Former Cooma farmer Peter Spencer’s 10-year court saga over property rights has continued with an appeal to the full bench of the Federal Court.
In his corner this time is Queensland’s One Nation senator Malcolm Roberts who says Mr Spencer has been the victim of indirect property theft by the Commonwealth.
Mr Spencer lost his Southern Tablelands farm after he claimed NSW native vegetation laws brought in by the Carr Government stopped him from clearing part of his farm to make a viable business, including a wind farm venture. He claimed the state laws were “theft by stealth” by the Commonwealth, and demanded compensation. He said the Carr Government was doing the bidding of the then Howard federal government as it tried to reach carbon targets set in the Kyoto climate protocol.
His battle - highlighted by a 52-day hunger strike in 2009 - has come at a huge cost, financially and personally. His wife returned to Denmark with their children many years ago and he has not seen his family since, a fact that reduced him to tears outside the Federal Court on Tuesday. His direct family, to whom he owed the money, repossessed the farm, and he then refused an offer to live on the home at “Saarahnlee” at Shannon’s Flat until he died.
The National Farmers Fighting Fund supported him in his initial court applications - to the tune of $1.5m - but it pulled out support after a number of court defeats. Mr Spencer is now funded by a small group of avid supporters, and represented in court by lawyer Peter King, a former federal Liberal MP for the seat of Wentworth.
One Nation lent its moral support this week as his latest legal bid was underway in Sydney.
Senator Malcolm Roberts said Mr Spencer’s cause was “worth fighting for.” “Farmers are the best people to look after their own land.” he said. “They don’t need governments to tell them what to do, when to clear, what to save on their farm,” he said. “Vegetation laws are nothing but a greedy land grab by states at the bidding of the Commonwealth. Farmers are still having their property rights stolen off them.” Senator Roberts accused the United Nations of “climate fraud”, that was using a “climate scare campaign” to take away property rights from farmers, and then make them pay for alleged environmental issues on farm.
Mr Spencer said the new NSW native vegetation laws were just another abrogation of human rights and should be torn up. The application for an appeal hearing continues in Sydney.