• Adjournment Speech-The concept of Wild Law

    WILD LAW

    Wild law, also known as Earth jurisprudence, extends the Western understanding of governance which focuses solely on human interests to include the concept of governing for the benefit of the whole Earth and its inhabitants. Wild law is Earth-centric rather than anthropocentric. Animals, plants, waterways and ecosystems have intrinsic rights to exist and flourish.

    New Zealand, Bolivia and India are leading the way in formulating wild law that protects the right of natural systems in perpetuity.

    Wild law is based on humankind’s most primeval understanding that we share our environment with all living beings, giving and taking in balance. The ancient lore of the Aboriginal peoples ensured that more than 1,000 generations thrived on this island continent without degrading natural ecosystems. However, within 250 years of European colonisation our environment has become severely damaged. Many plants and animals are at the brink of extinction, forests and grasslands are depleted, waterways have been poisoned and our reefs and mangroves are dying. Animal agriculture has polluted our groundwater, eroded our precious soils and destroyed vast tracts of native habitat.

    The Western view of the environment sees an expendable resource for profit and pillage. For the sake of future generations, government must incorporate wild law into our regulatory framework.

    How do we go about enshrining Earth jurisprudence into our laws?

    The modern originator of wild law, academic lawyer, Cormac Cullinan, in his “A Manifesto for Earth Justice” proposed that ecosystems be given legal personhood with enforceable legal rights. There is precedence for giving non-humans legal personhood, with corporations being given legal rights to promote commerce and trade. If corporate personhood is required for healthy economies, then why not legal personhood for the protection of natural systems that ensure the very survival of the planet? Wild law is in the early stages of evolution as modern legal doctrine. The framework is little more than a philosophical basis for developing legislation, policies and environmental protection, but there are encouraging recent developments.

    Australia was once a progressive nation. We were at the forefront of the growth of international human rights and the establishment of the United Nations. In the development of wild law, we are nowhere to be seen.

    Bolivia is world leader in wild law, drawing upon their indigenous concept of Pachamama, which means Mother Earth, in the adoption of their 2009 constitution:

    Pachamama is a living dynamic system made up of the undivided community of all living beings.

    The Bolivian Constitution gives natural systems the right to live, biodiversity, clean water and air. In a landmark agreement between the New Zealand Government and the Iwi people, the Whanganui River was granted legal personhood. The river and tributaries become a single entity—Te Awa Tupua—with legal rights and interests overseen by guardians, including an Iwi elder. Following on from the New Zealand agreement, the High Court in India granted legal personhood to the Ganges and Yamuna Rivers, appointing three State officials as guardians. The judges wrote, “Ganga and Yamuna provide spiritual and physical sustenance.”

    Wild law is the modern practice of an ancient knowledge that seeks to prevent us from wreaking our own destruction.

    Will we act in time?

    Our survival depends upon it.

  • Animal Justice MP Mark Pearson appalled by loss of green space for animals

    MEDIA RELEASE

    I congratulate the Total Environment Centre for undertaking their year-long project “SOS Green Spaces” which maps threatened spaces in 70 locations across Sydney with detailed information about local trees, native species, and resident action groups.

    The Baird and now Berejiklian Government is presiding over urban development on steroids. It will cause the destruction of vital areas of remnant habitat for rare and endangered animals and plants.

    It seems obvious to point out that vegetation clearing in these areas would leads directly to animal deaths through habitat loss and consequent starvation and exposure to predation. Clearing for development is the single most important factor in the decline of wildlife in the Sydney region.

    stuttering-frog-australia

    We are talking about a bio-region that contains endangered and vulnerable frog species, 54 vulnerable and 14 endangered bird species, 25 vulnerable and 3 endangered mammal species and 11 vulnerable and 2 endangered reptile species. In the forests of the sandstone plateau at least seven threatened ecological communities, 32 threatened resident animals and 100 threatened plant species are at risk of obliteration through development.

    Unchecked development along coastal green spaces also endangers 15 threatened aquatic animals and 27 threatened seabirds.

    leatherback-turtle

    We must also remember the importance of providing resting, feeding and nesting places for migratory birds that are struggling to survive the loss of habitat as they undertake their journeys around the world.

    Once a green space is gone, it’s gone forever and animals will disappear. It is a shocking legacy for our generation to bequeath to future generations who will rightly condemn our greed and short-sightedness.

    beach-stone-curlew-australia

  • Question Without Notice-Climate change increasing heat stress in cattle

    In the first week back to NSW Parliament for 2017 Mark questioned the Minister on what the government is doing to alleviate the suffering of heat stress in cattle.

    We know climate change is real, its happening, and while some argue the cause of climate change, the innocent animals are suffering. The root cause of this suffering is the exploitation and commodification of individual beings. As animal agriculture continues to expand, unaccountable to its adverse impacts, the planet and the animals that inhabit it will suffer.

    During the weeks leading up to this NSW suffered some of its highest temperatures on record. Cattle penned up in feed-lots and in dairies were greatly affected, in one of the worst cases reporting up to 40 dairy cows dying from heat related suffering. It is understood at least two other farms each suffered 15 or more deaths.

    HEAT STRESS IN CATTLE

    The Hon. MARK PEARSON: My question is directed to the Hon. Niall Blair, Minister for Primary Industries, Minister for Regional Water, and Minister for Trade and Industry.

    Given that the New South Wales Government recognises that climate change means that farmers will need to adjust to prolonged periods of high temperatures during the summer months, what steps is the Minister’s department taking to ensure that the recent prolonged suffering and death from heat stress of 40 dairy cattle at Shoalhaven does not become a regular occurrence in our paddocks and cattle and sheep feedlots, in particular where this occurred due to the failure to provide adequate shelter?

    The Hon. NIALL BLAIR: I thank the Hon. Mark Pearson for his question. I am sure that he had a good holiday, like the rest of us. He had plenty of time to fly his drone, no doubt. I hope he is well rested. I hear that he has not yet finished. I thank him for his question. I know that issues in relation to how stock handle extremes of temperature, including heat stress, is something that is managed by a lot of private businesses in our primary industries. In relation to the dairy that the Hon. Mark Pearson spoke about, I will take the question on notice and come back to him with a detailed answer. Given the nature of the question and given the timelines he spoke about, I am sure that there will be ongoing investigation. It would not be helpful for me to make comments while an investigation is being undertaken so I will take the question on notice and come back to him.

    Mr Jeremy Buckingham: Point of order: The question from the Hon. Mark Pearson clearly mentioned climate change, which is a very serious issue and an issue of interest to people across New South Wales as well as honourable members. So far the Minister has not mentioned climate change in his answer. It is pertinent. It is central to this issue, and I would ask that the President direct the Minister to be relevant to the question that was asked.

    The PRESIDENT: Order! I ask Mr Jeremy Buckingham to be seated. That is not a point of order by any stretch of the imagination. Mr Jeremy Buckingham should not use points of order as an opportunity to make debating points. The Minister was being generally relevant, and he will be heard in silence.

    The Hon. NIALL BLAIR: Before I take this question on notice and come back to the Hon. Mark Pearson I just make the observation that any person who would use the death of stock like this as some sort of political stunt in this Chamber, as Mr Jeremy Buckingham has just done, is an absolute disgrace. The Hon. Mark Pearson asked about—

    Mr Jeremy Buckingham: You’re a disgrace, mate. People are going to the wall and you won’t even say the words “climate change”. You’re a fool.

    The PRESIDENT: Order! I remind Mr Jeremy Buckingham that it was not my intention to call honourable members to order in this first question time. I ask that Mr Jeremy Buckingham allow the Minister to finish his answer in silence. The Minister has the call.

    The Hon. NIALL BLAIR: We all know that the Hon. Mark Pearson is passionate when it comes to animal welfare. He has asked a genuine question. I was showing the member’s question the respect that it deserved, and I was going through it and answering the substantive part of the question. The stunt that Mr Buckingham has just pulled is something that every member of this House should stand up and condemn him for.

    Mr Jeremy Buckingham: You pulled the stunt, Mate.

    The Hon. NIALL BLAIR: To use the death of stock and the loss of livelihood of a primary producer for a political stunt on climate change is nothing but a disgrace. If the rest of his colleagues had the respect to come to question time and to actually sit through this then I am sure they would be absolutely disgusted as well. He is a disgrace—using an unrelated topic to make a point like this.

    Mr Jeremy Buckingham: They are disgusted by you, mate. Thousands are farmers are going to the wall. The Minister is an absolute dinosaur and a fool.

    The PRESIDENT: Order! I will not tolerate Government Ministers, Government members, Opposition members or crossbench members yelling at each other across the table. It is clearly disorderly. It is not something that I will accept. I ask that the Minister direct his answer through the Chair. Does the Minister have anything further to add?

    The Hon. NIALL BLAIR: Getting back to the substantive part of the question, I thank the Hon. Mark Pearson for his question. I will take it on notice and come back to him with as much information as possible in due course.

  • When is a pig effluent spill on a public road acceptable?

    For all the government’s talk about biosecurity and environmental protections, it seems that the Minister overseeing such areas of compliance is not even aware of major breeches involving trucks overflowing with pig effluent being spilled on public roads. Not only is he not aware but also seems to think the issue has something to do with the roads Minister.

    Last year this same Minister rammed through attempted ag-gag legislation under the guise of biosecurity. Biosecurity is a serious issue, yet it seems piggery owners transporting pig waste from their intensive piggeries and then spilling effluent on public roads is acceptable, well acceptable enough for the Minister not to be aware of this ongoing issue. Watch my question to the Minister and his attempted answer, in which, not only does he not seek to investigate the incidents but seeks to give a pat on the back to the piggery owner in question.

    The Hon. MARK PEARSON:  There have been a number of complaints to Hilltops Council from Harden residents concerning the frequent spilling of animal effluent on the public roads from Blantyre Farms piggery. Residents have had difficulty obtaining accurate information about these spills given that industry is only required to “self report” problems concerning the transport and disposal of animal waste off site.

    What steps has the Minister’s department taken to investigate whether Blantyre Farms has failed to discharge a biosecurity duty under section 23 of the Biosecurity Act 2015?

    The Hon. NIALL BLAIR: I certainly draw no correlation between the question in relation to pig excrement and the last day of Parliament for the year. I will take the opportunity to welcome also the Hon. Rick Ball who has chaired one of our local land services [LLSs] here in New South Wales. Good to see him in the Chamber. I will take the question on notice because I know that there was an element of the question that directly related to my portfolio from a biosecurity point of view. But this issue also relates to local government, and the Hon. Duncan Gay’s portfolio in relation to road transport. Some of the things that I know the Hon. Duncan Gay has been working on with local government and the Department of Primary Industries are the issues of truck washes. It is certainly something that we are attuned to, it is something that is not isolated to one part of the State and it is something that we want to make sure is as practical as possible.

    We know that it is one thing to have fantastic producers, it is one thing to have fantastic growing conditions here in this State, but it is also vitally important to make sure we allow those producers to get their livestock transported easily throughout New South Wales. That is one of the reasons why the Hon Duncan Gay has put so much work into his pinch points and Bridges for the Bush program, to make sure we unlock some of those pinch points and not put extra costs or burdens on to our producers to be able to transport commodities like livestock, whether it is to saleyards, processing facilities or within different farms. To get a holistic answer, particularly in relation to biosecurity and my portfolio, I will take the question on notice and come back to the member.

  • 23/03/2016: Debate speech to Greens Climate Change Bill

    In the ensuing debate around climate change, emissions and human impacts that took part in reference to the Greens Climate Change Bill, all ignored the cow in the room, that is animal agriculture. Whilst I and the Animal Justice Party acknowledge the devastating impacts as a result of fossil fuels, we think it is somewhat convenient that animal agriculture is omitted from the debate. Is it easier to force government and industry to change than to change our own habits? In my speech I didn’t feel the need to address the common enemies but to challenge those that believe in climate change to acknowledge the impact of animal agriculture and hopefully change their lifestyle to suit.

    Google ‘meat and climate change’ or ‘diet and climate change’ and countless articles supporting this pop up, the UN acknowledges it and here in Australia it is the hot topic. When we have 29 million cattle, 72 million sheep and just 23 million people, our accumulated climate impact is right up there with France, with its 66 million people. It’s not always the human population that determines a country’s environmental impact.

    Read my speech below and for the full debate go HERE

    The Hon. MARK PEARSON: The Animal Justice Party supports the Climate Change Bill 2015. I congratulate Ms Jan Barham and her staff on all the work that has gone into this bill. The Animal Justice Party will support the Opposition’s amendment to refer this bill to the relevant committee. In December 2015 the landmark climate conference in Paris found that animal agriculture contributes more to global warming than the transport system around the world, so it is important to take this issue on board. Thirty-eight years ago Russian scientist Vladimir Nesterenko publicly stated that the death of frogs in the Himalayan mountains was a measure of climate and atmosphere crisis. Frogs have a membrane that measures in the most sensitive way any changes to the environment. Vladimir Nesterenko was a visionary scientist.

    We are now seeing the consequences of his prediction. It is important to look at the chain of events that led to animal agriculture. We clear old growth forest to grow grain with a lot of water, the grain is then harvested and transported long distances creating further emissions, it is stored in silos and from those silos transported to feedlots that practise intensive farming such as cattle, piggeries, battery hen facilities and other livestock. That then creates massive effluent pools. It is clear that the movement towards animal agriculture on such a major scale around the world is, as the Paris conference finding states, contributing more to global warming than the transport system around the world, which is quite a statement. It is irrelevant whether climate change is due to a natural change in the universe caused by the movement of the sun and earth or is directly related to human kind’s activities or a combination of the two—which the Animal Justice Party says is the case.

    What is relevant is that the human species is capable of bringing change, grappling with problems and crises and can contribute to reducing global warming. What is clear is that we have to support a move towards a plant-based diet. While we push animal agriculture into China and other Asian countries we are striking at and feeding the fundamental problems contributing to global warming. The Animal Justice Party supports this bill but will also support the Opposition’s amendment to send the bill to the relevant committee. The Animal Justice Party will push for terms of reference to include an analysis of the animal agriculture industry and its contribution to global warming. I commend the bill to the House. I commend the Opposition’s amendment to refer the bill to the relevant committee.

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