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Price Range: $376,990 - $498,210
Sqft Range: 1,844 - 3,090 ft2
Beds Range: 3 - 4
Baths Range: 3 - 4
City: Carrollton
Community Details for Castle Hills - Southwest 41s by American Legend Homes
American Legend Homes invites you to build your new home in Castle Hills Southwest in Carrollton!. Homebuyers can choose from a beautiful array of floor plans available on 41-foot and 50-foot wide home lots. New homes range from 1,844 - 4,000 square feet with the option to personalize design features such as flooring, cabinetry, countertops and more at American Legend Homes' very own Design Gallery. As the newest neighborhood in this long-standing master-planned community, Castle Hills Southwest gives homebuyers the chance to build a new home in one of the best neighborhoods that Castle Hills has to offer. With an onsite park, playground and play field, Castle Hills Southwest is located in a prime location in Carrollton, east of Old Denton Road between Windhaven Parkway and King Arthur Boulevard.


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There are some actions that can often be interpreted as an open invitation for communication. For instance, you can stand on a street corner for hours and nobody will talk to you, but if you stand there reading a map someone will probably approach you within minutes to ask if you are lost. Walking a cute dog has similar effects- people barely even glance at me if I am just walking around by myself, but I used to have a roommate who had a dog that I would take for walks, and on those walks it seemed like people couldn't help but to talk to me.
Entering the world with a movie camera is also a similar action, but in a different sort of way. Having a camera and filming something makes the statement that you are interested, and many attention starved people see that as an opportunity to tell you why you should be interested in them. Sometimes they are just really lonely, sometimes they're just really drunk, and sometimes they are totally creepy. But often times they are truly interesting, or at least truly weird in the good sort of way. Like an 80-year-old guy named Easton DeHart I meet in Houma, Louisiana a couple years when I was down there shooting my doc 'American Nutria'. Easton was a retired marine who now served as the town's Alligator Nuisance wrangler. He was known as the "Alligator Man" and if you ever woke up one morning and found an alligator in your swimming pool, Easton was the man you would call. I met him while I was filming some trappers trap Nutria, and he invited me to spend a day with him looking for alligators. We checked the sewage treatment plant, the city dump, and all the places he regularly gets called to go to. We never actually found any alligators, but he talked all day about how you catch them and what you do with them after you catch them. He was an 80 year old who seemed more like a 13 year old, and I almost decided to just make a movie about him and forget about the Nutria.
But anyhow, here I am now out in Eastern Oregon, driving around in search of the perfect ghost town. This morning I stopped in a little town called Hardman, which was a bustling farming town in the late 1800s but today has more abandoned buildings than residents. There are four very old store-front type buildings on the main street, three of which have nearly caved in on themselves while the forth has had just enough renovation to keep it standing and serve as an occasional community center. There are probably twenty houses, half of which are abandoned and decayed beyond the point of return, and I'll guess that there are about 20 residents or so still living in the town.
I parked the Red Baron and got out to look around. It was a little creepy – the town felt completely vacant, but a few of the houses and trailers clearly looked lived in, even though they were in really bad shape. It was hard to tell what was a driveway and what was a public street, and it felt like I just stepped into an episode of The Twilight Zone.
The quiet morning was broken by a couple dogs that started barking at me, so I figured I might as well just reveal myself and set up the tripod and let anyone who cared know that I was just some city slicker with a fancy camera here to take some pictures. I'm sure they've seen the likes of me before, as these old weathered buildings attract guys like me the same way bees are attracted to BBQ sauce. I walked around and set up for a couple different shots and started to feel more comfortable when suddenly I heard someone calling out from just behind me. I turned around and saw a little old man in the yard behind me motioning to me to come closer. It was pretty windy and hard to hear what he was saying, but it was apparent he wanted me to come in. I walked through the gate and he started talking about how he'd bet me 100 nickels that he had something that 'I ain't ever seen before' and that I needed to come in his house to check out the wood burning stove in his bathroom. I followed him inside the old, poorly maintained house, and sure enough there was a wood-burning stove in his bathroom. It was true that I had never seen a wood-burning stove in a bathroom before, or if I had I certainly hadn't thought about it. The old man introduced himself as Mel, and while it was very difficult to understand what he was saying I made out that he was 74 years old and had lived in Hardman for the past thirty some years. He spoke in a loud, almost shouting voice, and then as if he had been reading my blog, he told me that Hardman was a ghost town, and since he lived there that made him a ghost. I told him that in that case I better take his picture.
I wasn't sure, but he seemed to be speaking in rhyme, or at least have little poetic outbursts that ended like songs. He motioned me to follow him into the living room where he wanted to show me a picture of himself when he was younger, so I followed him into the living room where a Fear Factor re-run was playing on an old television set that was placed in front of an old tattered couch. The TV reception was bad, and on the wall behind the couch were several framed letters and pictures including a painted portrait of Mel wearing an Army helmet and looking about 30 years old. He talked about how he served in Korea, but then started talking about the time he worked at the animal shelter in Boardman (a bigger town probably 40 miles away). He seemed to be still talking in rhyme, almost like he was a 74-year-old version of Eminem, and by now I realized he was pretty drunk. He took his spot on the couch and filled up his glass with the last drops from a jug of Boones he had stashed under the coffee table while he explained how he preferred whiskey. Mel continued to point to things in his house, like a giant pair of bull horns mounted on the wall, and tell me all about them, but I could tell I needed to get out of there quick. Crazy old men who live out in the middle of nowhere are always really interesting, but if you let them talk long enough they'll often start to reveal a whole lot of information you just don't want to hear. Once the really bad sexist or racial epitaphs start flying I take that as my cue to get a move on.
I stayed for a few more minutes and then announced that I should hit the road. Mel wished me luck and told me to come back and visit again sometime. I shot a little more film in Hardman, but the high-noon sun was approaching and the light started getting a little too flat, so I fired up the ol' Red Barron and headed off towards the John Day river to make some lunch and maybe go for a plunge.
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At Lou Fusz Athletic, we host an array of tournaments, camps, training clinics, leagues, and other events for our youth sports
clubs. For more information on these types of events & programs please go to LouFuszSoccer.com or LouFuszLacrosse.com
to learn more about what our clubs offer. Some notable previous events from 2017 and upcoming in 2018 are listed below.
- Missouri High School Soccer Combine with special guest Landon Donovan 2018
- Lacrosse Skills Clinic with special guest Bruce Frady (UNC) 2018
- High School Boys Club-wide Tryouts 2017/18 season
- Back to Soccer: August 2017 (recap)
LFA x Elite Performance
We are happy to announce that we are working with Elite Performance Academy at our Training Center at Ramps Park.
They will be hosting training sessions with our youth players to improve strength and conditioning, speed and agility,
and reaction time on the field. More info coming soon.


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I love musical theater!! But good theater is so expensive. Last night, I sacrificed a chunk of change to see Les Mis at the Boston Opera House. Holy shit, this theater was incredible!! Below is the only picture I could snag before getting scolded by the usher.
The show was stunning and wonderfully epic! Unfortunately, our seats were so far away it was hard to see and hear, but nonetheless, it was amazing.
Jean Valjean and Bring Him Home were indescribable and the closing to Act I was everything I wanted it to be. Overall, it was a fabulous night of theater. If you're in the Boston area, GO! It's a great opportunity to get some culture as well as chance to be in the Opera House.


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Leaping to conclusions
Perhaps unavoidably, the technology press massively jumped the gun when the jurors read out their verdict on Friday. Many articles were written as if it was game over for Samsung and that Apple was victorious. However, it was obvious that Samsung would appeal this verdict. Judge Lucy Kho could still rule against Samsung and envoke the law which awards triple damanges to Apple to make an example of Samsung for presenting what she sees as a bad case, or invoke rule "50(b)" which allows the jury's decision to be dismissed based on "judgement as a matter of law" (JMOL). There are grounds for the latter - in this excellent Groklaw summary, there is reference to a Reuters interview with a jury foreman which suggests the jury did not follow the instructions on non-punative damages.
"We wanted to make sure the message we sent was not just a slap on the wrist," Hogan said. "We wanted to make sure it was sufficiently high to be painful, but not unreasonable."
While Apple's objective is clearly to mortally wound Android - the current verdict is far from achieving that as the infringments in question mostly relate to Samsung designs, and there is a chance that the case will go into the long process of appeals before it is upheld, if at all.
Image credit - Samsung Galaxy S2 vs iPhone 4
What's all the fighting about anyway?
The big picture view to take of the ruling is whether the patents actually relate to anything within the core of Android, and so let's state for the record the three software patents that Apple claimed were infringed:
- Patent '381 – Bounce Back. As the user scrolls to the top or bottom of a page, it will continue a short distance and then 'bounce back' into place.
- Patent '915 – Single Scroll and Pinch to Zoom. As the name implies this covers scrolling pages or photos with a single finger, and then using the two finger gesture of pinching and stretching to zoom in and out.
- Patent '163 – Tap to Zoom. This feature allows the user to tap the screen twice to zoom in and out
As reported on The Verge, Google has finally responded to the case and stated that 'most' of the patents do not relate to the core Android operating system:
The court of appeals will review both infringement and the validity of the patent claims. Most of these don't relate to the core Android operating system, and several are being re-examined by the US Patent Office. The mobile industry is moving fast and all players — including newcomers — are building upon ideas that have been around for decades. We work with our partners to give consumers innovative and affordable products, and we don't want anything to limit that.
If Apple's court victory is found to be safe, it is far from the thermonuclear destruction that Steve Jobs wanted – only the design choices of one OEM [Samsung] will have been affected. I'm sure other OEMs will already be reviewing their Android customisations and pushing firmware updates to remove any offending material as soon as they can – which might not actually be that quick given the bottleneck that mobile networks cause for firmware updates.
As long as Apple only litigates against design choices and not the core operating system, OEMs will not be scared off from a cash-cow like Android. It simply doesn't make business sense to give up on a product that sells so well when litigation can be avoided by making aesthetic alterations.
Implications for Windows Phone
Even though Windows Phone 7.5 uses all of the software behaviours listed in the above patents, there will be no litigation between Apple and Microsoft. Apple submitted evidence to the court that it has a cross licencing agreement with Microsoft – subject to an undefined "No Cloning" agreement. As reported in ReadWriteWeb:
But the patents came with a major catch: an anti-cloning stipulation. "There's a clear acknowledgement that there is no cloning as part of this provision," Teksler said, according to the Journal. "There was no right with respect to these design patents to build clones of any type," Teksler said, Reuters added. [ …] Unfortunately, the court (and therefore the world) was not told what patents Microsoft has access to, and how exactly Microsoft was barred from using the exact technology it licensed.
It would seem reasonable to assume that Microsoft has done its due diligence and created Windows Phone without infringing Apple, and thus has clearance to use the aforementioned features. Indeed, a Lumia device was used as an exhibit in court by an Apple lawyer, reported by The Verge:
"Not every smartphone needs to look like an iPhone." Showing the Lumia, and an Xperia Arc.
Therefore, we can be confident of two things:
- Apple and Microsoft will not be going to court over Windows Phone 7 and 8.
- Android OEMs will not be scared away from the platform, provided that Google can reassure them the core operating system does not infringe on Apple patents.
One interesting potential corollary was put forward on ReadWriteWeb is that if Google itself does not infringe on iOS, then Google has a stronger argument to put to Android OEMs that they should restrain their customisations and make their devices more like Google Nexus devices - i.e. keep the user experience closer to the pure Google devices. This in turn could make operating in the Android space much closer to what OEMs find in the Windows Phone world, where Microsoft has strict limits on how OEMs can differentiate their devices from competitors.
Even if this is to become the case, Android still has a huge amount of momentum behind it, and so the only way OEMs would meaningfully go with Windows Phone in favour of Android is if they can find they can sell devices with much greater margins (e.g. like Apple) - which goes against Microsoft's and Nokia's drive to compete with Android in the low-end of the smartphone market, were devices are commodotised.
Nokia Share Prices
Therefore, ladies and gentlemen, it would appear that this massively hyped litigation will have little effect on the adoption of Windows Phone 8. Despite this, Nokia's share price has risen by 12% from July 23rd to 27th as investors perceive Windows Phone as a safer bet.


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If you want to learn more about Chief Rohrer, here's a good article from Tom Jackman at the Washington Post. When Fairfax County Police Chief David M. Rohrer was promoted to Chief, his fellow officers praised him as a "cops cop."
We understand that in the entire history of the police department, the Fairfax County Board of Supervisors has never hired a Chief from outside of the department. We think this is a little inbred and creates a culture that makes it very difficult to have any confidence that this department will ever be capable of investigating itself.
The heads of the Bureaus of Internal Affairs and Criminal Investigations both report to the Chief. The Chief is a 25 year veteran of the department. The still officially unnamed officer who shot and killed our son Sal is a 17 year veteran of the department. It is difficult to have confidence that Chief Rohrer is capable of directing and overseeing investigations fairly and impartially when in the same breadth of expressing condolences to our family, he said this.
Tell Chief Rohrer what you think.
Proud Parents of Salvatore J. Culosi


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The title, though clever, is quite misleading. From 'Body Language' one would expect a treatment of how people unintentionally send subliminal nonverbal messages to one another through body position and movement. This is, in remote sense, what the book is about, but more specifically it advances a highly technical externalist theory of representation, according to which a certain category of activities, which Mark Rowlands calls deeds, represent states of the world. So the claim is that representation is not confined to internal mental states representing external things and events. The scope of the argument is not to claim that all representation is performed by such deeds, but only that the existence of representation by deeds entails that the standard mentalist model of representation does not apply universally.
Rowlands' target is the view that representation consists in a relation, supplied by an interpretation, between a passive internal mental token and an external item in the world. He assumes that linguistic representation provides the model for this view and that people adopt it because they mistakenly assimilate mental to linguistic representation. (This dubious claim is fortunately quite peripheral to the central argument.) Against what he takes to be this standard internalist model of representation, Rowlands follows thinkers from J.J. Gibson to Susan Hurley to Alva Noe and assumes that an externalist model of representation is more likely to be true: representing can take place out in the environment--not just in the mind, and the vehicles of such representing can be physical activities, not just words or mental states. Rowlands chief contribution to the on-going discussion is to identify a class of activities he calls deeds to be the vehicles of such external representing. The detail with which he describes deeds and the psychological research he calls on to analyze them mark a significant advance in the field.
Unfortunately, most of Rowlands' detailed examples of deeds are taken from the game of cricket, depriving his North American readers of the explanatory economy that comes from citing examples with whose features they will be antecedently familiar. Since countless examples of deeds outside of cricket come readily to mind, Rowlands' one-note song quickly grows tiresome, leading the reader to question his imagination and his editors' diligence. The charm of the exotic for North American readers pales as quickly as it would for British readers of a book most of whose detailed examples came from American football.
When a person does something intentionally, e.g., walks from her house to a bus stop, her action can be broken down into many sub-personal sub-events, e.g., lifting her right foot, swinging her right foot forward, shifting her weight to her right foot, lifting her left foot, etc., etc.--not to mention the activation of certain motor neurons, the contraction of certain muscles, etc. These sub-routines are not in most cases themselves intentionally or even consciously performed--they are not intentional actions in themselves at all--but they are done for a purpose the person who does them would endorse, e.g., walking from her house to the bus stop. They are neither full-blooded intentional actions themselves, nor are they pointless movements like squirming in one's chair. They are what Rowlands calls deeds.
Rowlands claims deeds can represent the world. He assumes that genuine representations must (1) carry informational content, (2) have a proper function, (3) be susceptible of misrepresentation, (4) be "decouplable" from their objects, and (5) be capable of novel combination with other representations. He then argues that deeds satisfy all these conditions. For example, in moving one's legs as one walks, one makes countless minute accommodations to the state of the surface on which one is walking.
1. These adjustments carry information about the state of the surface on which one is walking, e.g., whether it is uphill or downhill, whether there is a crack in the sidewalk, a tree root in one's way, etc.
2. The specific deeds involved in moving one's legs each has a function of moving the body from A to B, as well as integrating seamlessly with the other required leg movements.
3. A person can stumble, because a deed which was a component in the walking was a deed appropriate to a smooth surface, whereas the walker was actually faced by a crack in the sidewalk; the deed represented the sidewalk as smooth when it was actually cracked.
4. One can rehearse walking movements in the absence of walking, as physical therapy patients sometimes have to do.
5. The specific micro-movements--the deeds--of walking fit together to produce the continuous macro-movement of walking.
With the assumption of a broadly naturalistic, externalist concept of representation, Rowlands' ascription of representational status to deeds is convincing; without it, his analysis is question-begging. Rowlands' argument occurs in a context, the context of a discussion of those who adopt his externalist assumptions. But much of Body Language will not be new to those who share Rowlands' assumptions, because much of the book is uncritically derivative from other authors (e.g., Ruth Millikan). On the other hand, much of the exposition and argument will be too cursory to satisfy non-specialists or those who do not share his assumptions. In fact, Rowlands' contribution in focusing on deeds would have been more satisfactorily presented in an article than in a book.
© 2007 Robert Kimball
Robert Kimball, Ph.D. is Associate Professor and Chair of the Philosophy Department at the University of Louisville. He is also Co-Director of the University of Louisville's new Interdisciplinary M.A. in Bioethics and Medical Humanities.
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Whether it be sociotechnical controversy, societal engagement, foreseeing crises, CSR, applying precautionary principles, sustainable development or sensitive communication, Traces gets involved. Engaging in fields as varied as agriculture, nuclear, electromagnetic waves, pharmaceutical or agricultural chemical industries and the arts, Traces participates alongside professional unions, decision makers and communication managers from companies involved in activities that appear in the media or that are linked to science and technology.
Exercising democracy requires society to choose technologies and innovations, given their connection with tomorrow's world, based on the advantages and risks that they bring but assessed with regard to the values and requirements of the majority. Consequently, citizens are decreasingly inclined to accept scientific, technical and industrial communications designed with the sole purpose of justifying the technological choices imposed upon them without their voices being heard. (Richard-Emmanuel Eastes)


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Raghav Krishnapriyan
Email Raghav Download vCard 415-362-6666
B.A.S., University of California, Davis, Chemistry and Economics, 2007
J.D., University of California, Berkeley, School of Law, 2010
Raghav's firm conviction is that disputes involving technology, no matter how complex, can and should be made understandable to intelligent non-specialists. As the only one in his middle school who ran Linux at home, he got plenty of practice honing this skill with family and friends; following law school, he put the same skill to use with judges and juries while representing technology companies through trial and appeal in the federal courts and before the International Trade Commission. He has worked on cases involving WiFi technology, liquid crystal displays, and compilers.
Prior to joining Durie Tangri, Raghav was an associate at Kirkland & Ellis LLP, and clerked for the Honorable James Donato of the United States District Court for the Northern District of California and the Honorable Jane Kelly of the United States Court of Appeals for the Eighth Circuit.
Outside of work, Raghav reads Yiddish literature in the original, plays table tennis, and tries to do his bit for his pub quiz team.


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When I returned from InterVarsity Christian Fellowship's Graduate & Faculty Team Meetings, I found my family wanting me 24/7, at least for a few days 😉 In my brief moments of spare time, I picked up Wisdom Chaser: Finding My Father at 14,000 Feet (Nathan Foster. InterVarsity Press. 2010). In Wisdom Chaser, Nathan relates the story of his strained relationship with his famous father, i.e., Richard Foster, academic/teacher and author of several spiritual formation books including Celebration of Discipline. The below excerpt kept me turning the pages to find out how father-son reconciliation occurred through mountain top experiences.
As the years went by, it seemed I [Nathan] saw less and less of my father [Richard] and cared less and less about his absence. At some point I shifted from wanting him to be home, counting down the days to when he would return, and eagerly greeting him at the airport, to not knowing when he was gone or home and caring even less. As a child, I was proud of my dad. Hearing him speak to crowds filled me with excitement; perhaps he would mention my name, or tell a story about me, or in some way acknowledge his home life. At first I think I accepted that God was using my dad to help people. Later I felt mildly ambivalent about the fact that God seemed to need my dad. Somewhere along the way, my feelings shifted to embarrassment and anger that Dad had "holier work" to do. By thirteen I was filled with rage, and I shut down. — Wisdom Chaser: Finding My Father at 14,000 Feet (Nathan Foster. InterVarsity Press. 2010, p.29).
As you may guess there is much more to the story, such as Richard's experience as a youth with his family, writing habits, founding of Renovare', slow pace of life/climb … and Nathan's travels/thoughts through his teens & twenties. Now I'm no Richard or Nathan Foster, but with regard to my own travels and intense focus upon various tasks for ministry in higher education, I found the book convicting.
First responses which I made in my house …
- Included in our family's dinner devotions the discipline of asking each member of the family the best/worst part of the day
- Began reading Gary Schmidt's retelling of Pilgrims Progress (Eerdmans Press, 2008) chapter by chapter with the twins before bedtime … seeking to reinstate our sporadic bedtime readings.
- Declined a ministry invitation to preserve a time with family during a stretched summer.
- Cleared time to celebrate my wife Theresa's birthday (May 6) and fully attend to the family while she runs Susan G. Komen Race for the Cure (Pittsburgh, PA) with her mom.
First response with the Emerging Scholars Network …
Writing this post, which took much longer than I thought it would. Why? Much to talk about with regard to parent-child relationships and higher education (topic of some future posts). And because I took the time to soak in the great video of a recent conversation between Nathan and his father at Spring Arbor University, Spring Arbor, MI. Why was the conversation at Spring Arbor? Because Nathan's on faculty as an Assistant Professor of Social Work! Refreshing material. I'd encourage you to check out the clips, maybe show them as part of a campus discussion group and pass them along to others whom you think would find them of interest.
PS. Not only has Nathan not given up on following Christ, getting to know his father, serving in higher education, but also he's not given up on becoming a father himself. Nathan's married and has two children of his own.
PPS. InterVarsity Press has an excellent Question-Answer author interview (text) posted here.


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What is the function of pepsin in digestion?
Digestion occurs in all mammals, including human beings. There are multiple steps involved in the breaking down of food, each of which is related to specific digestive enzymes. Some of these are found in the mouth, while others are found in the intestines.
Pepsin is a material that has its own unique function in the digestion of food.
Pepsin is a digestive enzyme that is released in the stomach as pepsinogen. The release of hydrochloric acid stimulates the release of this basic form of pepsin. When pepsinogen is exposed to the hydrochloric acid in the stomach, the pepsinogen unfolds and breaks into pepsin.
The main function of pepsin is to break down proteins that are found in foods such as meat and eggs into smaller pieces (polypeptides). It breaks down proteins only at certain points, so the protein is not digested completely to the amino acid level. In order for that to occur, the food has to pass into the intestines, where other enzymes complete the digestion process.
One misconception that involves pepsin is the idea that hydrochloric acid is what breaks down food in the stomach. In reality, hydrochloric acid does two things. First, it changes the shape of the protein bonds---this is called denaturization. This leaves the protein bonds exposed. Secondly, hydrochloric acid causes pepsinogen to be transformed into pepsin. With the protein bonds exposed and a supply of pepsin present in the stomach, the proteins then can be broken into polypeptides. Hydrochloric acid thus promotes digestion but does not actually break down food proteins.
Antacids and Pepsin Function
Pepsin requires a low pH level in order to function. Antacids, however, raise the pH level of the gastric juices to a level that is not optimal for pepsin to work. Since pepsin is needed in order to break down proteins into polypeptides, those who take over-the-counter or prescription antacids actually may be doing more harm than good in that they may be hindering part of the digestive process. Additionally, it is thought that some food allergies are related to partially digested proteins passing through the intestinal wall. Since antacids decrease the effectiveness of pepsin, thereby increasing the number of partially digested proteins that can pass through to the intestine, it may be that antacids actually may increase the risk of food allergy development.
Pepsin was discovered in 1836 by Theodor Schwann. It was not crystallised until nearly a century later in 1929. When it finally was crystallised, the crystallisation was done by scientist John Northrop.


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Friday, March 6, 2009
Blast from the Past #85 repost: TMNT fight a robot
This is a group shot penciled by me and inked by Kevin -- twenty-five years ago! I like the "Magnus: Robot Fighter"-style eyes on the robot. (I was -- and still am -- a HUGE fan of Russ Manning's work on "Magnus". I mean, just take a look at the design of the Fugitoid!) -- PL
Labels: Blast from the Past, pinup, robot, TMNT
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Botanical Name:
Aloe brevifolia
Common Name:
Short leaved aloe
A South African aloe, it has dense clusters of 20cm wide rosettes of short tightly packed blue green leaves.
Leaves are broadly triangular in shape. The upper surface is usually without any spots or spines but the lower surface may have a few soft spines along the upper middle or scattered on the terminal part. It has white thorns on the edge of the leaves.
Tall, unbranched inflorescences of short green tipped red flowers.
Ht: up to 50cm
Ideal for pots, banks, dry soils.


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"City of Lights"
©David A. Ziser
Okay, gang don't hate me for this image post today. Over the weekend we visited Showboat Majestic, a floating theater on the Ohio River. At the intermission break we were walking the decks and I thought, "What a great place to capture some HDR photographs of the night lights on the Ohio River." This image is a view from the Cincinnati side looking towards the Kentucky skyline.
Barges and boats were going by causing a slight rock and roll action on our deck. I decided to make the exposure anyway. I guess we were hit by a fairly large wave during this exposure, hence the long light streaks across the image.
When the image popped on the back of my camera, I still thought the image was a quite interesting exposure. Although I had several other images that look just fine, I kept coming back to this very abstract looking image.
I brought the image into Photoshop CS 6 and decided to have some fun with it. In addition to "juicing" the saturation and vibrance of the image, I also applied the Smart Sharpen filter to this image as well. I found I got a very interesting result when I used the " remove motion blur" option in the Smart Sharpen work panel – it added sort of a bevel/embossed look to the image. Some careful burning in of the shadow areas to darken them added an even more dramatic feel to my finished result. You're right, maybe I had too much time on my hands today but I still like this result.
Camera specs: Canon 5D Mark III fitted with Tamron 28 – 300 MM lens at 60 MM, F4.5 at 1/8 second, ISO 6400. Enjoy! – David


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|Minimate Addicts.com
I want to give a quick shout out to Art Asylum and Walgreens for a great run of exclusive minimates so far with six different waves of totally AWESOME mates that, for the most part, were unavailable in previous minimate waves. Of course, my number one pick would be the Hulkbuster from wave 1.5 which has become a staple canvas for my "Hall of Hulkbusters" customs. What are your favorites so far, and where would you like to see this line go?
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03 December 2015 -
A couple of years ago, the forecourt of the railway station in my home city was redesigned to allow access for public transport. All very good, but the previous space to drop off and pick up was moved to an access-controlled car park. As a result, people started doing quick drop-offs from cars in the bus-only area.
So cameras were fitted, and fines applied. Cue loud protest in the local press. Now there are large signs everywhere near the station ordering: "Do not drop off here. You will be fined. Use the access-controlled car park."
Why do councils often do this, instead of thinking: "We have many different customers,
so how do we create the best solution for all of them?"
In a similar way, modern hospitals are usually designed with large waiting areas. Yet think of the capital investment required for the space, the running costs of heating, lighting, administration, cleaning etc. If the hospitals operated an effective throughput, they'd only need a few chairs.
In many organisations today, the art of Management by Walking Around has been lost. They spend lots of time and effort bringing in experts to set up metrics and dashboards to monitor everything – "You get what you measure" – but forget to listen to those at the coalface: the customers and workforce.
Instead, set an example, lead by speaking to people, don't rely on emails and spreadsheets. If you really want to boost productivity, use that time walking around to look at waste, and feel the mood of the business. These are some questions you could ask:
Robust IT: Do your systems work and are they easy to use? How often do people grumble that they can't find things on their computers?
Good offices: Are you providing the right working environment? Would you feel comfortable in that office or workshop?
Software tools: Do you have effective systems or a plethora of home-grown spreadsheets? If it's the latter, I bet this isn't the most effective method (though it may show the dedication of your teams to get the work done).
Unsung heroes: Who are the real stars in your organisation? They won't be the ones grabbing your attention to get promoted, but you can be sure they'll be keeping your organisation going, despite the inefficiencies.
Blockages: What is the biggest thing preventing you from getting on with your job?
Morale: Is there a sense of pride and enjoyment at work?
Generally, there are two types of productivity change: unblocking inefficiencies and implementing a step change with innovative processes or products.
A few years ago, I was developing a new type of driver information sign.
My colleagues and I went beyond the customer's standard technical specification, and identified the two factors that would be critical to the project's success: ensure the driver can see the signs, whatever the weather or lighting conditions; ensure the signs are reliable. We stayed focused on these, and the result was technical excellence and the lowest cost in the market. We transformed the business and won all the orders available.
The Royal Academy of Engineering has said that the UK needs more than a million new engineers and technicians by 2020, which will require twice the current number of annual engineering graduates and apprentices. Any shortfall will have the greatest impact on small and medium-sized companies that can least afford to advertise. So how can they find the skills to boost productivity and grow?
Well, your local university or university technical college would love to hear from you, as they need course placements for their students. It's a win-win situation: your business gets enthusiastic people full of the latest thinking, while the students get to learn about real-world challenges.
The university or college also learns more about the needs of local organisations and can tailor its output to suit. What's more, you get extended interviews with potentially great employees of the future. One way to get things moving is to join the college's industry liaison board. And if they don't have one, set one up!
Patrick Kniveton is a visiting professor at Derby University and a past president of the Institution of Mechanical Engineers
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The Shifting Importance of Competition and Facilitation Along Diversity, Environmental Severity, and Plant Ontogenetic Gradients
Date of Award
May 2013
Degree Type
Degree Name
Doctor of Philosophy
Biological Sciences
First Advisor
Stefan A. Schnitzer
Committee Members
Peter B. Reich, Jeffrey Karron, Gabriella Pinter, Sara Hoot, Emily Latch
Global Change, Herbaceous, Modelling, Oak, Pine, Theory
Ecological theory and empirical studies have focused heavily on the importance of competition in plant communities. Competition can help explain species coexistence, the maintenance of species diversity, and biological invasions. Competition for resources appears to be ubiquitous among coexisting organisms. This overwhelming focus on competition over the past one hundred years may have overshadowed the importance of positive interactions (facilitation). Growing near your neighbors involves competition for resources, but it also involves alteration of a shared microclimate. Neighboring plants have the capacity to increase shade, decrease air temperatures, increase humidity, and increase shallow soil moisture in their local environment. In severe environments - tundra, deserts, salt marshes - facilitation can outweigh the effects of competition. In periods of environmental severity, these benefits can prove essential. In this dissertation, I explore the importance of both competitive and facilitative interactions across gradients of environment severity, plant ontogeny, and productivity. I use an experimental manipulation of herbaceous plant diversity to manipulate the magnitude of competition and facilitation in a series of experiments in central Minnesota. I show that woody encroachment into grasslands is influenced by both competitive and facilitative interactions related to decreasing local species diversity and increasing atmospheric CO2 (Chapter 1). I show that diversity can ameliorate the microclimate to create local conditions that are cooler and more humid, and these effects can facilitate seedling growth and survival. I show that competition appears to increase as seedlings grow in size, but this size-structured change may be due more to decreasing facilitation rather than increasing competition (Chapter 2). Finally, plants may compete strongly for resources much of the time, but this can be outweighed by strong facilitation, and the interaction between the two processes can change on a day-to-day basis (Chapter 3). Finally, I use a modified Lotka-Volterra model to show how competition and facilitation may change as a function of environmental severity and productivity, and the implications of these relationships on individual plant performance and long-term community dynamics (Chapter 4). Nutrient availability, CO2 concentrations, seasonal temperatures and precipitation will likely change independently in future climate change scenarios. It is therefore essential that we have a comprehensive understanding of the positive and negative components that underlie plant interactions, to better predict how plant communities will change in the future.
Recommended Citation
Wright, Alexandra, "The Shifting Importance of Competition and Facilitation Along Diversity, Environmental Severity, and Plant Ontogenetic Gradients" (2013). Theses and Dissertations. 779.


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Family and Friends Category
May 25
The Crew
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May 13
Happy Mother's Day
Happy Mother's Day to my mom, Granny Gee, Granny Jules and Aunty Niki. And thank you to Gadget, the Lion and Miss C for making me a mother.View Post...
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May 06
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May 03
We had a lovely time this past weekend in Austin with my girlfriend, Traci and her family. So lovely a time, that Hubby didn't want to leave.View Post...
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Apr 24
Yesterday, my dad celebrated his seventy-second birthday. He's an old man! In a world where so many fathers are absent, I have cherished memories of father-daughter activities going back over thirty years. When I was a baby, my father created a baby album, and wrote captions about my thoughts and expressions captured in the photos and I learned he respected and valued my opinions and feelings. And then, once I could stand, he transformed an…View Post...
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On May 17th we had a very successful Boston Handbell Festival, which saw Choirchimes distributed to the Donald McKay School in East Boston and Watertown Middle School. Congratulations to both! I'd like to offer a warm thanks to all our generous donors that make this program possible! And for this special 10th Anniversary year, we give a very special appreciation to the Boston Cultural Council and the Massachusetts Cultural Council for supporting our work in music education.
Two other dates to put on the calendar: our annual Summer Ring will be held on Monday, August 15th, and Auditions for the 2016-2017 season will be Monday, August 22. Keep your eyes on our website for additional details.
Can't wait to see you all on June 5th!
Donna Matson
Executive Director
Back Bay Ringers
Google +1


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A design isn't finished until somebody is using it.
I found this quote online and thought it relevant. Not that I'm complaining, but I can't seem to move on to other new designs until I'm actually done with what is out there hanging. I have a tunic top design I've finished and submitted months ago. I'm still waiting to hear from them.
Then I have three wearable designs that have already been accepted, but its taking too long to process...its all fine by me, but right now I hardly have time to crochet or start on a new design. So I'm really hoping that some of my previous work will materialize so hopefully things will remain current and interesting.
Meanwhile, I have been breathing in some inspiration... Once in a while, I would browse my books and magazines, and I'd browse online and see many items that I like. However, since I couldn't sit for long periods to immerse myself in a new design, I still haven't started anything yet :p
Yesterday I was in the mood to go to a nearby mall...fortunately, there's a Booksale store there so I looked for knitting or crochet books and magazines. These were the only ones available at a bargain price, and I got them all for a total of P105. (about $2.50)!!!


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By Richard A. McGrath, CIC, LIA
For the first time this year, the Affordable Care Act (ACA), commonly known as Obamacare, imposed a penalty on American taxpayers for not having health insurance. The Obama administration estimated that 6 million people would pay the penalty. Instead, 6.6 million people paid the penalty, which is 10 percent more than expected.
In addition, in 2014:
- About 10.7 million taxpayers filed for an exemption from the penalty.
- About 8 million people purchased health coverage through government-run marketplaces.
- Of those who purchased coverage, 2.6 million filed for premium tax credits to help pay for their insurance.
The penalty was created to encourage people to sign up for health insurance, so the more people who signed up, the lower the number of taxpayers paying the penalty would have been.
Of course, paying the penalty costs significantly less than buying health insurance, so, if anything, it may be surprising that more people didn't pay it. The maximum penalty was the greater of the following: one percent of income or $95 per adult and $47.50 per child, up to a maximum of $285.
The average penalty paid was just $190, according to a report from the National Taxpayer Advocate, the in-house ombudsman of the Internal Revenue Service. In comparison, the National Conference of State Legislatures reported that annual health insurance premiums for an average family now exceed $16,800.
This year, the penalty for not having coverage, which the federal government calls a "shared responsibility fee," increases to two percent of income or $325 per person and $162.50 per child for each year during which a taxpayer lacks eligible health insurance, whichever is greater.
The penalty will increase each year by set increments until 2017, after which it will adjust for inflation.
About 300,000 taxpayers overpaid the penalty this year by an average of just over $110, for a total of $35 million. Most should have been exempt because of their low income, according to the National Taxpayer Advocate. Since more taxpayers who overpaid would likely spend more than $110 in preparer fees to amend their returns, the IRS recently had not decided whether to issue refunds.
Exemptions and Credits
Anyone seeking an exemption must file the exemptions form, 8965, which is available at Obamacarefacts.com.
Individuals are eligible for exemptions from the penalty if their income is below the tax-filing threshold; if the cheapest health insurance they can buy, either inside or outside the workplace, would cost more than 8 percent of household income for self-only coverage, or if employer-sponsored coverage would cost more than 9.5 percent of household income, after the employer's contribution.
The tax-filing threshold ranges from $10,150 for a single person under 65 to $21,500 for a married couple filing jointly, where at least one spouse is 65 or older.
An exemption is also available for those who go without coverage for less than three months. Those who are denied coverage because they fail to qualify for Medicaid or the Children's Health Insurance Program (CHIP) can typically receive an exemption if they are unable to enroll for insurance during the open enrollment period.
Those who exceeded tax-filing thresholds, but needed help with the cost of health insurance received tax credits totaling $7.7 billion, with an average credit of $3,000.
Tax credits for premiums are available only to those who are not eligible for affordable coverage from other sources and whose incomes fall within two to four times the federal poverty level. This year, any individual earning less than $11,770 is considered to be under the poverty guideline. An additional $4,160 is added for each family member. For example, the poverty level for a family of four is $24,250.
The tax credit can either be applied to monthly health insurance premiums by the insurer or claimed on a federal income tax return.
Upcoming Cadillac Tax
The law's excise tax, commonly referred to as the "Cadillac Tax," is scheduled to go into effect on January 1, 2018. This provision will implement a 40 percent tax on high-cost employer plans with aggregate expenses that exceed $10,200 for individual coverage and $27,500 for family coverage. The Independent Agents & Brokers of America (Big "I") is working closely with Congress to fight the impending Cadillac Tax.
Americans should, of course, purchase health insurance, not because of the possibility of being penalized for not having it, but because their health and the well-being of their family depends on it.
Richard A. McGrath, CIC, LIA is President and CEO of McGrath Insurance Group, Inc. of Sturbridge, Mass. He can be reached at firstname.lastname@example.com.
This article is written for informational purposes only and should not be construed as providing legal advice.


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Scope and definition
Up until the last couple of decades, land and hence native vegetation clearance was a conventional and legally-condoned practice, largely committed to open up land for agriculture but standard for any private landowner wishing to modify the environment. In Australia, with an historically-sanctioned economic dependence on agriculture, there has been a valuation of the land mostly founded on the profit it can turn and often at the expense of its ecological worth. Agriculture and grazing still account for a great deal of native vegetation clearance occurring today but development of land for other purposes is a significant culprit.
Definitions of clearing and native vegetation differ between the Australian states and territories (some of these are listed in Table 25). Native vegetation clearing, however, generally refers to any act that removes, disfigures or kills vegetation deemed indigenous to the region. Illegal clearance, then, is any such vegetative removal or destruction, or clearance that takes place without due authorisation.
|Definition of clearing
|Definition of native vegetation
Native Vegetation Act 2003 (NSW)
Cutting down, felling, thinning, logging, removing, killing, destroying, poisoning, ringbarking, uprooting or burning
Any of the following types of indigenous vegetation
Vegetation Management Act 1999 (Qld)
A native tree or plant other than the following
Native Vegetation Act 1991 (SA)
Plant or plants of a species indigenous to South Australia including a plant or plants growing in or under waters of the sea (s 3)
Environmental Protection Act 1986 (WA)
Indigenous aquatic or terrestrial vegetation and includes dead vegetation unless that dead vegetation is of a class declared by regulation to be excluded from this definition but does not include vegetation in a plantation (s 3)
Laws and regulation
With the realisation of the long-term consequences of native vegetation clearance on the integrity of natural landscapes and productivity of the land, came intervention in the form of government regulation whereby permission for clearance was required before it could be carried out. Of particular concern was the rampant nature of broadscale clearing, a long-used method of clearing land for agriculture and responsible for huge vegetation losses in states such as New South Wales and Queensland. Nonetheless, and compared with other environmental protection laws, legislation controlling against native vegetation clearance was not introduced until comparatively recently. Victoria and South Australia were the first to do so, in the late 1980s, with the remaining jurisdictions following suit sometime in the next decade and Tasmania not until 2002 (Bartel 2008b).
Just three jurisdictions (New South Wales, Queensland and South Australia) have enacted legislation dealing explicitly with native vegetation clearance, which works in concert with land management, development and planning and conservation statutes (see Table 26). In Western Australia, the Environmental Protection Act 1986 includes special provisions for the clearance of native vegetation. In Tasmania, clearance is covered in the Forest Practices Act 1985, which was amended in 2002 to prohibit non-commercial clearing of forest for agricultural purposes. In 2003, the Tasmanian Government announced further amendments to strengthen regulations on the clearing of non-forest vegetative communities but these legislative changes have yet to be realised. The remaining jurisdictions incorporated clearing laws within a range of land development and management acts, or statutory provisions (such as the Victorian Planning Provision (clause 52.17) and the NT Planning Scheme). This reflects the treatment of native vegetation clearance as a consideration of planning and development.
|Primary statute(s)
Native Vegetation Act 2003
Threatened Species Conservation Act 1995
Environmental Planning and Assessment Act 1979 (Local Environmental Plan)
Victorian Planning Provision (Clause 52.17)
Planning and Environment Act 1987
Flora & Fauna Guarantee Act 1988
Catchment and Land Protection Act 1994
Vegetation Management Act 1999
Integrated Planning Act 1997
Nature Conservation Act 1992
Environmental Protection Act 1986
Native Vegetation Act 1991
Forest Practices Act 1985
Planning and Development Act 2007
Nature Conservation Act 1980
Planning Act
NT Planning Scheme
Pastoral Land Act
Vegetation management is predominantly controlled by the states and territories, either by state government authorities or local councils. At the national level, the EPBC Act guards against illegal native vegetation clearance through the:
- protection of threatened species and ecological communities (s 18) and declared sites (s 17B); and
- the prevention of environmentally-damaging behaviour performed on Commonwealth land (s 27A) or because of Commonwealth action (s 28).
Complementing native vegetation laws are overarching frameworks to better manage and promote the better monitoring of native vegetation coverage. Examples of these include the Commonwealth's National Framework for Management and Monitoring of Australia's Native Vegetation (Aust DEH 2001), Queensland's State Policy for Vegetation Management (Qld DNRW 2006) and Victoria's Native Vegetation Framework (Vic DSE 2002).
Part of Victoria's approach to managing native vegetation was to introduce a statewide target of 'no net loss' of native vegetation, followed by a policy of 'net gain'. South Australia has followed a similar pathway, where landowners are expected to secure a significant environment benefit if allowed to clear native vegetation. In Queensland, a 2003 moratorium on broadscale clearing led the government to introduce a bill to parliament in 2004 to phase out all broadscale clearing of remnant vegetation by 31 December 2006. Queensland recently concluded a moratorium addressing the clearance of high-value regrowth in designated regions of northeast Queensland, with new regulations around clearance in place as of October 2009.
The application of native vegetation clearance laws depends on the purpose of development, land tenure arrangements, geographic area covered and the nature of vegetation to be cleared. For example, Queensland's Vegetation Management Act 1999 regulates all clearing of remnant vegetation on freehold land and remnant and some non-remnant vegetation on state leaseholds. In the Northern Territory, clearance on freehold and Crown land is covered in the Planning Act and clearance of pastoral land in the Pastoral Land Act. Laws prescribed in the NT Planning Scheme cover all freehold and Crown land outside of existing towns and 'control plan areas', and all zone land in rural area bordering Katherine, Litchfield and Alice Springs. SA 's native vegetation laws apply to the whole of the state except metropolitan Adelaide. Where rare and endemic species are potentially affected, conservation laws also apply. In the Australian Capital Territory, where all land is leasehold, clearance laws are prescribed in the Planning and Development Act 2007.
Unless a candidate for exemption, clearing is not legal until authorisation is granted in the form of a clearing permit. Permits are generally not required if the area to be cleared is one hectare or less or clearing is needed for day-to-day farm maintenance. Clearing in urban residential and industrial locations is also mostly exempt. Administering authorities are responsible for the allocation of permits, although in Victoria, local councils are the primary outlet and in South Australia, permits must be sought from the Native Vegetation Council. Permit applications must include a description of the type and amount of native vegetation to be cleared, an aerial photo or site plan illustrating where the native vegetation exists, which sections are proposed for removal, methods proposed to minimise the amount that needs to be cleared and actions proposed to offset the clearing that goes ahead. An example of the latter is the Significant Environmental Benefit as legislated in South Australia's Native Vegetation Act 1991 (and associated Regulations) which mandates an environmental gain be achieved in return for a clearance permit.
Longer-term clearance arrangements can be made through property vegetation (management) plans (PVPs), presently available in New South Wales, Victoria and Queensland. These are negotiated agreements between the landholder and an identified authority (eg Catchment Management Authorities in New South Wales and the Department of Sustainability and Environment in Victoria) describing the nature, scale and purpose of authorised clearing regimes on designated land holdings. PVPs are mandatory in New South Wales but voluntary in Victoria. The establishment of a PVP in Victoria benefits the landowner as it extends the agreed clearing and land management regime to a period of 10 years, whereas a conventional clearing permit normally lasts no more than two years.
Some jurisdictions use various incentive and trade schemes to encourage better vegetation management. For example, Victoria offers the following initiatives:
- Bush tender—here the landowner receives periodic payments (under signed agreement) for land management practices above and beyond those required by legislation.
- Carbon tender—carbon offset contracts with landholders who revegetate their properties, with the potential of income derived from
- five year performance-based payments from the Victorian Government; and
- future carbon trading markets.
- Bush broker—a native vegetation credit and trading scheme whereby clearance on one landholding (by developers) can be offset on another through the purchase of native vegetation credits (Vic DSE 2008).
New South Wales also offers incentive funding to landowners and Queensland operates a vegetation management offset scheme.
Offences and penalties
There is considerable variation across jurisdictions in the statutory expression of native vegetation clearance offences (see Table 27). In New South Wales, Queensland, Western Australia and South Australia, the offence is described with direct reference to the act of unauthorised clearing and/or clearing in contravention of permit conditions. Penalties for unauthorised clearing in New South Wales are not stated in the relevant statute but instead cross-refer to the penalty scheme for unauthorised planning works prescribed in the Environment Planning and Assessment Act 1979. For clearing in Queensland, the perpetrator may be penalised according to s 60B of the Vegetation Management Act 1999, alongside ss 4.31–4.35A of the Integrated Planning Act 1997 (or any other statute which the clearance breaches). In the Northern Territory and Australian Capital Territory, unauthorised clearing is embedded within offences that relate to development that is undertaken without prescribed approval(s), or for the NT's Pastoral Act, in breach of conditions of the pastoral lease.
|Act and associated selected offences
|Maximum penalty
Native Vegetation Act 2003 (NSW)
Clearing without approval (s 12)
$1.1m (under s 126 of the Environment Planning and Assessment Act 1979)
Planning and Environment Act 1987 (Vic)
Contravene scheme, permit or agreement (s 126)
Catchment and Land Protection Act 1994 (Vic)
Disobey land use condition (s 35)
Disobey land management notice (s 41)
Vegetation Management Act 1999 (Qld)
Offence against a vegetation clearing provision (s60B)
$2,250 for each hectare in remnant endangered regional ecosystem or declared area
$1,800 for each hectare in remnant of concern regional ecosystem
$1,350 for each hectare in remnant not of concern regional ecosystem
Fail to comply with compliance noticea (s 55)
Integrated Planning Act 1997 (Qld)
Various development offencesb (s 4.31–s 4.3.5A)
Environmental Protection Act 1986 (WA)
Unlawful clearing of native vegetation (s 51C)
$250,000 (individual)
$500,000 (body corporate)
Contravene clearing permit conditions (s 51J)
$62,500 (individual)
$125,000 (body corporate)
(Clearance causes) serious environmental harm with intentional and criminal negligence (s 50A(1))
$500,000 and/or five years imprisonment (individual)
$1,000,000 (body corporate)
(Clearance causes) serious environmental harm (s 50A(2))
$250,000 and/or three years imprisonment (individual)
$500,000 (body corporate)
(Clearance causes) material environmental harm with intentional and criminal negligence (s 50B(1))
$250,000 and/or three years imprisonment (individual)
$500,000 (body corporate)
(Clearance causes) material environmental harm (s 50B(2)
$125,000 (individual)
$250,000 (body corporate)
Native Vegetation Act 1991 (SA)
Unauthorised clearance (s 26(1))
Sum calculated at prescribed rate for each hectare (or part of) land in relation to which offence committee or $100,000, whichever is greater
Failure to comply or contravene clearance conditions (s 26(2))
As above
Forest Practices Act 1985 (Tas)
Clearing and conversion etc activity without certified forest practice plan (s 17(4))
Contravene provisions of certified forest practice plan (s 21)
As above
Planning and Development Act 2007 (ACT)
Develop land without appropriate approval (s 1999)
$200,000 penalty units (individual) $1,250,00 (body corporate)
Nature Conservation Act 1980 (ACT)
Clearing with intent in a reserve causing serious harm (s 77(1))
$200,000 and/or five years imprisonment (individual)
Clearing (negligent) in a reserve causing serious harm (s 77(2))
$150,000 and/or three years imprisonment (individual)
Clearing with intent in a reserve causing material harm (s 78(1))
$100,000 and/or two years imprisonment (individual)
Clearing (negligent) in a reserve causing material harm (s 78(1))
$75,000 and/or one year imprisonment (individual)
Clears in a reserve (s 79)
Pastoral Act (NT)
Failure to comply with notice explaining breach of pastoral lease (s 40)
Forfeiture of lease
Failure to comply with conditions of notice (s 40(7))
Planning Act (NT)
Not develop land except in accordance with planning scheme, interim development control order or permit (s 75A)
$22,000 (individual)
$110,000 (body corporate)
a: Served if person is believed to be committing or having committed a vegetation clearance offence
b: Vegetation clearance interpreted as a development offence
Note: Victorian monetary penalty based on penalty unit amount for 2008–09 ($113.42); Monetary Units Act 2004
Maximum penalties are similarly diverse. The largest pecuniary penalty is prescribed in the Native Vegetation Act 2003 (NSW); $1.1m if found to have cleared native vegetation without approval. Persons found clearing native vegetation on pastoral leasehold land in the Northern Territory may have their lease forfeited if they fail to provide the Minister with a legitimate reason for contravening conditions of their lease. In Western Australia, where native vegetation clearance laws are embedded within the Environmental Protection Act 1986, offenders can additionally be penalised according to the amount of harm done by the clearance (be it serious or material) and whether the act was intentional.
Fines in Queensland and South Australia are calculated according to the number of hectares of vegetation cleared and in Queensland, the threatened status of the ecosystem the clearance affected. The maximum fine in South Australia is prescribed at no less than $100,000 for either unauthorised clearance or clearance in contravention of permit conditions.
Nature and extent
Generating acceptance of native vegetation clearance regulations has proved to be a challenge (Bartel 2003). The introduction of legislation suddenly blocked a long standing permissible practice without which, agriculturalists argued, effective management of properties and expansion of businesses would be seriously compromised. Moreover, it targeted only those landowners who had not yet cleared some or all of their properties, which may have generated an additional layer of resentment (NSW OAG 2006).
The scale of illegal clearance since the implementation of native vegetation legislation is not well documented. Data collated by the Productivity Commission for their review of native vegetation regulation found that a decline in overall clearance did take place from the early 1980s to the early 2000s in all Australian states and territories (Productivity Commission 2004). It might then be surmised that rates of illegal clearance also declined but the report warned of evidence of continued non-compliance and even cases of pre-emptive clearing in which landowners cleared vegetation as 'insurance against future policy changes' (Productivity Commission: XXVI).
Part of the problem in estimating rates of illegal clearing is the absence of past, reliable data on vegetation changes and critically, which clearance was lawful and which was not. A 2002 audit by the NSW Auditor General could not elicit information on illegal clearance rates as the clearance register maintained by the then NSW Department of Land, Water and Conservation simply did not record this data. Similarly, an audit conducted in Western Australia could not provide a reliable estimate of the rate of illegal clearing occurring in that state (WA OAG 2007). However, the reporting agency to the WA audit disclosed there were a 'large number' of cases otherwise approved for clearing which had land clearance patterns that did not match those specified on permit applications.
A subsequent audit of NSW native vegetation laws in 2006 discovered illegal clearance continued at unsustainable rates. Of the 74,000 hectares of land cleared in New South Wales in 2005, 40 percent (ie 30,000ha) was cleared illegally (ie without prior approval; NSW AOG 2006). Most of the illegal clearance in New South Wales in 2005 took place in the west and northwest of the state on, as yet, uncleared land. However, there was also evidence of illegal clearance of closed and open forest in locations of 'significant conservation value' along the coast and the Great Dividing Range (NSW AOG 2006: 16).
The prohibition of broadscale clearing in Queensland was interpreted as producing a drop in such clearance by as much as 96 percent (McGrath 2008). The most recent land cover change report recorded a 48 percent decrease in clearing between 2006–07 and 2007–08, the lowest rate of clearance recorded since 1988 (Qld DERM 2009). What proportion of this figure illegally-cleared vegetation comprised was not reported.
Published information on reported breaches, the number that end up being investigated and the resulting sanction is limited and only a few agencies report statistics in their annual reports. For the most recent year (2007–08), the Queensland EPA undertook 722 investigations and desktop evaluations regarding clearance permits, with 46 compliance actions delivered (Qld EPA 2008). No data was provided by the SA Department of Water, Land and Biodiversity Conservation for 2007–08, but in 2006–07, there were 157 reports of breaches against native vegetation laws, resulting in the issuance of 12 expiation notices and seven administrative orders, and five convictions recorded (SA DWLBC 2007a). Neither report described what these breaches constituted.
Reporting and detection
What is evident is the great difficulty in detecting clearance activity, both legal and illegal. Monitoring, in the past, generally failed to accurately determine vegetation losses, because of inadequate resources and limited technology. For example, the then NSW Department of Natural Resources stated in the aforementioned 2006 audit that they did not possess any 'accurate' information on the scale of illegal native vegetation clearance, despite being aware of the continuation of illegal activity post implementation of (the now defunct) State Environmental Planning Policy No 46 and the Native Vegetation Conservation Act 1997 (legislative predecessors to the Native Vegetation Act 2003; NSW OAG 2006). Likewise, the WA Department of Conservation described the amount of illegal clearing as 'unknown'. Only in the last few years has the Department been able to identify 'hot spots' of illegal activity (WA OAG 2007).
'Nosy neighbours and chance discovery' have thus served as the likeliest avenues for detecting illegal vegetation clearance (Bartel 2003: 13). Indeed, one prosecuted case in New South Wales followed a chance sighting by an enforcement officer of bulldozers while driving the Gwydir Highway (Bartel 2003). Complaints, however, need to be investigated and staffing numbers and other priorities influence how many do end up being attended to. In Western Australia, actual investigative work was deemed to be 'limited' and focused mostly on those cases that were 'least complex and least important' (WA OAG 2007: 16). Regional staffing issues and a directive to officers to concentrate on applications over complaints, produced this diminished vigilance, alongside a view that more complex investigations could be delayed due to the absence of a statute of limitations. Complaints and incidental observations also rely on observers to know what they are seeing and for the clearance to be obvious. Tree removal is the most visible form of clearance; all successfully prosecuted cases in New South Wales examined in Bartel (2003) dealt with illegal clearance of forest or woodlands.
In recent years, relevant agencies have invested in, or are looking to invest in, satellite surveillance and aerial photography (Bartel 2005). Alongside more traditional survey work, satellite surveillance will improve mapping of existing vegetation and provide a more systematic method of monitoring clearance patterns. Queensland operates the Global Navigation Satellite System (GNSS) from which downloaded data fulfils monitoring obligations and is used to annually update the Statewide Landcare and Trees Study (SLATs; Qld DNRW 2008a). The Change Detection Program in South Australia combines satellite imagery and high resolution aerial photography monitoring, contact with landholders and on-site inspections for clearance activity (SA DWLBC 2007b). Victoria is planning to implement the Native Vegetation Permit Tracking System, a vegetation remote-sensing mapping system, as part of the Net Gain initiative. It will assist the monitoring of native vegetation clearing and associated offset schemes and analyse tree cover change. The latter will be used as part of a compliance auditing system for forest practices and timber production. In 2003, the NSW Government pledged $3.5m to establish a satellite monitoring system in the state (although some parties have claimed the receiving department did not end up using the money for this purpose; The Wilderness Society 2008).
Compliance auditing, while somewhat sporadic and informal in the past, is not to be dispensed with altogether. Where used uniformly, it has detected significant breaches. A concerted program of compliance audits performed in 1999 in the NSW central west, for example, discovered that two-thirds of landowners had either not complied with conditions of clearance approvals or had gone ahead with clearing despite refusal from the authorising agency (NSW OAG 2002).
Actions taken against offenders found in breach of native vegetation laws are overwhelmingly the least severe options available. Between 2002 and June 2006, 523 compliance actions emanated from investigations of illegal clearance in New South Wales. In increasing order of severity, 69 percent (n=361) took the form of warning letters, 11 percent (n=60) remediation agreements, 13 percent (n=69) remediation notices, four percent (n=21) stop work orders and two percent (n=12) prosecutions (NSW OAG 2006).
A total of 29 prosecutions were pursued in New South Wales between 1998 and 2005, less than five percent of detected breaches in that period (Bartel 2003; NSW OAG 2006). Eighteen were successful, six unsuccessful (ie contested and acquitted) and five were withdrawn. A similar trend was observed in Western Australia, where 10 successful or in-preparation prosecutions emanated from the 550 complaints registered between July 2005 and July 2007 (WA OAG 2007). Half of these complaints were unresolved as at July 2007, 34 percent having had been lodged over a year before. These statistics compare with the 30 to 50 prosecutions undertaken in Queensland, of which 90 percent were successful (NSW OAG 2006).
Some of the difference in prosecution rates relates to the ease (of lack thereof) with which cases for prosecution can be developed. One of the findings from the 2002 NSW audit was the difficulty in which cases could be prosecuted under the previous Native Vegetation Conservation Act 1997 (NSW OAG 2002). Specifically, were the 'broadly worded' list of exemptions (which allowed cases of illegal clearing to be presented (and accepted) as exempt from regulation) and ambiguous guidelines as to who was ultimately responsible for incidents of illegal clearing. The enactment of the Native Vegetation Act 2003 consequently tightened the list of exemptions and now identifies the occupier of the land as responsible for any clearing occurring on their land, unless evidence suggests otherwise. Other deficiencies noted in the prosecution process were the adequacy of the information gathered and the preparation and presentation of that information in meeting evidentiary requirements.
The maximum monetary penalty for illegal native vegetation clearance ranges from $1.1m in New South Wales (Native Vegetation Act 2003) and $250,000 (for individuals) in Western Australia, to around $100,000 or less in other jurisdictions. But for the most part, actual penalties given are low. For example, monetary penalties imposed in nine cases prosecuted in the mid- to late-1990s ranged from $2,500 (plus costs) to $35,000 (total) for bulldozing of 1,200 ha. This averaged just $37 a hectare (Bartel 2008a).
Bartel (2008a, 2003) and Curran (2000), among others, have questioned the deterrence value of these fines, which promote little incentive to comply. However, Bartel (2008a) has foreseen a possible increase in fines for future acts of illegal native vegetation clearance. A case heard in 2007, where a landowner was fined $20,000 for the clearance of 30.5ha (Director General of Environment and Climate Change v Taylor [2007] NSWLEC 530), was interpreted by Bartel as potential evidence for a 'transition phase (in sentencing) from status quo to new horizon' as well as final recognition for a moral basis in dealing with illegal clearance (Bartel 2008a: 530). Certainly, recent cases heard in the NSW Land and Environment Court have elicited substantially higher fines. These include:
- the Director General of Environment and Climate Change v Wilton [2008] NSWLEC 297 (31 October 2008)—$40,000 for clearing 32ha;
- Director General of Environment and Climate Change v Rae [2009] NSWLEC 137 (18 August 2009)—$160,000 for clearing 215ha; and
- Director General of Environment and Climate Change v Hudson [2009] NSWLEC 4 (11 February 2009)—$400,000 for clearing 486ha and causing serious environmental harm.
Another recent, high-profile case considered the clearance of 750ha of vegetation in the Gwydir wetlands, to which the guilty party received the largest fine for clearance recorded. Prosecuted under s 16(1) of the EPBC Act 1999 (Cth), the total fine amounted to $450,000 (NSW DECC 2009b).
Alongside, or in place of fines, is the option for orders, or to enter into negotiated environmental agreements or outcomes. These orders and agreements effectively refer to directions to revegetate or remediate cleared land. Remediation work may include the establishment and registration of wildlife or 'flood runner' corridors, or wildlife refuges. Alternatively, land ownership may be transferred to offset the monetary value of the land illegally cleared. Following discovery of illegal clearance in Queensland's Central Eastern Rainforest Reserve, for example, the Commonwealth negotiated a property transfer to the Crown of land worth more than $400,000 (Aust DEH 2006). This land was to be incorporated into a World Heritage Area and to compensate for the already damaged land.
Of all the environmental laws recognised in Australia, arguably the most difficult to generate widespread acceptance for and compliance with are those governing native vegetation clearance. A number of related factors have produced this impasse. Rates of compliance are likelier to be less for the most recently introduced environmental laws compared with environmental laws that have been in place longer and hence have had more time to be accepted. Second, it considers a 'resource' that many do not necessarily see as having a value they can equate into monetary terms. In some cases, its removal rather than its presence is considered of greater value. Third and possibly most crucially, it controls an activity which was both widespread and quite legal, and subsequently confronts a mindset that clearance of native vegetation should be allowed to continue as it has done in the past.
Added to this intractability is the very real problem of accurately identifying where illegal clearances have occurred. Authority (or exemptions) must be sought before most native vegetation clearance is commenced. Only recent advances and an uptake in technological survey methods (and in only a handful of jurisdictions) has allowed regulatory authorities to
- actively monitor clearance activities and rates; and
- pinpoint where illegal clearance has occurred.
Prior to the use of monitoring instruments, such as aerial photography and satellite surveillance, there was no systematic way, other than conventional methods of detection, to investigate and uncover non-compliance. Where reliable data had been gathered, it revealed that clearance was still happening at unsustainable rates, with certain areas (such as the west and northwest of New South Wales) particularly vulnerable and often to overt and intentional clearance activity.
The control of illegal native vegetation clearance represents an area of environmental crime that could be described as resting on the ability to challenge a view that the preservation of native vegetation is not a hindrance to development and profitability. Fostering widespread appreciation of native vegetation, however, may not, in the end, be a realistic or achievable goal and alternate methods have been sought instead to achieve compliance. The conventional way of achieving this—through the application of 'threat' of discovery and the distribution of significant penalties for those who have been caught—has not proved effective (Bartel 2008a, 2003) It remains to be seen whether legislated changes to substantially increase penalties, as has occurred in New South Wales, will produce any reliable deterrent effect.
Encouragement to observe laws might be better served instead through a combination of persuasion, inducement and education. Education and social research, advocated by regulatory authorities as an important tool in promoting compliance must be prepared and presented carefully so as to encourage consideration and discussion. An alternate or complementary approach is the incentive scheme, which blends elements of persuasion and inducement to halt further clearance and in some cases, revegetate what has been lost. Unfortunately, no data are published on how readily these schemes have been adopted, how successful these schemes have been in promoting compliance and whether those landowners who have bought into such schemes were already sympathetic to the retention of native vegetation cover on their properties. As a model of land management that possibly represents a successful mechanism in preserving Australia's remaining native vegetation, further research might be directed at evaluating these schemes. These could examine the issues faced by proponents and detractors, establish how relationships are successfully (and not so successfully) forged between the landowner and regulator, and identify the precise nature of how intrinsic and monetary-based values of native vegetation are incorporated into the application of such schemes.


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A Most Ordinary Extraordinary Life
Camp Wesley Woods opened its doors over 50 years ago and during that time many sweet souls have become a part of the camp story. One of those sweet souls that has left an indelible mark on Wesley Woods went to be with the Lord last week. Mr. Gaultney, as many of us knew him, was a tireless worker for the Lord and a strong supporter of camp. He believed that every child should have the opportunity to come to this special place regardless of their financial situation. For many of the campers he sent, it was their first time hearing about Jesus and feeling the love of good Christian people.
Mary Blake
2/1/2018 08:16:21 am
I didn't know these things, but I am not surprised. What a sweet testimony. Thank you, Kendra, for sharing. My love and prayers go out to Anna and to her family.
Ruth Kiesel
2/4/2018 09:02:27 am
Amen! Thank you for your kind words. His was certainly a life well lived.
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All property information is the tour operators brochure description and is provided by an independent source. Facilities and amenities described herein can not be guaranteed by the Agent. All holidays are subject to availability changes. When a deal is gone, it is gone.
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Sinusitis Overview
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Loïc Faugeron is back again with the next part of his "Mars Rover" series of tutorials. In this new article he refactors the current code even more to make it more flexible in the long run.
In this series we're going to build the software of a Mars Rover, according to the following specifications. It will allow us to practice the followings: Monolithic Repositories (MonoRepo), Command / Query Responsibility Segregation (CQRS), Event Sourcing (ES) and Test Driven Development (TDD). Previously we've created a navigation package, and in it a LandRover class that validates input parameters for our first use case.
We've also started to refactor it by extracting coordinates in their own class. In this article we're going to further refactor LandRover
He found that the coordinates could become floats (or have additional values) and that the orientation could become an angular degree/be vertical. To help this situation, he pulls this logic out into an
Orientation class. True to the TDD methods, he starts with the phpspec test and generates the skeleton class based on them. He makes some simple edits to make the tests pass and updates the main
LandRover class to use the new
Orientation class for these positions.