Should NSW Farmers plough ahead now with legal case against the Narrabri gas project?
That’s the key question for its members at an Extraordinary General Meeting (EGM) on 4 March ahead of the Association’s Executive Council Meeting.
In what has been described as a ‘weird’ and ‘dumb’ move by some former NSW Farmers Board members, President Xavier Martin is backing a resolution seeking support from Members to invest in the case.
Board Members Bronwyn Petrie, a Tenterfield cattle and timber producer (and the Mayor of Tenterfield), and Riverina farmer Glen Andreazza, are putting up the resolution, which is not being supported by six members of the nine-member Board.
The motion reads: ‘That members support the Board to invest up to 1% of the Association’s financial resources in seeking to protect groundwater, including but not limited to the Great Artesian Basin and other aquifers in NSW.’
That 1% equates to about $1 million to invest in legal counsel on case against the Santos Narrabri gas project, which NSW Farmers announced they had engaged in November last year.
Those Board members voting against it say they support the sentiment of the resolution, namely the importance of protecting groundwater resources. However, they do not support the resolution due to a lack of due diligence, risk of high legal costs, and that an EGM is unwarranted as the board had already resolved to take action.
NSW Farmers President Xavier Martin said it is warranted based on member feedback about the urgency of acting on the Narrabri Gas Project as a precedent for protection of water resources.
“A few months after our annual conference last year, I started hearing state Premiers and the Prime Minister starting to talk about land acquisitions for the Narrabri project pipeline,” Mr Martin said.
“Members were hearing the same. As President, members were telling me that it was clear that something urgent was occurring and that multiple governments were going to extract water to release gas.”
“NSW Farmers prides itself on being a grass roots organisation. The one way we can make sure we are truly representing the views of all our members is to ask them.”
“The resolution is asking for guidance from our members on defending groundwater. The result won’t be binding on the Board or Executive Council, but I am sure the guidance will have an influence on what is done.”
“This case is about protecting our aquifers and groundwater across the state, including the coastal regions where members are telling us about lots of issues with groundwater and surface water.”
Moree farmer and former board member Oscar Pearse is a vocal opponent of the Narrabri Gas Project but will vote against the resolution.
“It is very weird to have this sort of thing done via an EGM,” Mr Pearse said.
“The Board can’t make a decision on this until it sees a prospect of success, whether the EGM motion passes or not.”
A ‘prospect of success’ is a strategic advice memo prepared by lawyers before proceeding to court to enable potential litigants to make an informed decision about whether to proceed with the case.
“My understanding is that the NSW Farmers Board is doing its due diligence and looking into alliance building, so again the EGM will do nothing. The Board has already requested a prospect of success, and that is being drawn up. That is one thing that is required to make and application to the Australian Farmers Fighting Fund.”
Established in 1985, the Australian Farmers’ Fighting Fund (AFFF) provides funding for nationally significant legal cases that defend farmers’ way of life. The AFFF’s legal team is currently embroiled a long-running class action over the Gillard Government’s 2011 suspension of cattle exports to Indonesia.
“[The EGM] is only dividing people who want to see action in protecting farmland and water assets,” Mr Pearse said.
“The only force and effect from an EGM on this kind of resolution is nothing more than a recommendation.”
Mr Pearse said the same recommendation could be achieved through a member poll at the NSW Farmers Executive Council meeting being held the following day.
“I am very much against the Project, but I will be voting against the resolution because I want the Board to do it properly. The EGM is asking to do it a rush which would only lead to a swing and a miss.”
“I don’t doubt the sincerity of the President and board members that are pushing this, but it’s risking a failure. A failure on this would set a devastating precedent for farming communities.”
“You need incredible resources to take on the likes of Santos. One million bucks is not going to get you much of a court case.”
Mr Pearse supports NSW Farmers taking on a strong lead on protecting water resources but says the organisation can’t do it alone.
“It’s going to take alliance of other groups interested in protecting aquifers, cultural heritage and the environment and those opposed to gas expansion.”
“Environmental groups like the ACF have techinical skills that could help the cause.”
Mr Pearse is opposed to the Narrabri Gas Project due to the risk of damage to the Great Artesian Basin and its aquifers and a long-term business model that he says cares little for sustainable food production or the environment.
“Regardless of which side you are on this EGM, it’s a clear and strong message from Members that action has got to be taken.”
“There is not a single member that I know who supports this gas project. The division is about timing and when best to take it on.”
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