« July 2008 »
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
Entries by Topic
All topics  «
about editor
aust govt
big media
contact us
donations to SAM
election nsw 2007
election Oz 2007
free SAM content
human rights
independent media
local news
nsw govt
nuke threats
publish a story
zero waste
Blog Tools
Edit your Blog
Build a Blog
RSS Feed
View Profile
official indymedia
ecology action Australia
ecology action
Advertise on SAM
details for advertisers
You are not logged in. Log in

sydney alternative media - non-profit community independent trustworthy
Friday, 18 July 2008
Coca Cola water bottling case: Letter to expert evidence "gatekeepers" re science of Sydney sandstone
Mood:  a-ok
Topic: legal

Picture: (above and below) Article on Livio Pace with whom Coca Cola Amatil happily did business. In the mid 90ies Gosford City Council Lawyers Donnellan & Co advised (we have the copies) that Pace illegally constructed a water bottling operation at Peats Ridge Springs - shed in the wrong location, bores allegedly too close to a waterway etc. The "springs" on the site have long gone and are accessed by bores as the complex sandstone aquifer plummets. By 2002  the water licences from the State Govt for Pace's controversial site were found to be for the wrong property (we have the govt letter admitting this) due to mere "administrative error". Whether for reasons of delay, poorly argued, insufficient scientific knowledge or otherwise the Pace operation was legally ratified by the Land & Environment Court by the late 90ies which has a discretion in such matters. According to one local Mr Pace, who is not adverse to making political donations (said to be $10K in one case),  in true schoolboy 'cowboy' style, and with no concern for the once healthy waterway now drives a red Ferrari courtesy one presumes of the cash from Coca Cola for his water bottling business. Coca Cola of course has the famously red logo as above.







Sent: Friday, July 18, 2008 9:01 AM
Subject: Peats Ridge drilling records, Adj Prof Marshall model of multiple narrow aquifers for CAE Lane due 21 July 08

Dear solicitors for Gosford City Council (Robert), Coca Cola Amatil (Yvonne),
Re Coca Cola Water Bottling Plant at Peats Ridge 'Springs' application to LEC to delete 2 year trial clause
We refer to previous correspondence.
We submit the following web linked documents of the science of the Sydney Sandstone multiple complex aquifers for the  Court Appointed Expert Lane, which as you can see we also submit by the same device into 'the court of public opinion' by the world wide web (27,000 readers per month on June 08 figures):
We understand this is only 1 working day before the report is due 21st July 2008 which is of course why we requested an extension of the timetable by a week at the start of this week. We notice from the documents relating to the trigger case that then lawyer for Azzopardi, Nicholas Brunton was in direct correspondence to anthony.lane@laneconsulting.com.au but that in this proceedings Justice Pain has said GCC must be the "gatekeeper" and as agent for Diamond I will respect that comment of the court to forward material through GCC only.
We can honestly say this document only became known to us at the bottom of literally 2 feet of background documents last night 17th July 2008, as provided to us last Saturday by Mangrove Mountain District Community Group Inc. We note your view that an application to the court for slippage is a matter for us. Even so we do not seek to run the gauntlet of a costs order against us loaded up with the costs of the GCC and CCA expensive barristers and lawyers.
But we make the submission to you direct all the same as is our legal right. We note GCC solicitor has indicated that in theory they would not support or oppose such a request for extension for evidence for community evidence for CAE Lane while CCA have written to say they would oppose an extension. Hence our reluctance to test an extension under duress of costs of Coca Cola Amatil and its unlimited legal budget.
Even so we feel ethically obliged both to the court and the public interest to submit the drilling records of Mr Islet within the context of the thesis of such as adjunct professor Dr Brian Marshall as to the complex, narrow multiple aquifers of the Mangrove Mountain (and indeed Blue Mountains) geology known collectively as the Sydney Sandstone substrate.
Further we expect to file evidence in relation to two new consent conditions re ban on bulk export, and rehab of the water way, admissable at law given the wholistic structure of the court ordered consent condition clause 1 which includes the trial sub clause sought to be deleted by the Applicant Kettle as agent for Coca Cola Amatil.
Lastly in addition we are collating our information for a submission to the ACCC over what we view as a systemic misrepresentation of Peats Ridge 'Springs' product which is in fact bore water as best we understand and not spring water the business operation of Coca Cola Amatil there. We will rely on the ACCC's good officers to resolve that concern in the usual way.
Please do not hesitate to contact the writer on tel. 02-9558 9551 or 0410 558838. Thanking you for your attention.
Yours truly
Tom McLoughlin, agent for intervenor Diamond.
CC community stakeholders Mangrove Mountain District Community Group Inc, supporters

Media Release from Ian Cohen MLC

21st May 2008

NSW Government joins in Coca Cola greenwash

Coca Cola Amatil are drawing on the aquifer at Mangrove Mountain, however the company state that the percentage of the resource they are directly
responsible for extracting is 1 – 2% of the total water allocation.
Please note also that Coca Cola’s bottling ratio for water production
is 1.3 litres of water to make 1 finished litre of bottled water. Our
initial release claimed incorrectly that Coca Cola use 2.4 litres in the
bottling process to produce 1 litre of water. The 2.4 litre figure cited
in our original release refers to an analysis of the consumption of
bottled water over the product’s life, conducted by National Campaign
Coordinator for the Boomerang Alliance, Dave West. This figure refers to
water consumed in the packaging, production and disposal of the

The Minister for Emergency Services and Water - Nathan Rees – has
taken time out of his schedule to visit Coca Cola - a major donor - and
present them with a 5-star rating for water management.

“It’s quite ironic that Coca Cola have been given recognition for
water efficiency at one of their plants in Sydney yesterday. An analysis
of the consumption of bottled water over the product’s life, reveals
that at least 2.4 litres of water is used for every litre of bottled
water consumed,” said Upper House Greens MP Ian Cohen.

“The Department of Environment and Climate Change – of which Nathan
Rees was temporarily the Minister for – banned bottled water use
within their department at the end of last year citing the environmental
costs of production, transportation, refrigeration and disposal.

“DECC calculated that about 200ml of oil is used to produce each
litre bottle of water, including in the plastic, transportation and
refrigeration. More than 60,000 tonnes of greenhouse gas emissions enter
the atmosphere each year from the consumption of 250 million litres of
bottled water in Australia – equivalent to the emissions from 13,000

“Clean Up Australia claim that 2.7 million tonnes of plastic are used
to bottle water around the world annually and that Australians buy
118,000 tonnes of plastic drink bottles a year but only recycle 35 per
cent of them. Thanks in part to Coca Cola’s ongoing opposition to
Container Deposit Legislation, the remaining 76,700 tonnes either goes
to landfill or ends up as litter.

“Dave West from the Boomerang Alliance says that drinking tap water
instead of bottled for just one year, will produce 75% less waste,
consume 85% less energy and will reduce water consumption by 58%.

Ian Cohen recently called for a moratorium on all political donations
from beverage companies, particularly whilst a national review of the
viability of a container deposit scheme is underway. Coca Cola have
donated over $900,000 to the ALP over the last nine years.

“Voluntary waste management schemes have consistently failed to
achieve targets for recycling and resource recovery. It’s time for
container deposit legislation,” said Mr Cohen.

Posted by editor at 11:16 AM NZT
Updated: Sunday, 20 July 2008 1:40 PM NZT

View Latest Entries