Feed aggregator

Using the insecticide thiamethoxam in spring could reduce numbers later in the year, a study finds.

In a landmark case now before the High Court, former Australian Greens leader Bob Brown and fellow forestry protester Jessica Hoyt are arguing that Tasmania’s anti-protest laws unconstitutionally restrict freedom of speech.

The two-day hearing, which concludes today, focuses on Tasmanian legislation. But the case has implications for hardline laws introduced in New South Wales and Western Australia.

Standing outside the High Court, Brown summarised what is at stake:

Had these laws been in place a couple of decades ago the Franklin River would be dammed. The tropical rainforest of Queensland would be largely cut up… We’re here to defend the right of all Australians into the future to be able to show environmental destruction where it takes place.

Critics see these laws in Tasmania as part of a deliberate effort to stifle environmental protest as the government pursues its stated aim of “rebuilding Tasmania’s forestry industry”.

Laws that some scholars say put corporate interests ahead of democratic rights have been legislated internationally. However, the issue now before the High Court is narrow. Does the Tasmanian legislation breach the constitutional implied right to freedom of political communication?

Tasmania’s laws

Under the Act, a protest is defined as any activity that promotes “awareness of or support for … an opinion, or belief, in respect of a political, environmental, social, cultural or economic issue” taking place on business premises. Political expression is thus an explicit focus of the law. It creates numerous protest offences with serious penalties.

Protesters who do not leave a premises when directed by police face penalties of up to A$10,000 each. New offences of causing or threatening damage or risk to the safety of a business carry penalties of up to A$250,000 or 5 years’ imprisonment. The definition of “business premises” is very broad and includes land that may be publicly owned, such as “business access areas” and mining and forestry sites.

Tasmania’s former resources minister Paul Harriss, in a statement made when the bill was passed in 2014, said:

Tasmania will now have the strongest legislation in the country to protect the rights of workers to lawfully earn a living, while ensuring the right to free speech and legitimate protest have been protected… No longer will Tasmania tolerate the extremists; you may have your say but you may not stop workers from earning a living.

Two months earlier, the United Nations urged Tasmania to withdraw the legislation. UN Special Rapporteur David Kaye described the law and its penalties as “disproportionate and unnecessary”. His colleague Maina Kiai argued that the law impedes the basic democratic function of protest: to hold government and corporations accountable.

The High Court

In January 2016, Brown was arrested and charged at an anti-forestry protest in Tasmania’s northwest, for refusing a police order to vacate the Lapoinya Forest exclusion zone, a “business access area”. He faced a maximum fine of A$10,000.

Brown announced in March 2016 that he intended to challenge the laws in the High Court. Two months later the charges were dropped, although a statement by Tasmanian Police Commissioner Darren Hine suggested that this was due to a technical error in the charges rather than an issue with the law’s constitutional validity.

Brown opted to continue his challenge to the laws. To broaden the case and secure legal standing, Hoyt joined as a co-plaintiff. She had been arrested at Lapoinya for returning to the area (rather than refusing to leave), thereby triggering a different section of the legislation.

Crucial question

In the High Court, the key question is whether the Tasmanian legislation is consistent with freedom of political communication. Because Australia lacks a bill of rights, this freedom has been implied from the constitutional principle of representative government. The reasoning is that it would be illogical to empower a citizenry to elect members of parliament but fail to protect public discussion about politics.

The court will be required to decide whether the Tasmanian law burdens communication about government or political matters.

The second, and more interesting, question is whether the Tasmanian law is “reasonably appropriate and adapted” to fulfil its claimed purpose of protecting workers and business while remaining consistent with our system of representative and responsible government.

Peter Gutwein, formerly Tasmanian forestry minister and now Tasmanian treasurer, has expressed confidence that the legislation will stand up to a constitutional challenge. However, this is far from certain.

In late 2016, UN Special Rapporteur Michel Forst reported that Tasmania’s laws:

would contravene Australia’s … obligations under international human rights law, including the rights to freedom of expression as well as peaceful assembly.

The Human Rights Law Centre has criticised the law as placing business interests over democratic values. Spokesperson Emily Howie argued:

Governments can’t just sell off our democratic rights in order to appease vested business interests. This Tasmanian law is completely unbalanced; it puts business interests way ahead of our rights as individuals to engage in political communication or indeed protest.

Other governments, both in Australia and internationally, will be watching the outcome of the case with interest. Australian citizens, especially those who feel that successive governments have shown more interest in protecting the fossil fuel industry than in effectively responding to climate change, will be looking for a sign about the values that underpin our Constitution.

Peter Burdon is affiliated with the International Union for the Conservation of Nature.

Mary Heath is affiliated with The Wilderness Society (SA).

One of the UK's last killer whales, which was found dead last year, had some of the highest levels of a toxic pollutant ever recorded.

Adult whale Lulu was one of UK’s last resident pod and had never produced a calf, signalling pollutants in her blubber cause infertility

One of the highest concentrations of toxic pollutants ever recorded in a marine mammal has been revealed in a Scottish killer whale that died in 2016.

The adult whale, known as Lulu, was a member of the UK’s last resident pod and a postmortem also showed she had never produced a calf. The pollutants, called PCBs, are known to cause infertility and these latest findings add to strong evidence that the pod is doomed to extinction.

Continue reading...

Urbanisation of marine environment impacts on seal hearing and is comparable to noise pollution of inner cities

Seals are being temporarily deafened by underwater noise in the UK’s busy shipping lanes, a new study suggests. Researchers compared the experience of the seals to that of people living amid the din of inner cities.

Dr Esther Jones, an ecologist from the University of St Andrews, said: “Like humans living in busy, noisy cities, some seals live in areas where there is a lot of shipping traffic and associated noise.

Continue reading...

The fissure that will lead to the breakaway of one of the largest bergs ever seen has a new branch.

May brings the joys of spring for the northern hemisphere while winter is a step closer for the southern hemisphere. We’d like to see your wildlife photos

• Click here to see photographs shared so far
  

Whether you are in the northern hemisphere where creatures are enjoying spring, or you’re in southern climes edging closer to winter, May, which brings change, is a great time for wildlife photography.

Related: Corvids build castles in the sky

Continue reading...

The UK Government has decided not to appeal against the High Court's rejection of a bid to delay publication of its draft plan to tackle illegal levels of air pollution.

The Guardian has expanded its global environment desk with three new appointments

• Support our coverage by becoming a member or making a one-time contribution today
  

Last November, the Guardian environment columnist Bill McKibben made the grim prediction that the “damage from the US election would be measured in geologic time”.

One hundred days and counting into Trump’s presidency, there’s little reason for optimism. The former CEO Of ExxonMobil is our secretary of state. The new head of the US Environmental Protection Agency wants to dismantle the agency. The Keystone pipeline has been revived, the clean power plan is in peril, and vast swaths of the Atlantic seaboard may be opened to offshore drilling.

Continue reading...

No 10 will not challenge high court judgment, which rejected ministers’ efforts to keep policy secret until after election

A draft plan to tackle air pollution will finally be published within the next week, after No 10 said it would not challenge a court ruling forcing the government to release information before the election.

Theresa May’s official spokesman said the government would not appeal against the high court judgment, which rejected attempts by ministers to keep the policy under wraps until after the poll.

Continue reading...

Nasa says its Saturn probe encountered very few particles in its dive inside the rings last week.

A fossil kept in storage in a museum for decades turns out to that of a new species, say researchers.

A terrible new white paper tries to make the case that carbon pollution isn’t dangerous

Although Trump’s EPA administrator Scott Pruitt has been among the biggest proponents of withdrawing America from the Paris climate agreement (using bogus ‘blame China’ arguments to make his case), climate deniers have been unhappy with him. That’s because Pruitt doesn’t want to challenge EPA’s carbon pollution endangerment finding – he thinks it would be a lost cause. A group of contrarian scientists released a white paper trying to pressure him to attack the finding anyway.

Continue reading...

After Trump’s revival of the pipeline project, some communities along its route are preparing to fight back while others see a promise kept by the US president to ‘make America great again’. The Guardian drove along the proposed route of the pipeline through three red states – Montana, South Dakota and Nebraska – to hear what those who will be affected have to say about it

Continue reading...

The Rhône glacier in the Swiss Alps is shrinking due to climate change. Artist Noémie Goudal produced and photographed an installation of the changing landscape for Project Pressure

Continue reading...

A group in Ontario are using animals like capybaras and kinkajous to reduce stress.

India shifts gear on electric vehicle policy, aims for no petrol or diesel cars to be sold on the subcontinent by 2030.

Friends of the Earth say the Andrews government's 2017-18 budget investment in climate change has been modest and that next year’s budget has emerged as a litmus test on the issue.

Claxton, Norfolk Once the nest building instinct has been unleashed it is remarkable how lavish their designs can be

It is wonderful to walk down the lane on to the marsh and see how, despite April’s refrigerated interlude, spring is building still. In some cases, this is literally true, not just the hawthorn hedges, which are fattening up with fresh leaves and blossom, but also the jackdaws, whichjourney back and forth with great gobbets of moss and cattle hair in their beaks. Some are so front-loaded with construction materials that one wonders how they see to navigate.

Corvids are generally great architects, and once the instinct has been unleashed it is remarkable how lavish their designs can be. The standard rook nest is a rough 15cm-deep stick platform, but recently I have come across some where the foundations are in a deeply forked situation. They have gone on until these twisting columns of sticks, which are known as “castles”’, are more than a metre tall.

Continue reading...

Herbert Smith Freehills has advised ANZ, BTMU and Westpac on the project financing for the construction, commissioning and operation of the A$225 million Ross River Solar Farm.