Saturday 19 August 2017

Compliance with the Law !

An emotive issue has arisen over a law change making its way through the New South Wales parliament.  A new native vegetation clearing code for farms is set to replace a rather draconian ordinance that refused the rights of farmers to cut down any trees in almost any circumstances.  This was leading to serious acrimony between farmers and the environment compliance officers tasked with policing it.

This came to a head on a property at Croppa Creek near Tamworth when a compliance officer confronted an elderly farmer who had been illegally clearing a part of his farm.  This animosity boiled over when the farmer produced a rifle and calmly and deliberately stalked and shot the compliance officer, causing his death.  The farmer was charged with murder and  convicted and sentenced to a thirty-five year prison sentence.  He died in custody the following year.

The family of the slain compliance officer have protested at this law change because it would make legal the action that farmer had taken in clearing his property.  The family feel that this disrespects the loss of life of the compliance officer in doing his duty and diminishes the value of his life.

Whilst being understandable, that is not a valid argument. Police and other officials tasked with upholding the law do so because that is the form of law and order we have chosen as our form of government.  In many cases, such officers may personally disagree with the law as it stands, but they are obliged to take action to force compliance with that law.   Law change is constant and all laws are subject to review and possible change.

The NSW parliament has seen fit to hand back to farmers the decision process on land clearing.  In many cases, existing farms comprise many acres under cultivation and a portion of timbered and uncleared land which is unproductive.  To increase farm income farmers wish to clear this land to plant more crops or to make it productive pasture to feed more sheep or cattle.   There is also value in selling the timber from the trees to a local sawmill.

This will certainly be controversial.  To slow global warming we need to reduce the amount of C02 in the air and trees are important in sequestering that gas.  But we are also facing a world food shortage as the world population heads towards ten billion.  Then there is the issue of protecting Australian wildlife and its habitat for future generations.  Getting the balance right is certain to annoy a lot of people on both sides of this argument.

What is not controversial is the right of all forms of compliance officers to safely do their job and that ranges to parking police slapping fines under the windscreens of cars to the myriad ordinance people who administer council by-laws - to the police who carry firearms.   We are a civilized society.  It would be a mistake to judge the action of the deranged as reason for refusing to change the law.  We have only to look to the distant past to see that the law is an ever changing thing !

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