King John prevented his subjects using the rivers, forests and the fauna for their sustenance. That particular despot is long gone, replaced with green bureaucrats restricting access to the tools of production and commerce that are the very foundation of prosperity. It is past time they, too, were brought to heel.
Citizens of Western democracies accept that the state, via its law-making and -enforcement processes, is charged with deterring and punishing criminal activity — a category in which theft and extortion most definitely figure. But who holds the state to account when it makes those crimes its stock in trade? Numerous recent events lead me to believe that, if justic is to be served, it should be possible to sue the state and its officers for the felony of “extortion”. Bear with me as I explain, first by detailing the essence of those particular crimes.
The noun “extortion” is defined as oppressive or illegal exaction — the obtaining of money or goods under colour of office being one manifestation. Bear that in mind as you look back to 2002, when the last big drought was dragging on and there was insufficient water for NSW irrigators to grow their crops. The state hounded those food producers, flinging charges of water wastage and environmental damage. Low river flows were said to be their fault even when they had no access to water from those same rivers. It wasn’t long before the state took 15% of entitlements from irrigators with general security licenses and 5% of entitlements from irrigators with high security licenses. No compensation has ever been paid, and promised reviews of those edicts have not eventuated. Those hardest hit, the folk who produce our food, had a basic input to their businesses exacted by the state without compensation. Surely that is extortion.
Not satisfied with this abuse of power, the NSW government next legislated to introduce water-delivery charges, regardless of the its ability to actually deliver that water as and when required. These charges apply not just to the remaining 85% of irrigators’ entitlements, but also to the 15% resumed by the state. Yes, the state is actually charging irrigators for water it has exacted and is now asininely flushing to the sea. Al Capone’s business plan and methods cannot hold a candle to such brazen theft! How long before we are paying for the air we breathe?
Not content with allowing NSW to humble regional communities by removing basic inputs to production and forcing higher costs on all producers and manufacturers, Malcom Turnbull — then the relevant minister under John Howard — introduced the Water Act. This legislation, later passed by the Rudd government, has led to further extortion in relation to water for productive use and clearly contravenes Section 100 of our Constitution:
The Commonwealth shall not, by any law or regulation of trade, commerce, abridge the right of a State or of the residents therein to the reasonable use of the waters of the rivers for conservation and irrigation.
This Commonwealth legislation spawned the Murray Darling Basin Plan, which gave Canberra bureaucrats the right to buy irrigation entitlements from license holders across the Murray-Darling Basin. At that time, many irrigators were in dire financial straits, with no crop income for several years because of the drought. Many had to borrow to pay water charges, as detailed above, while others, desperate to care for their families, sold their entitlements to the Commonwealth.