In the Federal Court of Australia in Sydney on Thursday 20th December 2007, the Court rejected the Commonwealth’s application to strike out a Statement of Claim entered into the Court by Monaro District farmer Mr Peter Spencer.
Mr Spencer has claimed that Intergovernmental Agreements between the Commonwealth and the States and Territories, along with the International Treaty the Kyoto Protocol that was signed in April 1998 that set Greenhouse Emissions Targets that Australia have to meet by 2012, bind both the Commonwealth and State together.
The Carbon Sink developed on his property by the State banning Land Clearing has expropriated Mr Spencers property and prohibited the lawful use of his land for Agricultural purpose and no payments for sequestration and storing Carbon has been negotiated, this acquisition was not on “Just Terms” as the Commonwealth Constitution provides for just compensation for the acquisition of property.
Counsel representing Mr Spencer in proceedings, Mr Peter E King said after the hearing, “This is the first occasion in Australia’s legal history that it has been found there was an “arguable case” against the Commonwealth on behalf of farming interests that the Kyoto Protocol may give rise to Property Rights”.
Mr Spencer said “I am delighted that my case will be heard and it vindicates my beliefs, farmers have as much right as coal – miners to recognition under the Climate Change Convention”.
** This is the text of a media release from The Commonwealth Property Protection Association made on the 21 December 2007.