FARMERS are perplexed as to why the State government does not repeal the Native Vegetation Act as promised, but perhaps the State cannot afford the huge cheque they would have to pay the federal government if they did.
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Agreements between the Howard government and then Carr State government to meet the Kyoto protocol involved the State getting money to stop clearing, and if the government repeals the law then the State would have to pay the Commonwealth money back.
Although the federal government made the agreement to stop land clearing it did not control the legislation to make it happen and needed the NSW government to assist.
Australia, prior to federation in 1901, was governed by six colonies which did not want to diminish their power and many compromises were made so the new national government could make changes particularly on international agreements such as Kyoto.
Generally the federal government gets its way by signing agreements, usually with money attached, to the States.
Prime Minister John Howard signed the Kyoto protocol in 1993, promising Australia would reduce its carbon emissions and negotiated Kyoto article 3.3 stopping broadscale clearing.
The government put in $1.4 billion and clearly stated in agreements “any Commonwealth investment will be contingent upon land clearing being prohibited in areas where it would lead to unacceptable land or water degradation; and the Commonwealth will require agreement from relevant States particularly Queensland and NSW that their vegetation management regulations are effectively used”.
He also implemented the national framework for the management and monitoring of Australia’s native vegetation including three pieces of legislation: Natural Heritage Trust a National Vegetation Initiative, National Action Plan for Salinity and Water Quality and the Regional Forest Agreements.
The agreements state clearly they “commit the States and territories to put in place controls which at a minimum prohibit land clearing in the 21 priority catchments and regions where it would lead to unacceptable land or water degradation”.
Peter Spencer, the farmer who lost virtually all his property to the Native Vegetation Act and sat in a tree for weeks as a protest, has taken his case to the High Court of Australia arguing the Australian government effectively acquired land via the back door through the States, avoiding having to pay compensation as required under federal law, destroying his capital value and depriving him of future earnings.
Whatever Mr Spencer’s result, the broader moral question is why Julia Gillard’s carbon tax is any different to John Howard’s land clearing tax that only a few hundred farmers have effectively paid through massive capital reduction in value on their uncleared land.
And why has Tony Abbott forgotten to remove the carbon tax from those farmers?
The carbon tax was about reducing carbon emissions, exactly the same as stopping clearing, so it appears farmers are the only business sector still paying the carbon tax.
The great train robbery netted Ronnie Biggs and his mates millions, but it is chicken manure compared with the great native vegetation heist of 1995 which delivered billions to government, with farmers the hapless victim.
No wonder farmers are still angry about a law where some lost hundreds of thousands in equity in their properties so government could meet its international carbon tax.