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 The courts' split views on Peter Spencer's case 

The courts' split views on Peter Spencer's case

05 Jan, 2010 02:28 PM
PETER SPENCER is a man on a mission. He admits he has ''no idea'' how many cases he has brought to court in order to defend his property, and he certainly would not be able to estimate the amount of column space that has been dedicated to his various protests.

His record in the courts illustrates the two sides to his story, and the passion with which he pursues his cause.

In October 2008 Mr Spencer lost a NSW Supreme Court case in which he had attempted to sue the NSW minister for climate change, environment and water and the Nature Conservation Trust.

Justice Stephen Rothman's judgment reveals that Mr Spencer's problems began more than 10 years ago, with the passing of the Native Vegetation Act 1997, which, along with other legislation, imposed significant restrictions on what he could do with his land.

While the State Government, through the Nature Conservation Trust, originally said that it would offer a purchase price for the land that estimated the value of the property before the act, within a year it decided to offer to pay the market value of the properties after the legislation had passed.

An offer of more than $2 million was made to Mr Spencer, which he did not accept. Instead he sued the Government, and lost.

Justice Rothman said ''the overall effect of the different pieces of legislation seems grossly unfair and unconscionable'', but found that both the minister and the Nature Conservation Trust had acted within their rights and for the benefit of the community.

Mr Spencer also tried to take his battle to the Federal Court. He claimed that when Australia signed the Kyoto Protocol, the Commonwealth stood to benefit from the fact that he was not allowed to clear his land. In this case, Justice Arthur Emmett found that Mr Spencer's claims were ''embarrassing'' and, later, "gobbledegook". He also ordered that Mr Spencer pay 80 per cent of the Commonwealth's costs from the matter.

One supporter told the Sydney Morning Herald that Mr Spencer needed to continue with his protest because the legislation to forbid farmers from clearing their land was ''the most disgusting thing that has happened to a minority group in Australian culture''.

However, his detractors believe he is an opportunist who is out to get more attention for his cause.

They point to his ability to attract attention through events such as the National Chop Down a Tree Day that he organised in 2007, or his current hunger strike.

His willingness to drag his battle through both the courts and the media show that Mr Spencer is not going anywhere any time soon.

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Democracy Refugee Rudd's style!
Posted by Tigerdicky, 5/01/2010 8:11:09 AM, on The Land
If it was a big Company it would get bailed out by the tax payer. One rule for all.
Posted by Tonytwotimbers, 5/01/2010 10:37:32 AM, on The Land
All farmers adversely affected by the native vegetation act have been fighting for ten years. It has diminished our productive capacity and reduced our asset value, land that is tied up under the NVA is a financial drain on the overall productivity of a farm. We still pay rates rents and insurance but gain no income.
Posted by wally, 5/01/2010 7:28:52 PM, on The Land
I've had enough of property rights extremists saying stupid things like this is ''the most disgusting thing that has happened to a minority group in Australian culture''. What a gall! The land was stolen from aboriginal people - with zero compensation, mind you, not even an offer to pay, let alone pay $2 million or its equivalent back then.
Posted by Michael, 6/01/2010 10:15:07 AM, on The Land
Michael we have been paying the Aboriginal former owners ever since settlement. Every week they line up for their payment. Can the same be said for these people trying to feed they nation whilst Government is hell bent on destroying Australian clean food security. A dole check will be worthless if we inport all our food.
Posted by Tax payer, 7/01/2010 10:11:28 AM, on The Land
Taxpayer - you have a poor understanding of history and contemporary government funding. Farmers are entitled to get the dole and large subsidies on top of it as well.
Posted by Realist, 7/01/2010 11:28:05 AM, on The Land
Realist check your figures? Very few farmers are eligble and these payments to those down on their luck through prolonged drought have contributed big time to our Nations wealth and will again when this mongrel drought breaks. Every $ a farmer produces goes around and around the economy. You can not claim drought assistance as a subsidy, A subsidy is what supports US & EU farmers. As the people in those countries know what it is like to go hungry so they make sure farmers survive to produce clean green food for their people to eat. The Labor Gov still thinks food comes from the supermarket. The only trouble is this current Gov hates farmers. That has been proven over and over again, even the Libs jumped the fence to weaken Agriculture. If you want Australian food security this Government is not going to secure it for you.
Posted by Taxpayer, 7/01/2010 2:00:59 PM, on The Land
A sad column Amy with responses such as that from Michael. I will pray for your enlightenment.
Posted by Common Cents, 7/01/2010 2:19:00 PM, on The Land

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