the kyoto treaty

LETTER TO THE HANDSTAND




This request is directed at and on behalf of all the Private Land effected by the UNFCCC Kyoto Protocol as used by the Australian Government to meet its International Treaty Obligations under this protocol.

(The reconvened COP6 session at Bonn made significant progress on a final text on the rules for carbon sinks. Sinks that can be used to offset emission increases were defined to include a broad range of activities. These activities include growing forests, re-afforestation, and improved forestry, cropland and grazing land management practices. No overall limit was placed on the amount of sinks credits that could be claimed; countries instead were given quotas set out in Annex Z of the Bonn agreement that reflected their individual circumstances.[10]At the previous negotiations, Russia insisted on a footnote being added to its entry in Annex Z. Under the Bonn agreement Russia was assigned 17.63 million tonnes as a ceiling to its use of sinks. At COP7, Russia argued and won an expansion of its previous ceiling to 33 million tonnes.The sink outcomes incorporate several of Australia's key priorities. These include no restrictions of credits obtained from afforestation and reforestation activities, the inclusion of revegetation as an additional sink activity, and the removal of a substantial and artificial accounting penalty for new fast-growing short-rotation forest plantations, which are particularly relevant to Australia's eucalypt plantations. Sink credits will be specifically designated as 'removal units' and will not be able to be carried forward from the first commitment period to the second commitment period.In their closing statements at COP7, many Parties expressed satisfaction that consensus had been achieved on all outstanding work under the Buenos Aires Plan of Action (COP4), thus bringing to a close this stage of negotiations, and preparing the way for ratification and entry into force of the Protocol. )

UPDATE:9th Dec.2009

LETTER RECEIVED: Peter is determined, all right!Thanks for the click-on for the Alan Jones' radio talkback interview with Peter Spencer ..... a MUST LISTEN TO.This is it: http://www.sosnews.org/newsfront/?p=457
Yours sincerely,John Wilson.
PS: Of course, JUSTICE would have been served, ages ago, if Peter's PROPERTY RIGHTS case was presented to TRIAL BY JURY .... but, in the KANGAROO COURTS that we have in Australia, when Peter lapses into a coma, the treasonous hypocrites posing as "Judges" will continue on their way, as if nothing had happened. JW. 

6th Dec.2009

Last Monday 23rd December 2009 Peter started a indefinite Hunger Strike until the terms in his submissions are met. Peter is requesting that himself and all the farmers who's property has been stolen by the Commonwealth Government, being 109 million Ha (19% of Australia's farm land) of farm land locked up to meet its UNFCCC Kyoto Protocol commitments are compensated for on Just Terms, as our Constitutional Right when Government takes property. That property being 87.5 Mt CO2-e of Carbon and sterilizing 109 million Ha of agricultural land. Peter is requesting a Royal Commission with terms of reference encompassing all Regulatory Takings from Australian farmers and the devastating slaughter of livestock by wild dogs from National Parks.

Yesterday Peter moved his Hunger Strike from his farm house to a wind monitoring mast on his property Saarahnlee were he will stay until his requests are agreed to by PM Kevin Rudd. Local police arrived at the wind mast yesterday on a tip off from the Commonwealth Government, that is the only response from PM Kevin Rudd's office.It is a sad day for Australia when one of its own citizens has to go to this extreme to hopefully have his and other effected farmers Constitutional Rights reinstated.Alastair McRobert / Phn  0264545141 / Mob  0429361318

**********************************************
Monday 23rd November 2009

To the Prime Minister of Australia Mr Kevin Rudd MP.

As you and your Government have decided to refuse me my Constitutional rights – see copy of letter attached below 2nd May 2008, I now am intending to take my plea to the people.

I have found your Ministers and Members - the ones referred to in correspondence, entirely immoral and as said in all my correspondence they have had every opportunity to rectify the injustice against the Australian Farmer/land owner. However they have refuse as you have done to act morally and as the Australian Constitution requires, as have the Courts and the Public Service.
However, as the head of the Australian Commonwealth Government, you must bear the burden for the theft of the entire Kyoto emission target being Mt - 87.5 CO2 - e. from the targeted farmers.

It is now my role to tell the world this is your standard of conduct - that is, you steal the entire commitment to meet this International treaty from your own people, being we the targeted Australian Farmers referred to in this submission at horrific cost and suffering to us.

Subsequently, my adopted course of action is as follows and once again I point out my response as presented here is entirely due to your failed response to our numerous pleas for justice on Just Terms and your deliberate cover up and deception of the entire expropriation of our assets.

I am now retiring to my property Saarahnlee and I will scale a 300 foot Wind Monitoring mast on the main cordillera of the property which is - the cordillera, a mile high. The Tower is located between the Mountain of Flinders and Roberts. I will remain there until that which I seek is agreed to.

I will ask the Australian People – those that have all the rights to this democracy NOT the mere servants of those people - as they those servants have proven they are not worthy to be given that trust - I will ask the people if I we the farmers are entitle to our constitutional rights in payment and by so receiving that payment enable Australia to meet its International treaty obligations in good faith and as a civilised State that does not steal its citizens property breaking even the most basic of human rights.

I will not be eating for the time on the Mast and I will not leave the Mast until the terms are met – there is no comprimise, no negotiation and no discussion.

I have tried the protocol of being reasonable for 10 years. That opportunity has passed.

In the event my terms are agreed (See Terms as set out in the in Attachment - Actual Claims to the prime Minister)

– that is the Government has agreed to behave Constitutionally, then I require a committee be established immediately to ensure the items raised here are all provided to totally fulfil to the detail all the matters raised here. The committee will require the funding of a commission of enquiry and these persons names are to be found in a signed letter at Saarahnlee if needed.

The role of the committee will include the terms of reference for the Royal Commission and the agreement of the appointment Commissioners to be appointed and all demands and all aspects of the payments in this document including the timing deadlines.

Further the committee’s brief is to include any other matters that the committee see as necessary to carry out there responsibly.

As you prepare for Copenhagen think of us the Australians who paid the entire Carbon tab while you rewarded the polluters the power stations and the coal industries and lied to the people about our role….

Please do not lie in Copenhagen tell the world how you achieved your targets and the fact you stole your achievement.

I beg you to show the world this submission and attachments and see if they applaud you as the white knight of global warming as I will be placing it on the web and in the hands of the global media.

Thank you.

regretfully

Peter Spencer

Visit Agmates at: http://agmates.ning.com/?xg_source=msg_mes_network 

BELOW IS THE COURT DOCUMENT PREPARED BY PETER SPENCER WHICH OUTLINES THE FACT THAT HIS AND OTHER'S LAND WAS ENTERED UNDER THE AUSTRALIAN GOVERNMENT'S KYOTO TREATY AGREEMENT ON CARBON TAX LEVIES TO ABANDON AGRICULTURE AND RETURN THE DESIGNATED LAND TO NATURE AS CARBON SINKS. THIS WAS DONE AND THE OWNERS OF THE TARGETTED LAND HAVE NOT BEEN PAID FOR THE SACRIFICE OF THEIR INCOME. PETER SPENCER HAS BEEN BROUGHT INTO MORTGAGE DIFFICULTIES AND WILL LOOSE OWNER'S RIGHTS TO HIS LAND.

Saarahnlee - Seeking Commitment Submission.

Actual Claim to the Australian Government

Peter Spencer seeks commitment to the following:

Saarahnlee                                                              Monday 23rd November 2009

I and the Land owners, referred to as the people in this claim, affected by the UNFCCC Kyoto carbon emission targets agreed to by the Government of Australia, and as the Governments of Australia have denied me and the people referred, the other Australian Land owners, our Constitutional rights and claim the Australian Government and the State Governments and Local Governments – government at all levels, have used deceit to avoid those in this claim obtaining there rights and the access to the truth, relating to this deception and loss of  their property on other then Just Terms are seeking to have these matters satisfactorily discovered, exposed and resolved.

We and our Australian Families have suffered comprehensively,   having not received and yet have expected the protection of our Constitution - we hereby seek the following:

This request is directed at and on behalf of all the Private Land effected by the UNFCCC Kyoto Protocol as used by the Australian Government to meet its International Treaty Obligations under this protocol.

Peter Spencer Seeks a Royal Commission:

Terms of reference must cover the following.

Section A i.

1. In regard to the UNFCCC Kyoto Protocol Peter Spencer seeks a Royal Commission into the Government’s acquisition of the mitigation of carbon emissions - bio sequestration, as a takings on other then “Just Terms” from Private Property through out Australia as presented in the Mt -87.5 CO2-e Australia's Fourth National Communication on Climate Change to the UNFCCC 2005

In particular the Mt – 87.5 CO2-e listed under the title – LULUC. This listing accounts for almost the entire contribution of the Australian position in regard to the ability to achieve its international commitment of 108% - 8% above Australia’s 1990 carbon emission levels - Graph taken from page 2 of the Australia's Fourth National Communication on Climate Changeto the UNFCCC

2. Contrary to Australia’s original commitment to penalise the polluter and reward the mitigate – the “Polluter Pays Principle” - Australia has continued to reward the polluter and suppresses and economically marginalise and suppress the truth regarding the landowners contributions and financial hardship over the many years with no regard for the families involved in this deception and their suffering.  All of which when bought to the attention of the instigators they being the Politicians, Public Servants and Courts has been met with contempt, indifference, deception and denial. Frequent public admissions by leaders of these facts were merely followed with indifference and cruel oppression by the continuance of this policy in an attempt through the courts and regulation to oppress those families to such an extent so as to remove them from the land entirely and thus avoid at all costs a precedent.

3. This Royal Commission must start at the beginning in the mid 1980’s, Agenda 21  and the Australian Governments involvement with the UN and certain None Government Agencies (NGA’S) with agenda’s. The involvement of COAG and the 3 levels of Governments Federal, State and Local.

4. The connection of the 3 levels of Governments through Inter-Government Agreement and Federal funding through Statutes including but not limited to the States Native Vegetation legislation the National Heritage Fund and the impact on Local Government Rates, Property Rights and the failure to on Just Terms compensate to Property Owners for the Takings of the Vegetation and subsequent sterilisation of the property of the Property Owners by the use of the offsets by the Commonwealth of Australia for the benefit it received by way of mitigation and subsequently its ability to now meet its International Obligations under the United Nations Committee on Climate Change – Kyoto Protocol.

5. The current REDD – for the Developing Countries as per the new programme being proposed at Copenhagen as being a continuation of the current incentives for Developing Countries to be paid for retaining forests/vegetation. Australia has already paid $200 Million Dollars to PNG and Indonesia and received credits according to the Kyoto Protocol rules. Yet Australia refuses to pay its own land owners for their singular response to the entire Kyoto commitment without which Australia would be subject to massive financial penalties form the Compliance Committee of the UNFCCC.

6. The ability of the Commonwealth to now meet is International obligations was and still does benefit all Australians and this includes the Coal and Stationary Power Generation Industries with no cost levied at them what so ever.

7. It is to be part of the Royal Commissions terms of reference to determine why the Government used its power to exploit the weakness of the Land Owner to such a degree that all the cries for help and mercy from those Australian Families, were entirely ignored.

8. The involvement of the WWF and so Called “Green Mafia” in these developments.

Section A ii.

Peter Spencer seeks commitment to the following:

Supplementary but part of the above Royal Commission and to be included in terms of reference.

Is the following:

Part of the effect on farmers effected by restraints placed on the vegetation is the expansion of the vegetation across the private landscape and the thickening created by the removal/driving out of livestock from the vegetation by wild dog predation on that livestock.

All animals are pests if they destroy or add to the destruction of your lively hood because of there activities especially if the numbers of animals located on or have access to properties is unreasonable or is as a result of others who do not acting responsibly.

Terms of reference to include – summary, but not limited to:

A full enquiry into the impact of National Parks on private land, as a result of the National Parks not being subject to the fencing laws of the Nation or National Park Management policy not having to address fundamental management issues relating to the actual day to day care and welfare of the fauna and flora with in the boundaries of the National Parks.

Subsequently nutritional and damage by way of established movement corridors to and from private land and species competiveness and impact is not being addressed. The private land owner is forced to carry this burden both financially and as a daily negative destructive invasion on every management practice instigation, within on farm management procedures.

1. The study should include the access animals have from National Parks onto private land and the damage perpetrated and feeding costs of the National Parks animals being cared for by private land owners - when it is actually a public cost item.

2. The study should include ask why Airports have fencing that does not by permit by design wild animals access to airports. And ask why National Parks are not fenced appropriately so as to prevent their debilitating effect on private land, private property, roads, sports grounds, and any area outside the National Parks designated and legislated area provided by law for their welfare.

3. Determine the real cost of these National Parks and ensure proper and appropriate funding by the entire community thus accordingly ensure the National Parks are not a burden in any way on a selected minority in the community especially all the properties on the National Park Boundaries.

4. Include in the Enquiry why it is that National Park staff are not trained to restrain fauna to be contained entirely with in the National Park Boundary.

5. Limit numbers of fauna to be with in laid down capacity determinates with in the National Park’s National Policy this being a pre-set approved carrying capacity, according to a zoologically formulae for each Park. [Melbourne University Zoological Department have the resources to conduct these studies.]

6. National Parks to provide all nutritional and landscape needs for all National Park animals restrained within Park boundary/perimeters and ensure no needs of the National Park Animals is obtained out side the National Park by law set aside set aside for that purpose.

7. Ensure the National Park‘s Authority’s and an independent body is monitoring the numbers with in each Park of the fauna and flora to such an extent that the impact of the fauna and particular species of flora is not due population expansion of one species and thus harming another species and/or adversely impacting on another species of either fauna or flora e.g. e.dives.   

Any other item, that the Commission determines essential to its ability to conduct its work comprehensively, informatively and in an entirely effective manner relying predominantly on field practitioners - not academic theorists to ensure the rights of minority groups are not exploited and the rights of animals adequately and appropriately provided for.

Peter Spencer also seeks commitment to the following:

Section B

Regarding Farmers loss of 10.8 Billion Aust Dollars

This money to be paid to legitimise and replace the basic human right the deprivation of property resulting in the theft of the use of farming land under the international Kyoto Treaty by the Commonwealth of Australia shamefully, our very own Government.

The current Australian position is that it – Australia, has to obtain levels of merely 8% over the 1990 levels of carbon omissions by 2012. If the land owners are not paid the level will be over 130% that is 22% over the international treaty agreed level. This will place Australia in line to receive penalties worth substantially more as the UNFCCC Compliance Committee will be asked as will the Australian people to enforce the position of ownership stated here and the payment under the Australian Constitution. 

Farmers affected by the Native Vegetation Laws - land locked up and used to enable the Commonwealth of Australia to meet its International Treaty obligations as recorded in Australia's Fourth National Communication on Climate Change to the UNFCCC 2005 – under LULUC. Valued at approximately 10.8 Billion $Aust - plus interest.

In regard to all Land Owners who contributed to the Mt-87.5 CO2-e of mitigation as per the Australian Carbon accounts in particular, Australia's Fourth National Communication on Climate Change to the UNFCCC 2005 – under LULUC the following compensation is sought.

This payment legitimises the theft but not the morality of this item as taken from the effected Australian land owners for the benefit of all Australia by way of reimbursing them their Just Terms entitlements and subsequently enabling them to participate in all future the Carbon Market.

Therefore the following commitment is sought:

1. Payment to the Farmers and Land Owners of the full entitlements for their individual contribution to the reduction in Carbon emissions being the entire amount of -87.5 CO2-e as per the 2005 annual Return. Mt -87.5 CO2-e To the approx Monetary value of $10.8 Billion Dollars Plus interest per year as applicable compounding since 1990.

2. Further, that all these land owners be issued an irrevocable notice of a Government Guarantee immediately, while the Government funds in settlement are being processed. This is to enable these land owners to advise their creditors of their right to this payment so they are able to immediately remove themselves from the hard ship many are suffering and have been suffering for many years due to the fact the government has stopped them using their land. This Government Guarantee is a real commitment that these funds will all be processed with in 3 months.

3. This payment is due no matter what type or title the land is that is part of this claim. The deciding factor of inclusion is that the land referred must be part of the inclusion that has formed the aggregate of the Mt -87.5 CO2-e referred in the Australia's Fourth National Communication on Climate Change to the UNFCCC 2005 accounts and ongoing to 2012.

4. In addition the land must be included as being vegetation if so decided by the land title holder, lessee, freeholder, etc that can be traded with in the Carbon accounts system and not in any way treated differently.

5. In addition the land so effected by this Australia's Fourth National Communication on Climate Change to the UNFCCC 2005 must be returned to the land use it was used for as being incorporating the full bundle of rights before the government imposed this theft - takings of their rights and land use thrusting untold hardship upon them, the land owner - thus destroying its, the lands comprehensive and appropriate use and subsequent value.

Peter Spencer also seeks commitment to the following:

Section C

Farmers rights to be restored:

The “Right to Farm” must be restored to the Australian Land Owner with out seudo science being used to remove his rights in increments. The removal of these rights to the point that Land Owners lose all reasonable use of their land, is nothing, more then socialism and the justification of that for what ever persuasion is unacceptable.

Once the rights are restored, any reasonable contribution or regulation that is in the public good and allows the land owner to farm his land with out inhuman restrictions is to be reasonably considered.

However, once the right to farm is threatened and all reasonable use is lost then the revocation principle/provision must be pursued by the Government authority and if necessary the State must Purchase targeted property on Just Terms to effect that purpose on behalf of the State with out the land owner/user having to lose his livelihood or/and the value of his asset.

The importance of Secure Property Rights is unquestionable, it the single greatest contributor to the wealth and security of the Nation.  If this erosion of our rights and invasion of our privacy if not resisted in the strongest terms our children will work and live in an entire controlled invironment of Orwellian implications.

The people are the Nation and the people are not subservient to the politician and public servant the reverse is our democracy - the later 2 are subservient to the former.

This intrusion of our rights entirely so the political forces of the day so they can obtain the favours of the Fundamental Green Movement and the Big Developer on nonsense science credentials is only the start and will eventually filter through to all aspects of the use of our land – it must be stopped now. And our rights must be restored.

There are provisions in our Constitution that can be used by the Government to remove all aspects of the lands commercial potential which the Government can do once they have acquitted its continuing use according to law on “Just Terms.” No other business has to tolerate this invasion of their management practice and in this regard it as nothing more then an environmental disguise to quire and control land enabling a complete loss of farmers historic entitlements to “Secure Property” Rights. – all the way back to 1215, Magna Carta, 

The result of this State action if allowed to continue is an Australian Peasantry class – the people, entirely subservient to a new and already established Aristocracy – The Politician  - The Public Servant and the Judiciary.

1. The right to farm must be re-established and retained and those rights respected and if it be determined that the Australian Government or Governments including the States and Local, wish to take away the rights of the land owner’s “Secure Property Rights” the procedure must be according to law including through Revocation, settlement in monitory terms for the for full loss of traditional existing use and continuing use rights.

2. If the Government of all persuasions– Federal, State, Local, wishes to remove land/property from its occupier which includes the loss of all reasonable use of that land due Government restrictions /use, then it can only be done be by way of the due process of law and if Revocation – agreement is not acceptable as payment to the land owner /occupier for the loss of that right then the State must obtain the property referred on “Just Terms” 

3. The “Capital Sum of the Fee Simple” as per the Valuation of Land Act of NSW 1916 Part 1 6a excluding (4), must be restored to the land. This includes all land and its contents within the boundary of the lands title description, including on that land the soil the water and the vegetation that is as far as the depth to the centre of the earth and as to the height, as far as the height, as far as the sky will allow.

4. All Council Rates on land must be according to zoning and rates cannot be levied on land that cannot be used. Those Rates on all the land locked up under the Kyoto – Mt 87.5 “takings” mentioned in the “C” introductory above Australia's Fourth National Communication on Climate Change to the UNFCCC 2005 referred must be refunded and the Councils must apologise to the people for suppressing the truth of this oppressive, appalling practice and subsequently discontinue this dishonest outrage.

5. In due process the right extended to any person to be heard is a basic right and any legislation that removes the right to appeal or plead ones case is wrong. The local Government Act in this regard is uncivilised. Just as any Act that removes that right or hands the power of power of a Court to a public servant is unacceptable.

6. Finally, land owners must be allowed to farm the land as the market determines the viability direction that that practice permits. Any restriction on that provision that is so detrimental to the farm business plan so as to render the management practice dysfunctional, is unacceptable. This right must be restored across the land of the Nation as it was at 1990.

7. As to the farm sustainability that is part of farming - its very essential core and is incorporated at all times in the management strategy, not to do so would merely ensure the farm had not long term viability - have no future.

Peter Spencer also seeks commitment to the following:

Section D

In Regard to my land - “Saarahnlee”.

1. Compensation for the lockup and sterilisation of his land – “Saarahnlee” for mitigation by way of  Bio - Sequestration used and as presented and included in Australia's Fourth National Communication on Climate Change to the UNFCCC and as determined by best practice industry procedures.

2. The term is to be 1990 –2012.

3. The right to trade in the Carbon Market for thickening, plantings and any operations/ activity that my established Property Rights permit.

4. The right to return Saarahnlee to its right to farm status with the full restoration of all its traditional farming continuing use rights.

5. Saarahnlee’s Alpine Ash forests are restored with full continuing rights.
6. All riparian zones and interception effected areas to be restored to pre Kyoto traditional - involvement catchment capacity.

7. All thickening and growth affected by the sterilisation be restored at the cost of the State or compensation levied.

8. A fence equivalent to Airport quality to maintain all National Park Animals with in the Park be constructed between the Namadgi National Park and Saarahnlee and if the fence is not to be constructed on the entire National Park boundary or to at least include the properties north, being “Mount Clear” and west, being “Talbaray”, neighbours of Saarahnlee, then the 2 down legs of Saarahnlee to be included in the fence installation requirement.

9. Damages for all losses for the entire period and is to include all costs, all suffering and losses.

10. In regard to property rights – the full restoration of all Property Rights as this is how Saarahnlee established such sought after Alpine Ash Forests and vegetation. The State rendered it unviable because if it’s – Saarahnlee’s, best practice and subsequently, its superior value as a carbon sink. Saarahnlee was penalised and destroyed because of its best practice.

11. Most URGENT - An immediate Interim Payment to enable the urgent payout of the mortgagee possession documents held by the Sheriff and creditor payment demands to avoid the loss of all my property and possessions. Amount - $2 million Dollars and a Government Guarantee for estimate of balance overall within a reasonable time - no more then 3 months – 24^th of February 2010 estimate for settlement with interest penalty due and paid weekly from then if date/deadline not met. 

Peter Spencer

Saarahnlee.

02 64 545 141

The Commonwealth Government of Australia agrees to the above;

The terms of the above and the commitment to all in this document are agreed:

Dated:

Signed at:

Sealed with the seal of the Commonwealth of Australia:

Signed by the Prime Minister of Australia.