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Property rights seconded by land police

Increasingly governments are 'picking winners' and disregarding traditional property rights when it comes to enforcing changes in land use that too often suit a political agenda rather than a practical one.

There have been two events in the past week, which have crytallised this point, albeit on the back of numerous examples over the past decade, each seemingly more brazen than the last.

First on an agricultural front, Queensland's Labor Government has again singled out farm practices for regulation under the guise of environmental management.

The farm lobby and the State Government are arguing the scientific basis for the move, but the bottom line remains that agriculture is an easy target for Labor's bid to win over wavering green voters by claiming to save the Great Barrier Reef.

What is overlooked has been the improvement in farm practices in recent years in reducing sediment run-off.

While this form of regulation of property rights has become par for the course over recent decades, it is the singling out of agriculture that is the hypocrisy of the agenda. There has been no mention of including in the new regulations the booming number of coal mines in Central Queensland, which rely on the Fitzroy River Basin for their water.

Currently the water quality in the Fitzroy River, the mouth of which is at Rockhampton and flushes directly onto the Reef, is dubious to say the least.

The cause of this sudden increase in salt and mineral levels in the water goes back to January floods on the Central Highlands, when the pit of the Ensham coal mine was flooded. Water from the pit has since been pumped directly back into the river system, working its way downstream and now on to the reef.

In effect the State Government is pawning off rural land rights in order to court both the financially powerful mining sector, which delivers billions into the State's coffers in royalties, and the equally powerful green vote of the south-east corner of Queensland.

If that is not bad enough, there are more dangerous warning bells a ringing from Canberra's actions in taking on the Western Australian mining lobby.

Last week the High Court, with the support of the Federal Government, in effect took over a privately built and owned railway line of BHP Billiton in order to give access to this asset to BHP's business rival Fortescue Metals.

Institute of Public Affairs director Alan Moran wrote in The Australian Financial Review last week that "if these decisions on the Pilbara railways were to apply to assets in general, then many would be cheering them as sounding the death knell of the capitalist system.

"Owners' sole rights to use their property would be substituted by the state requiring that it be shared and setting the fee for such sharing."

These are not one-off aberrations - think native vegetation regulations, which in many states were an unpaid for acquisition of a land owners' right to use the resources (timber) which stood on their property.

The fear that I have is that these government over-rides of private property rights will only become more brazen, as the community at large unwittingly embraces the socialisation of their assets.

Or are such policies for the greater good? What do you think?

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The once gradual but now accelerated erosion of our freehold land rights makes me wonder if governments really want us to produce food, timber and fibre. Governments seem to want to sacrifice the farming community on the altar of the environment to grab a few votes from the ignorant city slickers in the so-called 'great south-east'. Even our local greenies in near-by Mackay can see the damage Capt Bligh is doing. She'll give the go-ahead for another 27 coal mines in the Mackay hinterland and then try to tell everyone that the farmers are ruining the reef. Open cut coal mining ruins the land forever. You can't farm it after. It will be stuffed. So much for her green credentials. What a hypocrite !!!
Posted by Trugger on 3/11/2008 4:12:13 PM
One wonders if the amount paid for a "right in title" to anything is worth it. Increasingly, as you indicate, title is becoming a worthless encumbrance or worse still solely a "right to pay". The sooner we all return to squatters rights and the anarchist law of the jungle the sooner governments will begin to understand what rights in title was all about.
Posted by max on 3/11/2008 9:21:23 PM
Hopefully it won't get to that before the broader public wake up to what's going on, but I agree it will take some drastic occurance to bring attention the to issue.
Posted by Michael Thomson on 4/11/2008 7:23:02 AM
Politicians in general, particularly those in Queensland seem to get a real kick out of abrogating, bordering on derogation, of any form of private ownership of land and the private equity holding the land. Take a quote from the Premier of Queensland the Honourable Anna Bligh dated December 3 of 2007 at the signing of the so called “Delbessie Agreement” where she said, quote: “We are third behind China and Russia in the amount of State-owned land we have but we want to be first in looking after our land.” Apart from the obvious worrying connotations derived from this statement, this agreement was co-signed by the then AgForce President Peter Kenny on behalf of subsidiary company AgForward and Australian Rainforest Conservation Society President Aila Keto both organisations of which then became the beneficiaries of State funding for their respective roles. There is doubt that there are a lot of snouts in the private property rights trough and at this point in time they are feeding quite well.
Posted by Dr Bob on 4/11/2008 9:41:43 AM
Ihave written many times even had TV interviews and radio interviews but never have I been able to get interest in my assertion that Governments are confiscating private property or property rites which is simply socialistic...(both sides of Government)your quote "if these decisions on the Pilbera Railways were to apply to assets in General than many would be cheering them as sounding the death knell of the capatilist system"..We have recently had 67 percent of our irrigation license (which we purchased) confiscated without compensation.. a warning to you people out there ,, you may be next..We must get the message to Government that if they wish to take private property for what they perceive to be the public good, then surely the public should pay for it.
Posted by Trev Randall on 6/11/2008 4:45:37 AM
When Australia (or Queensland in particular) no longer has sufficient locally produced food and tainted imports aren't available due to food shortages overseas, what will our Labor leaders (e.g. Captain Bligh) say? What else but "Let them eat coal"!
Posted by Green farmer on 6/11/2008 6:13:31 AM
What can you do? I have a EPC over my place and have had 3 notices of entry which means that they have had access to my place for almost 9 months. I am going to deny them access (they want to come back and drill more holes) but i don't know what will happen after that. Where does someone get support to take on this fight? what does it cost ?
Posted by forrests08 on 17/11/2008 8:18:03 PM

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We invite and encourage our readers to post comments. Comments are moderated and will appear as soon as our editor has approved them. When posting comments you agree to be bound by our Terms and Conditions.
Michael Thomson is the Editor of FarmOnline. He has previously worked as the Canberra Parliamentary Press Gallery correspondent for the Rural Press group of agricultural newspapers, and as a senior reporter with Queensland Country Life.
The Fitzroy River in flood earlier this year.
The Fitzroy River in flood earlier this year.

Q: Is now the right time for the Federal Government to be overhauling its drought assistance policy?

Yes - the sooner the better
(52%)

No - wait until the current drought is over
(32.8%)

It doesn't make any difference
(15.2%)

Total Votes: 454
Poll Date: 2/11/2008

11/12/2008 | Farm lobby groups will decide next week whether the future of farm representation will stay as it is or be broadened to bring in the big end of town.
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