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  • Carbon tax is ‘unconstitutional’, says tax expert

    Carbon tax is ‘unconstitutional’, says tax expert

    Jessica Wright

    Apri1 10 2012

     

    A PROMINENT Australian legal expert says he believes the Gillard government’s carbon tax is unconstitutional and that the three largest states stand a chance of successfully overturning the legislation in the event of a High Court challenge.

    The University of New England academic and practicing barrister, Bryan Pape, has provided legal advice to conservative policy think tank, the Institute of Public Affairs, that says the carbon tax legislation — due to come into effect on July 1 — could be challenged on several grounds including that, ”the Commonwealth cannot tax State property: Legally carbon dioxide emissions are State property”.

    The advice goes on to say that, in Mr Pape’s legal opinion, ”the Commonwealth cannot impose a carbon tax and other related penalties within the same Act. The Commonwealth cannot introduce a carbon tax within its external affairs powers”

    Mr Pape — a specialist in taxation and administrative law — made headlines in 2009 when he mounted a High Court challenge over Labor’s $42 billion stimulus package, arguing that the $900 payments to individuals exceeded the federal government’s taxation powers.

    “These greenhouse gases are property owned by the States and it is impermissible for the Commonwealth to impose any tax on any property of any kind belonging to a State,” Mr Pape said.

    The full bench of the court ruled in favour of the Commonwealth by a margin of 4-3.

    IPA Climate Change policy director, Tim Wilson, told the National Times today that the think tank had commissioned the advice in a bid to prod the states into action against the carbon tax, a piece of legislation the conservative body has long opposed.

    ”The IPA commissioned a legal opinion because state governments have sat on their hands and let the Gillard government introduce a tax that they could potentially stop,” he said.

    ”Only the High Court can decide the constitutionality of the carbon tax, but there are clear grounds to challenge it according to one of Australia’s top administrative law minds.”

    Mr Wilson said the full text of the legal opinion would not be released ”pending a possible legal challenge.”

    ”A copy has being provided to the Premiers and Attorneys-General of the states with the best legal standing for a potential challenge – New South Wales, Queensland and Western Australia,” he said.

    The legal advice will arrive on the desks of state premiers as they prepare to travel to Canberra this week for Friday’s Council of Australian Governments meeting, where, for the first time in 4½ years in office, Labor will be outnumbered at the negotiating table.

    NSW, Victoria, Western Australia and Queensland are all under conservative rule and a new opinion poll has today revealed that federal Labor now trails the Coalition in every state and territory on both primary votes and on a two-party preferred basis.

    The Newspoll survey, taken between January and March, shows the government is down from between three and six percentage points on primary vote and two to five points after a distribution of preferences.

    The analysis of the quarterly figures reveal that the government’s electoral standing has sunk well below its 2010 election result, with support in every voting group and every state lagging behind its levels of support that resulted in a minority Labor rule.

    The poll shows that if an election were held today, the carnage would be most concentrated in Queensland, where all but one or two of the state’s eight federal Labor MPs are likely to be wiped out.

    twitter Follow the National Times on Twitter: @NationalTimesAU

    Read more: http://www.smh.com.au/opinion/political-news/carbon-tax-is-unconstitutional-says-tax-expert-20120410-1wlqh.html#ixzz1raZhpjwx

  • O’Farrell fast train is absurd, says Hockey

    How O’Farrell will provide corridors for fast trains through an overburdened metrop network- needs to be investigated.

    O’Farrell fast train is absurd, says Hockey

    1

    PREMIER Barry O’Farrell’s opposition to a second Sydney airport was “absurd”, a senior Liberal said yesterday, opening a rift between the state government and federal opposition.

    Mr O’Farrell has dismissed the need for a second airport, a centrepiece of The People’s Plan, in favour of a high-speed Sydney to Canberra rail link.

    But shadow federal treasurer Joe Hockey said not only did Sydney need a second airport it also had to be close to the city.

    “No one’s going to fly Sydney or Melbourne and land in Canberra and catch a train,” Mr Hockey said.

    “I’m hoping the Premier will change his mind when he becomes fully aware of all the issues.

    “Whether it’s Wilton or whether it’s Badgerys Creek, we need to have an airport closer to Sydney and suggestions of an airport further out are absurd.”

    Mr O’Farrell wants a Canberra Airport expansion and a $10-25 billion high speed rail line. An airport at Wilton is estimated to cost $2.5-3 billion.

    The Daily Telegraph People’s Plan infrastructure expert Gary Sturgess said building a second airport should be a major priority for the state government, either at Wilton or Badgerys Creek.

    Federal Transport Minister Anthony Albanese again called on Mr O’Farrell to change his mind yesterday. “The NSW government, along with the Australian government, commissioned a report,” Mr Albanese said.

    “Seven people sat on the committee, including the heads of NSW Transport and NSW Planning. They provided that report and it indicates what cost to the Sydney and NSW economy, but the national economy as well, if we don’t have a second Sydney airport.

    “I find it extraordinary that the Premier of NSW, who speaks about making NSW number one, can just dismiss a report that shows there are dire economic consequences for Sydney if we don’t get this necessary piece of infrastructure.

    “The Premier can’t just pretend that this is an issue that’s too hard to deal with, and I’d call upon him to be constructive, examine his own report and what the consequences are for Sydney and NSW.”

    It is the second time Mr Hockey, who at one time was touted as being a NSW premier, has disagreed with Mr O’Farrell.

    Mr Hockey said in December that he believed Mr O’Farrell should have sold the $10-15 billion poles and wires.

     

  • Blowtorch applied to land valuations

    Blowtorch applied to land tax valuations

    April 9, 2012

    Questions raised ... the Valuer-General, Philip Western.

    Questions raised … the Valuer-General, Philip Western. Photo: Adam Hollingworth

    A ”FORENSIC review” of land valuation contracts awarded over more than a decade will be conducted by the NSW Auditor-General amid increasing concern about the accuracy of a system that determines land tax bills and council rates.

    The review follows questions about the integrity of the process that have emerged from a parliamentary committee inquiring into the office of the NSW Valuer-General, which issues about 2.4 million valuations a year.

    In recent weeks it has been revealed that wealthy landowners are having their private and commercial property values reduced by billions of dollars for tax purposes after objecting to official decisions or taking legal action.

    Concerns about the lack of accuracy in valuing land has led to scrutiny about whether land tax bills and council rates have been assessed correctly.

    Questions have also been raised about the relationship between the Valuer-General, Philip Western, and a company he helped establish, Quotable Value Australia, which has been paid millions of dollars for valuation work during his tenure.

    A parliamentary committee has asked the Auditor-General, Peter Achterstraat, to report back on every payment made by the government to private land valuation firms since 2000.

    Mr Achterstraat will calculate how much has been paid to each of 20 valuation firms and check the figures with contract data.

    The Herald revealed that official figures provided by Mr Western to the committee indicated that in the past five years Quotable Value Australia had received 60 per cent of payments to private contractors for valuation work for rating and taxing purposes.

    Mr Western says the figures are incorrect. The director-general of the Department of Finance and Services, Michael Coutts-Trotter, has been asked to investigate.

    The chairman of the parliamentary committee, the Hornsby MP Matt Kean, said Mr Achterstraat would conduct ”an independent and transparent inquiry so the committee is able to form an opinion based on the facts”. He is expected to report back within a month.

    ”As an accountant and an auditor, I believed the issues that have been identified are serious,” Mr Kean said.

    Mr Western was questioned during a hearing of the committee last week about his relationship with Quotable Value Australia.

    He told the committee he was general manager of rating and taxing at Quotable Value New Zealand, the company’s parent, owned by the New Zealand government, from 1999 until June 2003. He held the same position at the Australian arm after it was established in 2000 but has ”no business or personal interest” in the company.

    Mr Western said he was a ”close friend” of one of the New Zealand company’s senior managers and had given a job to a woman who has become its chief operating officer and who he believes is also in charge of Australian operations.

    When Mr Western was appointed Valuer-General in September 2003, the company held only one contract with the government – for land valuation work within the City of Sydney.

    Mr Western said a tender evaluation committee decided he should not chair that year’s process due to his recent work at Quotable Value, which was a tenderer.

    But he said the next year the panel decided he should chair the panel to oversee contracts to be awarded in 2004 because ”any perceived conflict would have disappeared at that stage”. This was particularly due to the presence of a probity officer overseeing the process.

    Mr Western chaired the panel until 2007, after which responsibility was transferred to the land and property information division of the Lands Department.

    He said he had demanded answers from the division about the figures provided to the committee.

    Read more: http://www.smh.com.au/business/property/blowtorch-applied-to-land-tax-valuations-20120408-1wjla.html#ixzz1rV41118y

  • Remarkable Cars: Ford Nucleon- The Atomic Car

    News 2 new results for DANGER TO US NUCLEAR PLANTS
    Don’t Fear a Nuclear Arms Race in the Middle East
    Ammon News
    Indeed, it has become axiomatic among Middle East watchers, nonproliferation experts, Israel’s national security establishment, and a wide array of US government officials that Iranian proliferation will lead to a nuclear arms race in the Middle East.
    See all stories on this topic »

    Ammon News
    Remarkable Cars: Ford Nucleon ‒ The Atomic Car
    GTspirit
    Nuclear power provided exciting prospects, it was widely believed that this form of technology was safe, clean and especially cheap. Lewis Strauss, then Chairman of the United States Atomic Energy Commission, announced proudly in 1954 that nuclear
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  • Peak oil already wreaking economic disaster

    News 3 new results for PEAK-OIL
    Rollo: Peak oil already wreaking economic disaster
    The Bloomington Alternative
    Peak oil production is at a crisis point but also is an opportunity to better the planet, Bloomington City Councilman David Rollo said in a talk, “Evidence and Consequences of Peak Oil,” sponsored by Green Drinks at the Upland Brewery banquet hall on
    See all stories on this topic »
    We’re Not Going to Run Out of Oil Based Fertilizer
    Forbes
    I had thought that worries over the supplies of oil based fertilizers (or fertilisers) were confined to the kookier ends of the Peak Oil conspirators along with the weirder part of the environmental movement. Sadly, I find that it has invaded the
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    Society must prepare for the end of plentiful oil
    Billings Gazette
    I just saw Mark Mathis’ film, “spOILed: The Movie,” about the coming reality of peak oil. Mathis illustrates that Americans are “spoiled” by the benefits of our oil economy: sanitation, transportation, plentiful food from global sources, computers,
    See all stories on this topic »

     


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  • Long-term studies detect effects of disappearing snow and ice

    ScienceDaily: Oceanography News


    Long-term studies detect effects of disappearing snow and ice

    Posted: 06 Apr 2012 05:28 AM PDT

    Regions of the earth where water is frozen for at least a month each year are shrinking as a result of global warming. Some of the effects on ecosystems are now being revealed through research conducted at affected sites over decades. They include dislocations of the relationships between predators and their prey, as well as changes in the movement through ecosystems of carbon and nutrients. The changes interact in complex ways that are not currently well understood, but effects on human populations are becoming apparent.
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