Legal Defence of the Environment

[Paradigm Shift broadcast 24 July 2015 on 4 triple z (FM 102.1 Fridays at noon)].

Today’s show was about using the law to defend the environment.

Andy, Merret (sp?) and Ian discussed this issue.restreamer

The show began with Andy interviewing Sean Ryan from the Environmental Defenders Office (EDO). Sean spoke about Legal remedies regarding the coal mines in Queensland contribution to Climate Change.

Specifically Sean spoke about the Wandoan coal mine; the Alpha coal mine that is being mined by Hancock coal; and about the Adani’s  Carmichael mine owned by Wangan and Jagalingou Traditional Owners.
They briefly discussed New Hope’s plans to expand Acland mine on the Darling Downs.

Sean commended the Queensland Government on its reinstatement of the right of the community to object on the basis of environmental impacts.

Andy and Sean discussed an environmental group called “Agenda”. This group, based in the Netherlands,  sued the Dutch government for not doing enough to protect it citizens from the effects of climate change.

The court said that the Dutch government has ‘a duty of care’ to protect its citizens from the impact of climate change.

Sean discussed the ‘tort of negligence’ and judicial review.

Andy questioned Sean about the Hunter Valley where a Rio Tinto mine was reinstated.

Sean said that the benefits of going to the courts was that they are supposed to be independent of money and politics. Witnesses have to be sworn under oath or affirmed so they can go to jail if they lie. Therefore more likely to get the truth. For example, the courts have to accept the scientific evidence relating to climate change. The mining industry cannot deny climate change in the witness box.

Nor can Adani claim that there are 10,000 new jobs at the Carmichael mine. Sean Ryan (EDO) said at most there would be 1,464 jobs on offer if the Adani project goes ahead.

Andy asked Sean about the ‘Agenda’ case in the Netherlands.

Sean said that there are penalties and fines for the government if it does not abide by the court ruling.

Andy, Merret and Ian then discussed the pros and cons of a legal defence strategy.

mushroom cloudTen Minutes to Midnight
At the end of the show Andy interviewed Paul Brown about the atomic testing in in Montebello Islands and Maralinga. there is an exhibit on at the block at QUT Kelvin Grove and it is  called 10 minutes to midnight. It is about community groups in South Australia and the projection of images showing what happened at montebello Island and Maralinga where atomic testing was done on Australian soil.

They discussed the minor trials. These were particularly dirty atomic tests during the 1950 s and 1960 s. Paul discussed the case of a whistleblower by the name of Aidan Hudson who was talking about veterans rights from the minor trial and the Royal Commission into atomic testing in the 1980 S. the name of the exhibition is nuclear futures and it does talk about the past but give some insight into what can happen in the future. They talked about the arms race and how the British use the Australian land Aboriginal land to test the bomb. The exhibition nuclear Futures is on at the Queensland University of Technology at the block which is a building at Kelvin Grove campus. & B exhibition features films that a showing between 2 p.m. and 6 p.m. each day.

10 Minutes to Midnight
where The Block
when 21 July – 7 August
hours Weekdays 2.00pm – 6.00pm
Saturday 25 July 10.00am – 3.30pm
Sunday 26 July 8:30am – 3:30pm
admission Free

Playlist
Billy Bragg – Think Again
Coloured Stone – Chasing Rainbows
Combat Wombats – Alternative Energy
Rankin & Dub Ainu Band “You can’t see it, and you can’t smell it either “

 

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