The Coonawarra: a viticultural frontier? Or just a case of sour grapes?This paper discusses the definition of the Coonawarra Viticultural vit·i·cul·ture n. The cultivation of grapes. [Latin v tis, vine; see wei- in Indo-European roots + culture. Region by the Geographical Indications A geographical indication (sometimes abbreviated to GI) is a name or sign used on certain products or which corresponds to a specific geographical location or origin (eg. a town, region, or country). Committee of the Australian Wine
and Brandy Corporation The Australian Wine and Brandy Corporation, or AWBC, is an Australian Government authority that promotes and regulates the Australian wine and brandy industry. It was created in 1981 to replace the Australian Wine Board. . The paper focuses on the geographical elements,
critiques the extended process that resulted in the determination, and
provides some alternative suggestions based on geography.
********** By 1990 about 400 viticultural regions were recognised in Australia. In the late 1980s the need for formal definition arose as a result of international treaty obligations connected with trade and intellectual property rights. From 1994 a committee set up by the Australian Wine and Brandy Corporation (AWBC AWBC Australian Wine Brandy Corporation ) became responsible for the official delineation and definition of Australian viticultural regions. This was the Geographical Indications Committee (GIC GIC See: Guaranteed Investment Contract GIC See guaranteed investment contract (GIC). ). The committee of three worked within a framework of Regulations which were to give "geographical" guidance. In 1997, the GIC presented an Interim Determination for the Coonawarra Region. Whereas most previous determinations had proceeded with few problems, the Coonawarra Determination was to cause great discontent and conflict and, arguably ar·gu·a·ble adj. 1. Open to argument: an arguable question, still unresolved. 2. That can be argued plausibly; defensible in argument: three arguable points of law. , has still not been satisfactorily resolved. It had become a "frontier of dissent". BACKGROUND TO THE REGION This area of South Australia South Australia, state (1991 pop. 1,236,623), 380,070 sq mi (984,381 sq km), S central Australia. It is bounded on the S by the Indian Ocean. Kangaroo Island and many smaller islands off the south coast are included in the state. is part of the Murray-Darling Basin The Murray-Darling Basin being 3430km long, drains one-seventh of the Australian land mass and is currently by far the most significant agricultural area in Australia. Most of the 1,061,469 km² basin is flat, low-lying and far inland, and receives little rainfall. , which has experienced a series of marine incursions over geological time and the consequent accumulation of great thicknesses of marine sediments marine sediment Any deposit of insoluble material, primarily rock and soil particles, transported from land areas to the ocean by wind, ice, and rivers, as well as the remains of marine organisms, products of submarine volcanic activity, and chemical precipitates from including limestone (O'Driscoll, 1960). The sea began its most recent retreat from this area about a million years ago, leaving a series of fossil coastal sand dunes sand dune Hill, mound, or ridge of windblown sand or other loose material such as clay particles. Dunes are commonly associated with desert regions and seacoasts, and there are large areas of dunes in nonglacial parts of Antarctica. roughly parallel to the present coast (Sprigg, 1952, Blackburn et al, 1965) (Figure 1). Though locally called "ranges" the highest and most easterly of these, the East and West Naracoorte Ranges are only 50 to 60 metres above the plains to the west and 30 to 40 metres above the plains to the east. The relative elevation is a result of movement along the Kanawinka fault line (marked "KF") (O'Mara, 1957). Some 20km to the west of the Naracoorte Ranges is the Cave Range ("CR") which rises only 10 to 20 metres above the surrounding plain. The West Naracoorte Range is estimated to be between 720,000 and 770,000 years old and the Cave Range between 650,000 and 680,000 years (Drexel and Preiss, 1995). Between and roughly parallel to the Naracoorte and Cave Ranges lies a subdued sub·due tr.v. sub·dued, sub·du·ing, sub·dues 1. To conquer and subjugate; vanquish. See Synonyms at defeat. 2. To quiet or bring under control by physical force or persuasion; make tractable. 3. elongated e·lon·gate tr. & intr.v. e·lon·gat·ed, e·lon·gat·ing, e·lon·gates To make or grow longer. adj. or elongated 1. Made longer; extended. 2. Having more length than width; slender. surface feature in the form of a low platform (not shown in this figure). This platform extends for approximately 20 to 25 kilometres north-south and is about 2.5 kilometres wide at its maximum. It stands 1 to 2 metres above the surrounding countryside. Its origin is uncertain but may represent the degraded de·grad·ed adj. 1. Reduced in rank, dignity, or esteem. 2. Having been corrupted or depraved. 3. Having been reduced in quality or value. and weathered calcrete core of a fossil dune dune, mound or ridge of wind-blown sand formed in arid regions and along coasts. Dunes are common in most of the great deserts of the world. Often a dune begins to form because material is deposited by the wind as it encounters a bush, a rock, or other obstacle to . [FIGURE 1 OMITTED] The predominant soil on this platform is Terra Rossa. This is the most extensive occurrence of this soil type in the area though it occurs frequently throughout the region in discrete locations (Blackburn, 1959, 1964). Because of its shape it is generally referred to as "the cigar" and is shown in Figure 2, extending northwards north·ward adv. & adj. Toward, to, or in the north. n. A northern direction, point, or region. north from Penola and labelled "P" in black. The fossil dunes interrupt the movement of surface run-off to the coast, and flooding of the inter-dune corridors was a major obstacle to settlement. Extensive drainage works over the last 100 years have alleviated this problem. [FIGURE 2 OMITTED] From the beginning of settlement, wool was the main agricultural product of the area. From the 1850s more intensive orchard production occurred on the Terra Rossa platform, attracted by the suitable soil but also by the fact that the slight elevation gave some protection from flooding. For the same reason, the main regional centre, Penola, and the small township of Coonawarra, have grown up on the platform, and the main north-south road and railway are strategically located on or close to this strip. Viticulture and wine making also developed early and gradually replaced orchards as the main land use on the platform. John Riddoch had planted vines and in 1890-91 commenced wine making, using his own grapes and also some supplied by others who had planted vines rather than fruit trees. Others also attempted wine making, without much success, but William Redman established a winery win·er·y n. pl. win·er·ies An establishment at which wine is made. Noun 1. winery - distillery where wine is made wine maker in 1910, and achieved some commercial success, selling his wine to wineries outside the area, as did Riddoch. And so a wine region gradually evolved, and became widely known, associated with the name "Coonawarra", with an expansion of wine making in the years following the end of World War Two and the establishment of "Coonawarra" labels from the 1950s. Part of the image which has been promoted, rightly or wrongly, are the special and distinctive properties of the Terra Rossa soil for grape growing and wine making, and its association with the so-called "cigar". The heart or core of the Coonawarra is undoubtedly the "cigar". But, especially since the 1940s, viticulture has expanded off the platform onto suitable well drained A drain or vent for water, somewhat like a well or pit, serving to discharge the water of wet land. A drain conducting to a well or pit. See also: Well Well soils, including some Terra Rossa, but also onto related Rendzinas and other soils. Over the last 20 years or so the reputation of the Coonawarra for fine wines became firmly established. The ability to place the name "Coonawarra" on a wine label had become a very valuable asset in relation to market access, prices received for wines and grapes and thus also for land values. Growers and wine makers in the traditional core, on the Terra Rossa "cigar", came to resent the claims to their naming "rights" by the peripheral newcomers, despite the fact that some were in fact their suppliers and that some had used the name in good faith for decades. As yet the "Coonawarra Region" had no formal or legal definition. Figure 2 is based on Blackburn (1959, 1964) and shows his Soil Associations, together with Hundred boundaries and some other cultural landscape elements. Plotted and coded on this are some of the early proposals for Viticultural Regions which will be referred to later. EARLY ATTEMPTS TO DEFINE THE COONAWARRA The AWBC is the main controlling body of the industry, one of its functions being the recognition, in response to the wishes of the growers and winemakers in each region, of regional names and boundaries. Most grape growing regions A growing region is an area suited by climate and soil conditions to the cultivation of a certain type of crop. Most crops are cultivated not in one place only, but in several distinct regions in diverse parts of the world. have their own local industry organizations. At a meeting in October 1984 the Viticultural Council of the South East (VCSE VCSE VisualDSP++ Component Software Engineering ) resolved that the term "Coonawarra" should be applied to the Hundreds of Penola and Comaum. In 1985 this was confirmed and the area described as the "Coonawarra Viticultural Area" (outlined dashed in black on Figure 2). The decision was based on the plantings shown on the 1984 Department of Lands topographic maps (Data West Research Agency definition: see GIS glossary.) A map depicting terrain relief showing ground elevation, usually through either contour lines or spot elevations. The map represents the horizontal and vertical positions of the features represented. and which were largely confined con·fine v. con·fined, con·fin·ing, con·fines v.tr. 1. To keep within bounds; restrict: Please confine your remarks to the issues at hand. See Synonyms at limit. to these two Hundreds and at that time mainly concentrated on the "cigar". This was the first formal, though not legal, definition. It was not unanimous and was made without the involvement of all interested parties. Nevertheless, almost 20 years later, it would assume legal significance. In 1984 a local grower proposed a more extensive region, to be called "Penola", not Coonawarra, while in March 1992 an even more extensive proposal was submitted to the AWBC. This included the Hundreds of Killanoola, Monbulla, Nangwarry and Grey and also was to be known as "Penola", even though it did not include the Hundred of Penola nor the town. This is shown in Figure 2 in orange. The proposal was modified in May 1993 to include the town of Penola and an area to its south in the Hundred of Penola (shown in Figure 2 as a dotted orange line). This submission was withdrawn in August 1993 with the grape grower applying for inclusion within "Coonawarra". In November 1993 the Coonawarra Grape Growers Association Inc. (CGGA) submitted an application to the AWBC for a regional ascription as·crip·tion n. 1. The act of ascribing. 2. A statement that ascribes. [Latin ascr which was based on the "cigar" but excluded the town of Penola and included a number of detached "islands" of peripheral vineyards to the east and south. This was an attempt to define those with traditional affiliation with the name, and also to include those with specific commitments to viticulture. The areas are shown on Figure 2, shaded red Shaded Red was a popular Christian alternative rock band from Denver, Colorado, in the United States. Formed in 1993 by brothers Jamie Roberts (Vocals and Guitar) and Jonathan Roberts (guitars, bass, trumpet, piano). . This "non-contiguity" was to cause problems. FORMAL PROPOSALS: GIC The Australian Wine and Brandy Corporation Amendment Act 1993 established the Geographical Indications Committee (GIC) as a separate statutory body that had the potential to avert threatened conflict. The committee comprises three members, an independent presiding pre·side intr.v. pre·sid·ed, pre·sid·ing, pre·sides 1. To hold the position of authority; act as chairperson or president. 2. To possess or exercise authority or control. 3. member appointed for three years, a grape grower representative and one to represent the winemaking industry. There is no requirement that a member be a geographer! The non-presiding members have no specific term of office and can be replaced in any determination if conflict of interest arises, as happened in the case of Coonawarra. The Committee examines applications for regional definitions and then determines and formally defines the regional boundary. An important feature of the legislation which set up the committee is that the GIC does not impose a regional boundary "from above", but arrives at a definition which reflects the wishes of the grape growers and wine makers involved. Related to this is the requirement that the process of defining regions should be "inclusive" not "exclusive". That is, the committee should look for reasons to include those who wish to be included, rather than reasons for keeping them out. The Committee operates within a set of regulations and of particular relevance are Regulation 24 which attempts to define "region" and "sub-region" and Regulation 25 which sets out the variables which the Committee should consider when making a regional determination (Foale and Smith, 2001). Regulation 24 A Sub-Region is an area of land that is "part of a region and is discrete and homogeneous in its grape growing attributes to a degree that is substantial". A Region is an area of land that "may comprise one or more sub-regions" and is a single tract of land that is "discrete and homogeneous in its grape growing attributes to a degree that is measurable and is less substantial than a sub-region". Regulation 25 (1) Whether the region falls within the definition of a subregion sub·re·gion n. A subdivision of a region, especially an ecological region. sub re ,
a region, a zone or any other area
(2) The history of the founding and development of the area, ascertained from local government records, newspaper archives, books, maps or other relevant material (3) The existence in relation to the area of natural features, including rivers, contour contour or contour line, line on a topographic map connecting points of equal elevation above or below mean sea level. It is thus a kind of isopleth, or line of equal quantity. lines and other topographical features; (4) The existence in relation to the area of constructed features, including roads, railways, towns and buildings; (5) The boundary of the area suggested in the application to the Committee under section 40R; (6) Ordnance survey map Ordnance Survey map n (Brit) → carte f d'État-major Ordnance Survey map n (BRIT) → carta topografica dell'IGM grid references grid reference Noun a series of numbers indicating the location of a point on a map in relation to the area; (7) Local government boundary in relation to the area; (8) The existence in relation to the area of a word or expression to indicate that area including: (i) Any history relating to relating to relate prep → concernant relating to relate prep → bezüglich +gen, mit Bezug auf +acc the word or expression; and (ii) Whether, and to what extent, the word or expression is known to wine retailers beyond the boundaries of the area; and (iii) Whether and to what extent the word or expression has been traditionally used in the area or elsewhere, and (iv) The appropriateness of the word or expression; (9) The degree of discreteness and homogeneity Homogeneity The degree to which items are similar. of the proposed geographical indication in respect of the following attributes: (i) The geological formation of the area; (ii) The degree to which the climate of the area is uniform, having regard to the temperature, atmospheric pressure atmospheric pressure or barometric pressure Force per unit area exerted by the air above the surface of the Earth. Standard sea-level pressure, by definition, equals 1 atmosphere (atm), or 29.92 in. (760 mm) of mercury, 14.70 lbs per square in., or 101. , humidity, rainfall, number of hours of sunshine and any other weather conditions experienced in the area throughout the year; (iii) Whether the date on which harvesting a particular variety of wine grapes is expected to begin in the area is the same as the date on which harvesting grapes of the same variety is expected to begin in neighbouring areas; (iv) Whether part or all of the area is within a single drainage basin drainage basin: see catchment area. ; (v) The availability of water from an irrigation irrigation, in agriculture, artificial watering of the land. Although used chiefly in regions with annual rainfall of less than 20 in. (51 cm), it is also used in wetter areas to grow certain crops, e.g., rice. scheme; (vi) The elevation of the area; (vii) Any plans for the development of the area proposed by Commonwealth, State or Municipal authorities; (viii) Any other relevant traditional divisions within the area; (ix) The history of grape and wine production in the area. (10) The GIC was also not prohibited from having regard to any other relevant matters. It can be seen that some of these regulations have dubious geographical value. For example, the use of map grid references, normally 6 digits, which can define locations to within only 100 metres. In any case, grid references are not surveyed points, so that their use in defining legal boundaries is of doubtful validity. The surveyed and legal framework of the cadastre CADASTRE. A term derived from the French, which has been adopted in Louisiana, and which signifies the official statement of the quantity and value of real property in any district, made for the purpose of justly apportioning the taxes payable on such property. 3 Am. St. Pap. 679; 12 Pet. 428, n. is ignored. Atmospheric pressure is not spatially constant and so cannot be used to define a static boundary. But perhaps most important, to operationalise concepts such as "measurable", "discreetness", "homogeneity" and "less substantial" in grape growing attributes is difficult to say the least and no criteria for measurement are supplied. The GIC proceeded on a programme to determine formally Australia's viticultural regions, within the framework of its regulations. For most of the determinations there was minimal controversy or conflict. However, the previous application of these Geographical Indications in determining some regions is puzzling. For example the McLaren Vale This article discusses the wine region. For the township of the same name, see McLaren Vale, South Australia. McLaren Vale is a wine region approximately 35 km south of Adelaide in South Australia. Region is hardly "homogeneous in its grape growing characteristics" for it includes dramatic variation in geology, topography topography (təpŏg`rəfē), description or representation of the features and configuration of land surfaces. Topographic maps use symbols and coloring, with particular attention given to the shape and elevations of terrain. , soils, land use and microclimate microclimate Climatic condition in a relatively small area, within a few feet above and below the Earth's surface and within canopies of vegetation. Microclimates are affected by such factors as temperature, humidity, wind and turbulence, dew, frost, heat balance, , apparently ignoring most of the regulatory criteria. In December 1995 the CGGA and the Coonawarra Vignerons Association (CVA CVA abbr. cerebrovascular accident CVA, n See accident, cerebrovascular. CVA cerebrovascular accident. CVA Cerebrovascular accident, see there ) jointly applied to the GIC for the determination of a region within, but not including the whole of, the two Hundreds of Penola and Comaum. This was to embrace all existing vineyards in those Hundreds including those where financial commitment to establishment had been made as at June 30, 1995, and where viticultural approval had been given by the Penola Viticultural Council (PVC PVC: see polyvinyl chloride. PVC in full polyvinyl chloride Synthetic resin, an organic polymer made by treating vinyl chloride monomers with a peroxide. ). This appears to have been based on the CGGA submission of 1993 in that it encompassed the detached vineyards referred to above. It has not been plotted separately on Figure 2 because it was to be identical with the Interim Determination of the GIC. This was a boundary of expediency ex·pe·di·en·cy n. pl. ex·pe·di·en·cies 1. Appropriateness to the purpose at hand; fitness. 2. Adherence to self-serving means: . It did not conform to Verb 1. conform to - satisfy a condition or restriction; "Does this paper meet the requirements for the degree?" fit, meet coordinate - be co-ordinated; "These activities coordinate well" the GIC criteria in some respects, and ignored accepted regionalisation Regionalisation refers to the tendency to form regions or the process of doing so.
Also in December 1995, the Koppamurra Grape Growers Association (KGGA) applied for a Determination for a Koppamurra Region, later to be known as "Wrattonbully". This will be commented upon later. An application was made by a grape grower in June 1996 for a Coonawarra incorporating the Hundreds of Penola, Comaum, Joanna, Robertson, Killanoola and Monbulla (outlined in Figure 2 in yellow). The use of Hundreds as defining units suggests a surprising lack of appreciation of the subtleties and complexities of the environment and the vignerons' utilisation of it. COONAWARRA INTERIM DETERMINATION In April 1997, the GIC presented an Interim Determination for the Coonawarra Viticultural Region (shown outlined in black in Figure 2 and numbered as "1"), giving interested parties the opportunity to present objections prior to the Final Determination. This is clearly based on the 1995 CGGA and CVA proposal. To assist it the committee had access to considerable background material relating to geology, climate, geomorphology geomorphology, study of the origin and evolution of the earth's landforms, both on the continents and within the ocean basins. It is concerned with the internal geologic processes of the earth's crust, such as tectonic activity and volcanism that constructs new , soils, and history. Yet it appeared to have ignored much of this with a determination which simply restricted the region to land within the two Hundreds and related to the viticultural status at that time. The 60 metre contour at the foot of the Naracoorte Range was used as part of the eastern boundary on the assumption that it represented the limit of the last marine incursion in·cur·sion n. 1. An aggressive entrance into foreign territory; a raid or invasion. 2. The act of entering another's territory or domain. 3. and coincided with the Kanawinka fault, neither of which is correct and which are of doubtful relevance anyway! The 60 metre contour was then used as a guide in the southeast of the region cutting through an area of uniform geology, soil, climate and hydrology hydrology, study of water and its properties, including its distribution and movement in and through the land areas of the earth. The hydrologic cycle consists of the passage of water from the oceans into the atmosphere by evaporation and transpiration (or . To the west, apparently retreating to the 1984 and 1995 proposals, the Hundred boundary was used which also has no relationship with the biophysical features. Furthermore, the convoluted convoluted /con·vo·lut·ed/ (kon?vo-lldbomact´ed) rolled together or coiled. extension to the east, extending well beyond the 60 metre contour, was designed to include the detached vineyards to the east of the East Naracoorte Range with "historical rights". A group to the north who felt that their historical rights were at least as valid was excluded, while those around, and to the south of, Penola were included. There were 33 submissions (objections) following the Interim Determination. The lack of certainty regarding the north-west extent of Terra Rossa beyond the Hundred boundary was causing a reluctance to extend the boundary in that direction. Terra Rossa was assuming a dominant, though questionable, role, the Regulations requiring consideration of many variables other than soil in determining a Geographic Indication. However, in September 1997, a seismic/aeromagnetic survey which had been carried out by the mining sector, was used by one of the excluded growers to the north as "evidence" that the Terra Rossa extended beyond the Hundred boundary. Expert opinion on the validity of this conclusion was divided. A meeting in February 1998 of the GIC, CGGA and the CVA discussed the Koppamurra application and in October 1998 the Wrattonbully Wine Industries Association (WWIA), formerly the Koppamurra Grape Growers Association, reapplied for a Wrattonbully Region, extending north to Naracoorte and from the State border to the western margin of the Naracoorte Ranges. This however was held in abeyance A lapse in succession during which there is no person in whom title is vested. In the law of estates, the condition of a freehold when there is no person in whom it is vested. In such cases the freehold has been said to be in nubibus (in the clouds), in pendenti , presumably pre·sum·a·ble adj. That can be presumed or taken for granted; reasonable as a supposition: presumable causes of the disaster. because its boundaries would depend upon the outcome of the Coonawarra Determination. As a result of the considerable agitation and pressure, but still feeling that the information available was inadequate for a Final Determination, in February 1999, the GIC issued a "Variation to the Coonawarra Interim Determination" (shown in Figure 2 as "2"). Penola and the vineyards to the south remained but the easterly extension into and beyond the Naracoorte Range was excluded. Some recognition of the possible future existence of a Wrattonbully Region may have influenced this deletion. "Wrattonbully" was replacing "Koppamurra" as the preferred name preferred name the name amongst two or more which refer to a single disease, condition or clinical sign, which is recommended to be used generally. for this region. The Naracoorte Range system was regarded by the GIC as a logical part of Wrattonbully. In addition, the well-established group of vineyards to the north was now included. This was explained by the GIC as a consequence of its acceptance of the evidence, though disputed, of the seismic survey, referred to above, that the Terra Rossa did indeed extend into this area. The boundary of Coonawarra now extended beyond the Hundred of Comaum! In order to accommodate one grower, a small area in the southeast was also attached. This was because the GIC recognised that at the time there was no potential region with which that grower could identify. This consideration presumably caused the retention of the Penola area (1,2), but was not used for others to the north and west. The result was a more compact region, but still using much of the "logic" of the earlier determination. It still omitted some vineyards with a strong claim, and eliminated some which had been included in the first determination. And the more remote producers who considered that they had some claim, were still excluded. The number of objections to the variation increased to 49. In June 1999 the newly formed Coonawarra Penola Wine Industries Association (CPWIA) applied for an extensive region, which is shown as a solid red line on Figure 2. It included all of the Hundred of Comaum, most of Penola, and parts of, Spence n. 1. A place where provisions are kept; a buttery; a larder; a pantry. In . . . his spence, or "pantry" were hung the carcasses of a sheep or ewe, and two cows lately slaughtered. - Sir W. Scott. , Joanna, Robertson, Killanoola, Monbulla, Grey and Nangwarry. This was a group who were mainly peripheral to the "core" area of the two Hundreds and thus excluded by the GIC. The alleged ancient shoreline of the Cave Range was included in the west and the southern margins of Bool Lagoon lagoon Area of relatively shallow, quiet water with access to the sea but separated from it by sandbars, barrier islands, or coral reefs. Coastal lagoons have low to moderate tides and constitute about 13% of the world's coastline. in the north. The plains north-east of the Naracoorte Range and the State border bounded the eastern extent. The vineyards in the extreme south were also included. It was an all-encompassing proposal, which would have satisfied the applicants in one blow, but also cause considerable agitation amongst the coherent host of Coonawarra proper. It showed significant logic in the placement of the northern, western and southeastern boundaries. In effect it did away with the need for more than one regional determination to accommodate all interested parties. In June 1999 a revised radiometric-based boundary was proposed, but again was not regarded as sufficiently valid, was not pursued and is not plotted on Figure 2. In July 1999 the Naracoorte Lucindale District Council (DC) applied for the Hundreds of Penola, Monbulla, Comaum, Killanoola, Joanna and parts of Naracoorte and Jessie to be "Coonawarra" (shown in Figure 2 in blue). Interestingly, this incorporated the northern two thirds of the Penola DC but only a small part of Lucindale. This was rejected because, under the Act, a District Council is not entitled to apply. In late 1999 the GIC met separately with the CGGA, CVA, a joint committee of the CGGA and CVA, the Limestone Coast The Limestone Coast is a recently adopted name for the region in the southeast of South Australia. It includes the towns of Bordertown, Keith, Millicent, Mount Gambier, Penola, and Naracoorte, the coastal resorts of Beachport, Kingston SE and Robe, and the wine-growing regions of Wine Industry Council, the CPWIA, and the WWIA and considered a range of options for a Coonawarrra region. It is clear from the documentation accompanying the Final Determination, which will be described later, that during these consultations the GIC was becoming convinced that a Coonawarra Region should be centred on the "cigar" and confined spatially. To cater for all those growers who would thus be excluded, the creation of two other adjacent regions would be required, to be called "Penola" and "Wrattonbully". And so, in April 2000, the CPWIA formally applied for a Determination based on this "three region concept". A GEOGRAPHIC APPROACH One of the grape growers who had been included in the first interim determination and then excluded in the second, realising the value of a holistic approach holistic approach A term used in alternative health for a philosophical approach to health care, in which the entire Pt is evaluated and treated. See Alternative medicine, Holistic medicine. , sought to enrol two geographers (the authors) in order to press his claim. Convinced that the grape grower had a reasonable case, not only because of historical association with the "Coonawarra", but also because of the biophysical environment of the vineyard, the geographers set about preparing their argument. This they did by bringing together what they considered to be the important spatial variables including the geology and geomorphological ge·o·mor·phol·o·gy n. The study of the evolution and configuration of landforms. ge o·mor evolution of the region, soils, topography, hydrology, climate,
community of interest and the cadastre, attempting throughout to conform
to the GIC regulations. Climate constituted a vital element and its
various components, obtained from meteorological me·te·or·ol·o·gy n. The science that deals with the phenomena of the atmosphere, especially weather and weather conditions. [French météorologie, from Greek stations across the area, have been plotted and compared (Figure 3a). Climate obviously varies little across the area. Topography is plotted along the line W-X-Y on Figure 1 and is shown as Figure 3b with vertical exaggerations Vertical exaggeration (VE) is a scale that is used in raised-relief maps, plans and technical drawings (cross section perspectives). The exaggeration is used to emphasize vertical features, which might be too small to identify relative to the horizontal scale. of both 25:1 and 1:1. This demonstrates the relative topographical insignificance in·sig·nif·i·cance n. The quality or state of being insignificant. Noun 1. insignificance - the quality of having little or no significance unimportance - the quality of not being important or worthy of note of the Naracoorte Range complex. Figure 3b also includes the local geology and the location of the Kanawinka Fault is shown. The codes will be referred to later. [FIGURE 3 OMITTED] An important source of data became available about this time. This was the mapping of Land Systems by the Department of Primary Industries and Resources South Australia (PIRSA PIRSA Primary Industries Research South Australia (South Australian government body) PIRSA Passive Infrared Situation Awareness ) with supplementary data as "Soil Landscapes" (PIRSA, 1994). This provided further and more detailed information on the 21 relevant features which go to make up the Land System classification. They include soils, topography, hydrology and salinity. This mapping refined and to a large extent supplanted the work of Blackburn and others, and gave further strength and validity to the decision making process. Figure 4 shows a PIRSA Land System plot of the Coonawarra area, or district, and describes the Land System characteristics and their codes. The original is in colour. [FIGURE 4 OMITTED] The geographers concluded that the physical and cultural environment of this part of the South-East of South Australia is remarkably homogeneous. Regions which had already been defined by the GIC, for example the Barossa and McLaren Vale, contained far greater biophysical variation than was present in this area. This fact, in one sense, set a precedent, and opened the way for a wider interpretation of the GIC regulations. But the use of precedent is not logical if the precedent is flawed. On the other hand, perhaps it emphasised the need for a more rigorous application of the regulations. A problem in applying the regulations is the meaning of the terms "discrete" and "homogeneous". It is not unreasonable in these circumstances to assess their meaning against previous, noncontentious determinations. In fact the GIC proposal appeared to have the characteristics of a "sub-region" located within a wider "Coonawarra Region" yet to be defined, rather than a region in itself. These factors presented problems. Where in a relatively uniform physical/social landscape can a boundary be drawn? Since viticulture is very much dependent upon the physical nature of the land and all the other relevant factors appeared either too homogeneous or poorly identified or difficult to identify, it seemed to the geographers that the PIRSA Land Systems should play a major role in defining the Coonawarra Region. The PIRSA Land Systems incorporated the most relevant physical determinants, apart from what many see as the most important, namely climate, which in any case varied little across the area. In addition, the land system boundaries had been mapped in some detail, though legal definition of a regional boundary would require that they be related to the cadastre. However, the spatial relationship between the Land Systems and the cadastre was clearly strong enough for reasonably detailed and accurate plotting. A further problem lies in the fact that the natural Land Systems continue into Victoria. A rational consequence would be a region which extended across State boundaries Noun 1. state boundary - the boundary between two states state line border, borderline, boundary line, delimitation, mete - a line that indicates a boundary . But though the state border constitutes an illogical social, economic, administrative and political "frontier", it is probably too well fortified fortified (fôrt adj containing additives more potent than the principal ingredient. to penetrate. Using the PIRSA Land Systems, together with other researched data, including climatic data, the geographers attempted a regional definition, and in July 1999 submitted a detailed preliminary report which included a proposed boundary. The purpose of the exercise was to define, in a logical and consistent manner, a Coonawarra Region which encompassed the areas most suitable for viticulture and at the same time remain compact and coherent and avoid potential future problems. The logical way to portray this was in cartographic car·tog·ra·phy n. The art or technique of making maps or charts. [French cartographie : carte, map (from Old French, from Latin charta, carta, paper made from papyrus form. This is shown on Figure 2 as a dotted yellow line and again in Figures 5 and 6. The fact that the GIC determination had produced a relatively compact and cohesive region was recognised and kept in mind. [FIGURES 5-6 OMITTED] Preliminary plotting, by hand, of the PIRSA Land Systems and Soil Landscapes on the 1:50 000 topo/cadastral maps provided some valuable insights into the physical and cultural relationships. Even though the cadastre, as a matter of historical expediency, tended to be oriented to the cardinal points cardinal points Noun, pl the four main points of the compass: north, south, east, and west , there was clear evidence that it had, in parts, accommodated existing biophysical and cultural elements in the landscape. Field reconnaissance reinforced the geographers' confidence in both PIRSA's and the Department of Lands' methodology and consequently, the validity of using their data as the basis for boundary plotting. Strong correlation was observed between the mapped Land Systems and the land use, especially the location of grape production, and the terrain and vegetation. Again, this reinforced confidence in the Land System methodology and in the ability of vignerons to make the correct land use decisions, at least in relation to the biophysical environment. The base map for Figure 5 is a computer plot of PIRSA data, showing the Land Systems from Figure 4; topography, with the 60 metre contour emphasised; surface hydrology; the cadastre in magenta, with Hundred boundaries emphasised. The Kanawinka and Lucindale faults are portrayed in deep brown. The earlier proposals portrayed in Figure 2 have been omitted for the sake of clarity while other boundaries shown on the map will be referred to later. The inclusion of the Naracoorte Land System (NRC NRC abbr. 1. National Research Council 2. Nuclear Regulatory Commission Noun 1. NRC - an independent federal agency created in 1974 to license and regulate nuclear power plants ) to the east was a major consideration, and was based on the fact that it was derived from the marine sediments of the plain to the west, giving it a direct genetic and generic relationship with the "Coonawarra" as defined by the GIC. It also included some soils well suited to viticulture including Terra Rossa and related soils. In addition, the escarpment escarpment or scarp, long cliff, bluff, or steep slope, caused usually by geologic faulting (see fault) or by erosion of tilted rock layers. An example of a fault scarp is the north face of the San Jacinto Mts. in California. , to the crest of the Range, has a greater locational association with the western plains that it faces than with the relatively higher plains to the east. The eastern margin of this System and the cadastre are largely co-incident with the eastern shoulder of the East Naracoorte Range. The geographers were also aware of the existence of some vineyards on the plains to the north-east, to which the name Wrattonbully is loosely applied, and considered that their "Coonawarra" should not extend too far in that direction for fear of undermining the integrity of that area which was almost certain to be formally defined in the near future. The geographers were not formally required to provide a cartographic definition, but merely to present a case for the inclusion in a "Coonawarra", wherever the boundary was placed, of the grape grower who had sought their services. However, geographers, being what they are, felt impelled im·pel tr.v. im·pelled, im·pel·ling, im·pels 1. To urge to action through moral pressure; drive: I was impelled by events to take a stand. 2. To drive forward; propel. to express their arguments spatially and included a plot of the boundary of what they considered would be a logical Coonawarra. Having proposed inclusion of the Naracoorte Range, the problem was to link it to the GIC determination or to follow it with such modifications as seemed appropriate in view of the above observations. The eastern margin of the NRC Land System was therefore chosen as the north-eastern boundary. To the north, a surveyed road cutting through a low point in the range, was selected as a logical border. This entered the western plain to the north of the GIC boundary but close to the common boundary of the Maaoope (MAO MAO - An early symbolic mathematics system. [A. Rom, Celest Mech 1:309-319 (1969)]. ) and Glen Roy Glen Roy, valley, Highland, W Scotland, E of Loch Lochy. The Parallel Roads, three terraces on each side of the valley at corresponding heights, are believed to mark receding levels of a lake that once filled the valley. (GLR GLR Great Lakes Region GLR Global Learning Resources, Inc (Fremont, CA) GLR Greater London Radio GLR Generalized Likelihood Ratio GLR Glare GLR Gaylord, Michigan (Airport Code) ) Land Systems, the former being generally too prone to waterlogging For the financial term, see watered stock. Waterlogging is a verbal noun meaning the saturation of such as ground or the filling of such as a boat with water. Ground may be regarded as waterlogged when the water table of the ground water is too high to conveniently permit for viticulture. This common boundary was followed briefly in the north, and although logic would have seen the boundary continue along the edge of the MAO, in the absence of PIRSA data for that area at that time, a straight line boundary was the best option, through the GLR, to meet up once more with the boundary between the GLR and MAO Land Systems. This was then followed southwards south·ward adv. & adj. Toward, to, or in the south. n. A southward direction, point, or region. south until meeting the boundary of the Krongart (KRG KRG Kurdistan Regional Government KRG Key Resource Group (Los Angeles, California) KRG Killology Research Group KRG Knoxville Repeater Group ) Land System. In doing this, a significant area of GLR to the south-west, partially separated from the main body by a small tongue of MAO, was excluded, although logic and consistency would have it included. The perceived need for restraint influenced this decision. Since the KRG Land System was also considered generally unsuited unsuited Adjective 1. not appropriate for a particular task or situation: a likeable man unsuited to a military career 2. for viticulture, though not to the same extent as the MAO Land System, its northern boundary, coincident co·in·ci·dent adj. 1. Occupying the same area in space or happening at the same time: a series of coincident events. See Synonyms at contemporary. 2. with the GLR was followed until its intersection with the Nangwarry (NGW NGW National Guitar Workshop NGW NextGenWalkthroughs.com NGW Natural Gas Week (publication) NGW Next Generation Workstation NGW Nomad Golf WRX NGW Novell Groupwise NGW Network Gateway NGW Notification Gateway ) Land System. This also is considered unsuitable for viticulture and is largely planted to pine. The boundary between the NGW and Kalangadoo (KLN KLN Kowloon KLN Kowloon (Hong Kong) KLN Kentucky Library Network ) Land Systems was followed to its intersection with the Victorian border, which was then followed northward north·ward adv. & adj. Toward, to, or in the north. n. A northern direction, point, or region. north to link up with the point of origin. A plot and preliminary report were submitted to the GIC (Foale and Smith, 1999). THE FINAL DETERMINATION In its "Statement of Reasons" (GIC, 2000) the GIC explained it had considered a range of options in arriving at its Final Determination: 1. Region "Greater Coonawarra" extending from Naracoorte to south of Penola with subregions, "Coonawarra", "Wrattonbully", "Penola" 2. Regions "Wrattonbully" and "Penola" with subregion "Coonawarra". 3. Regions "Greater Coonawarra" and Wrattonbully" with subregion "Coonawarra". 4. Regions "Coonawarra" and "Wrattonbully" with subregion "Coonawarra Terra Rossa". 5. Regions "Coonawarra" and "Wrattonbully". 6. Regions "Coonawarra", "Penola" and "Wrattonbully". Having considered all the evidence and all the proposals and all the conflicting interests, while one member of the committee favoured the two region concept (option 5), the GIC decided, by a majority of two to one, to adopt the "three region solution" (option 6), and in May 2000 issued their Final Determination for the Coonawarra, and at the same time Interim Determinations for a "Wrattonbully Region" and a "Penola Region". These boundaries have been plotted in green on Figure 2 to permit comparison with earlier proposals and on Figure 5 (though largely obscured by later boundaries), and the regions coded "C", "P" and "W". The decision involved a "Coonawarra" at the core and a large "Penola Region" surrounding it on all sides except the north-east where "Wrattonbully" completed the encirclement. The "Coonawarra" itself was based on the GIC Variation to the Interim Determination, but with some amendments. Vineyards in the north (area labelled "2" in Figure 2) had been excluded in the Interim Determination, included in the Variation and excluded in the Final Determination. These now became part of "Penola"! To the south (area labelled "1,2" in Figure 2) vineyards included in the Interim Determination and its Variation were now ceded to Penola, which also annexed the small area in the south-east ("2" in Figure 2). The area in the Naracoorte Ranges in the north-east which had been included in the Interim determination and then excluded in the Variation (labelled "1" in Figure 2) was now won by "Wrattonbully". The "Coonawarra" thus reverted to the core area marked "1,2,3" on Figure 2. "Penola" followed, in essence, the June 1999 proposal, but surrendered the north-east sector, beyond the Naracoorte Ranges, to the extensive "Wrattonbully". The Penola Region extended to Bool Lagoon in the north and beyond the Cave Range in the west. The most remote vineyards in the south were also included as well as the town of Penola and also some of the forested areas to the southeast of Coonawarra. The State border again served as a boundary in the east. The area to the north-east of "Coonawarra" was designated "Wrattonbully", reflecting the WWIA proposal of 1998, and extended ambitiously to the north of Naracoorte, encompassing the vineyards there, to the Victorian border in the east, and the western toe of the Naracoorte Range in the west. And so now all the vineyards were in the potential control and protection of a benevolent authority. Coonawarra had been surrounded! The Determination was especially illogical since the town of Penola, which was excluded from "Coonawarra", is the main service centre for the whole of this part of the South-East. A Coonawarra Region which does not include the main service centre makes no sense. Thus a grape grower from around Bool Lagoon in the north of the proposed Penola Region, travelling south along the main road to Penola, would enter the Coonawarra Region, pass through the township of Coonawarra, leave the Coonawarra Region and re-enter re·en·ter also re-en·ter v. re·en·tered, re·en·ter·ing, re·en·ters v.tr. 1. To enter or come in to again. 2. To record again on a list or ledger. v.intr. the Penola region, arrive at the town of Penola and pick up his supplies or deliver his grapes!! In effect it made Coonawarra a sub-region of "Penola". In the "Reasons for the Determination" a new criterion was introduced to justify the placement of the western boundary so as to include some, but not all, of the Glen Roy (GLR) Land System, and the eastern boundary to include some, not all, of the Kalangadoo (KLN) Land System, namely proximity to the "cigar"! Is it possible that winds could blow some of the grape growing goodness of the "cigar" onto adjacent areas? At the same time the area around and to the south of Penola, on the same land system as the "cigar"--the Penola Land System--and more "proximate proximate /prox·i·mate/ (prok´si-mit) immediate or nearest. prox·i·mate adj. Closely related in space, time, or order; very near; proximal. proximate immediate; nearest. " than large areas which had been included, had been excluded and allocated to the proposed Penola Region. The result was a boundary which became a frontier of dissent and which did not meet the needs of either camp. Unlike the traditional frontier, dissidents occurred in both camps and the aggressors were not trying to storm the frontier with rape and pillage PILLAGE. The taking by violence of private property by a victorious army from the citizens or subjects of the enemy. This, in modern times, is seldom allowed, and then, only when authorized by the commander or chief officer, at the place where the pillage is committed. in mind, but on the contrary were trying to persuade those blessed by inclusion to accept them by extending their frontier. The aggressors were in fact asking to be conquered so that they could share the bounty bounty, payment made by a government bounty, amount paid by a government for the achievement of certain economic or other goals. It often takes the form of a premium paid for the increased production or export of certain goods. that the name "Coonawarra" would bring. However, their desires were resented and resisted by those grape growers and wine makers who had been included. There were some subtle and long-term problems hidden within the GIC determination. For example, areas fortuitously for·tu·i·tous adj. 1. Happening by accident or chance. See Synonyms at accidental. 2. Usage Problem a. Happening by a fortunate accident or chance. b. Lucky or fortunate. included within the new boundary which were not at the time used for grape production might in the future be so developed, thus reaping the benefit of the Coonawarra name, without the "historical" right or the expense and trauma of litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. . This would also have an obvious impact on land values. Some included landholders may abandon viticulture. Others, on land with identical grape growing characteristics as areas within the boundary, and with long term association with the region and the name, were excluded. Some of these were literally on the other side of a property boundary fence. Long-term users of the name who were excluded would look with anger at the newcomers over the fence. A decision based on the situation at an arbitrary date is not logical. Human history is a continuum, compared with which the physical environment is relatively stable. The determination of the boundary, based in part on precedence and in part on dubious interpretation of the biophysical and cultural elements of the landscape, also posed a potential problem for the likely future establishment of adjacent viticultural regions. Their integrity should not be compromised by premature inclusions. Division based on factions, has shown over the centuries to breed dissent and conflict, often not surfacing for decades. And if significant areas incorporating existing and potential vineyards are excluded, where should their affiliation lie? ADMINISTRATIVE APPEALS TRIBUNAL The Administrative Appeals Tribunal (AAT) is an Australian tribunal which provides for quasi-judicial review of administrative decisions by the Australian federal government. The result of this Determination was to be expected. Some 46 of the excluded grape growers appealed against the decision of the GIC, their appeals to be heard before the Administrative Appeals Tribunal (AAT Alpha-1-antitrypsin (AAT) A blood component that breaks down infection-fighting enzymes such as elastase. Mentioned in: Chronic Obstructive Lung Disease ). Initially, individuals or small groups of growers contracted solicitors to handle their claims. There appears to have been little coordination at first, with each Applicant seeking support from expert witnesses in a bewildering be·wil·der tr.v. be·wil·dered, be·wil·der·ing, be·wil·ders 1. To confuse or befuddle, especially with numerous conflicting situations, objects, or statements. See Synonyms at puzzle. 2. range of topics which reflected, in part, their own views of what issues were important and applied to them. All of this material was presented in a series of reports with little cohesion. One of the solicitors realised the problems inherent in the individual approach and sought to bring the Applicants together to mount a coordinated attack A carefully planned and executed offensive action in which the various elements of a command are employed in such a manner as to utilize their powers to the greatest advantage to the command as a whole. in the form of a Class Action. In response, some of those who had been included in the GIC region, in particular those in the traditional nucleus of the Terra Rossa "cigar", continued to oppose those whom they saw as attempting to usurp u·surp v. u·surped, u·surp·ing, u·surps v.tr. 1. To seize and hold (the power or rights of another, for example) by force and without legal authority. See Synonyms at appropriate. 2. the name "Coonawarra". These, the Respondents, amongst whom were some powerful wine making companies, enrolled their own expert witnesses, some even from overseas, and prepared their own set of reports, equally biased and lacking in understanding of the principles of regionalisation. This was arming for war! What was at issue was a set of interrelated in·ter·re·late tr. & intr.v. in·ter·re·lat·ed, in·ter·re·lat·ing, in·ter·re·lates To place in or come into mutual relationship. in , biophysical and cultural, spatial variables. Yet none of the Applicants or Respondents thought to provide a solution to the problem either verbally or even in the form of a map, which is of course the ultimate graphic expression of these spatial variables. However, the solicitors for the Applicants realised the essential role of the map and set the same geographers another task. Assuming that all Applicants had their appeals upheld for whatever reasons, that is, the Appeals Court accepted that they all had the right to belong to a Coonawarra Region, where should the boundary be located? The bases for the claims were varied and included for example long association with wineries in the Coonawarra/Penola area, the presence on their properties of Terra Rossa soils, and a similar climate to the region defined in the Final Determination. Many other themes, of varied relevance, were developed. By this time the services of a GIS (1) (Geographic Information System) An information system that deals with spatial information. Often called "mapping software," it links attributes and characteristics of an area to its geographic location. consultant were made available to the Applicants which facilitated the mapping and spatial correlation of data. In particular the locations of the properties of the 46 applicants could be correlated with the other data--Land Systems, cadastre, GIC determinations and a range of biophysical variables. The holdings of these Applicants are plotted in black on Figure 6. The boundary proposed by the geographers took account of the PIRSA Land Systems, paying particular attention to their suitability for viticulture, as well as climate, hydrology, community of interest and the cadastre, as they had done previously. The principle of "inclusivity" was a major consideration. The need to address the possible inclusion of the applicants whose properties fell within the guidelines resulted in an expanded boundary, extending to the Cave Range in the west, areas to the south and to the north-east on the Pinnaroo Block. To the north and north-west there is significant coincidence with the GIC's Interim Determination for a Penola Region, although the geographers' boundary was arrived at independently. Some fine tuning Fine Tuning is the name of XM Satellite Radio's eclectic music channel. The program director for Fine Tuning is Ben Smith. The channel is described as "A musical oasis for the sophisticated listener culled from every imaginable genre and country. was employed in the south-east sector. In fact the boundary cut through some properties at the edge of the region which contained areas of both favourable and unfavourable systems. In striking fashion, these applicants all had their vines on those parts of their holdings which were on the suitable Land System, and thus included. The inevitable inclusion of non-viticultural land within the proposed region was in keeping with normal regional practice, but was a cause for concern among some of the legal fraternity. But few regions are monocultural. This was a new "frontier", which was relatively more extended, diffuse, and in some parts less viable, particularly in the west, extreme south and in the north-east. Elsewhere it made good sense. The boundary was presented in map form to the Tribunal (shown as a thin, solid, yellow line on Figure 5), as well as a detailed report which included a summary of the geographers' researched data (Foale and Smith, 2001). The geographers had earlier aired the possibility of a region and sub-region solution, which would conform to the regulations. The Barossa Region for example contains two subregions, the Barossa Valley Barossa Valley (bərô`sə), region of South Australia, S Australia. A major area of wine production 40 mi (64 km) NE of Adelaide, the valley was named by Colonel William Light for the British victory over the French in the Battle of and the Eden Valley Eden Valley is the name of several places:
tr.v. be·sieged, be·sieg·ing, be·sieg·es 1. To surround with hostile forces. 2. To crowd around; hem in. 3. nor the besiegers! The potential extension of the "frontier" only fuelled the resistance of the besieged still further. The class action, supported now by a battalion of legal reinforcements, in turn backed up with an army of expert witnesses, but confronted by a similar force, was heard before the AAT in March and April 2001. The hearing before the AAT was held over 25 days with the final decision to be made by the presiding judge presiding judge n. 1) in both state and federal appeals court, the judge who chairs the panel of three or more judges during hearings and supervises the business of the court. . The army of expert witnesses on both sides presented a bewildering array of evidence, much of which was irrelevant and served only to cloud the issues. The battalion of barristers subjected the witnesses to a constant and fierce barrage of crossfire A multi-GPU interface from ATI for connecting two ATI display adapters together for faster graphics rendering on one monitor. CrossFire machines require PCI Express slots, a CrossFire-enabled motherboard and, depending on which models are used, either a pair of ATI Radeon adapters or one . It had become apparent during the proceedings that as information relating to the biophysical, social, economic and cultural environment crossed the divide into the legal domain there arose problems of interpretation and understanding, a conceptual-legal "frontier". Thus it was difficult to incorporate within the rigid legal process, the principle that a region may be defined differently depending upon the criteria used and the relative weights placed on those criteria. Thus, when the hearing closed there was a feeling amongst many of the applicants that the essentials had not been fully understood. The battlefield was unfortunately confrontational rather than conferential and so counterproductive coun·ter·pro·duc·tive adj. Tending to hinder rather than serve one's purpose: "Violation of the court order would be counterproductive" Philip H. Lee. . The real legal and conceptual frontier had not been resolved. An uneasy peace lasted until the Tribunal's finding was handed down. THE JUDGEMENT It took five months for the Appeal Court to reach its decision, which was announced in October 2001. In spite of the weeks of legal argument, the volumes of evidence relating to topography, geology, climate, soils, hydrology, salinity, land systems, grape growing requirements, factors affecting grape quality, timing of harvest, marketing image and historical affiliation, and the processions of expert witnesses, the decision appears to have been based largely on the historical event that in 1984 there had been partial agreement amongst some growers in the area that "Coonawarra" should be confined to the two Hundreds of Penola and Comaum. The straight lines of the Hundred boundaries are easily understood! The boundary was defined by text only, no map being presented. However the boundary has been plotted by the authors as a dotted line coloured red-brown on Figure 5. Again, a lack of understanding is evident, this time by the Appeals Tribunal. The legacy of the two Hundreds remained. In the north, the Hundred boundary was used in part, but with a diversion to include one lucky Applicant. A few of those included in the First Interim Determination but excluded in the Final were fortunate, though many with demonstrated rights were excluded. To the west, despite the general criticism of the use of the Hundreds as regional boundaries, even greater use was made, and the full western edge of the two Hundreds formed the boundary. Part of the southern boundary also followed the Hundred, and then linked with the GIC Interim Determinations and with the geographers' boundary, from where it deviated into the pine plantations of the Nangwarry Land System. The southerly extension included all of the Applicants in the Penola area who had been excluded in the Final Determination. The former extension to the north-east was resurrected and extended with a considerable length of the Victoria-South Australia border used as the regional boundary. This linked through the Naracoorte Ranges, with the former 60 metre contour, to rejoin re·join 1 v. re·joined, re·join·ing, re·joins v.tr. To say in reply, especially in sharp response to a reply. v.intr. To reply. the Hundred boundary to the north. The effect was to include some of the Applicants as well as other actual or potential grape growers, but exclude others (shown on Figure 6). The AAT directed the GIC to implement its boundary but the GIC had difficulty in interpreting the AAT description. In the event, it set aside plotting because of the probability of further appeals. The decision of the Appeals Tribunal not only replaced the Coonawarra Final Determination of the GIC but also made obsolete its interim proposals for Penola and Wrattonbully Regions. With 24 of the contestants satisfied, by inclusion within the new boundary, and the remainder exhausted, for a moment the battlefield appeared quiet. But five of the remaining 22 decided to fight a rear guard battle. The fragile frontier was challenged once again. There again remained "unoccupied" land, with no allegiance and a latent desire for membership; and the traditional tribe still harboured resentment towards the interlopers INTERLOPERS. Persons who interrupt the trade of a company of merchants, by pursuing the same business with them in the same place, without lawful authority. . But, would the Wrattonbullies descend from their upland ramparts
adj. 1. Feeling, expressing, or characterized by envy: "At times he regarded the wounded soldiers in an envious way.... eyes beyond the western swamps or the Gambier gambier: see catechu. Mounted infiltrate infiltrate /in·fil·trate/ (in-fil´trat) 1. to penetrate the interstices of a tissue or substance. 2. the material or solution so deposited. in·fil·trate v. 1. the southern plains? Would the Naracoortiers resent the dominance of the Wrattonbullies and force them back beyond Mosquito Creek Mosquito Creek may refer to:
FEDERAL COURT APPEAL Early in 2002, five Applicants who had been excluded from the AAT Determination, took their appeals to the Federal Court of Australia The Federal Court of Australia is the Australian court in which most civil disputes, and some summary criminal matters, governed by federal law are decided. Cases are heard at first instance by single Judges. (FCA FCA Abbreviation for the Free Carrier ). The properties of three of these applicants are located very close to the AAT boundary in the north and two are close in the west. Following hard on their heels and opposing their inclusion, were some of the "core" grape growers and wine makers from inside the frontier, as well as the GIC, the CGGA and the CVA. The locations of these five Applicants are not identified on the map. In September 2002 the FCA found in favour of the five Applicants. In doing so the FCA had overturned the AAT Determination, which in turn had set aside the GIC Interim and Final Determinations. The FCA instructed the legal representatives of the five and those of the Respondents, along with the GIC, to agree on a boundary that would include the five but not include the remaining Applicants whose appeal had been rejected by the Appeals Tribunal but had not pursued their case in the higher court. At the same time, those who were previously included should remain so. This boundary was then to be remitted to the GIC for formal definition. In its "Reasons for Judgment" the Court was critical of the AAT in a number of areas and in particular for its use of the Hundred boundaries of Penola and Comaum as an "exclusionary device", as the major determinant determinant, a polynomial expression that is inherent in the entries of a square matrix. The size n of the square matrix, as determined from the number of entries in any row or column, is called the order of the determinant. of who should and should not be included in the region. This the FCA criticised as a misunderstanding of Regulation 25. The intent of a geographical indication is that it should: ... indicate a wine, the characteristics of which are essentially attributable to the region where the grapes, from which it is made are grown. The characteristics of wine essentially attributable to the region where the grapes are grown will not be influenced by the location within that region of local government or land survey boundaries administratively fixed for reasons unrelated to soil, climate or other conditions which bear on grapevine horticulture (Federal Court of Australia, 2002, paragraphs 58 and 59). In using the Hundred boundaries the AAT had also ignored the requirements of Regulation 24. In the definition of "region" there is not the slightest hint that pre-existing administrative boundaries, such as those fixed for local government or land survey purposes for reasons unrelated to grape growing attributes of the land, could have any relevance to identifying the relevant single tract of land that is discrete and homogeneous in its grape growing attributes to the requisite degree (Federal Court of Australia, 2002, paragraph 65). The FCA downgraded the significance of the 1984 Viticultural Council resolution confining con·fine v. con·fined, con·fin·ing, con·fines v.tr. 1. To keep within bounds; restrict: Please confine your remarks to the issues at hand. See Synonyms at limit. the Coonawarra to the two Hundreds of Penola and Comaum on which the AAT had placed such importance. The resolution had not been presented to members in advance of the meeting and ... it seems clear that the boundary proposed by the resolution was not a boundary based on any research or expert evidence. At the most, the resolution provides some evidence that some viticulturists knowledgeable in and about the area considered that the region which produced grapes from which wine recognised as "Coonawarra" was made, extended beyond--and well beyond--the cigar (Federal Court of Australia, 2002, paragraph 68). In effect the Court was questioning the present relevance of the "cigar" in defining the boundary. For the AAT "proximity" to the cigar had been an important factor and in its "Reasons" had argued: Whether one characterises it as a "marketing tool" or even challenges the homogeneity of the cigar itself, it is historically and scientifically the signature of the Coonawarra Wine Region. Proximity to this strip of arable soil would be in our view, an important factor in the determination of the boundary. Because of this, we do not consider, at this time, unless an overwhelming countervailing reason was demonstrated that land outside the two Hundreds and not proximate to the topography of the cigar could justify inclusion in a Coonawarra Wine Region (Administrative Appeals Tribunal, 2001, paragraph 137). Whatever the validity of this view, it had not been used consistently or logically by the AAT, the five Applicants being far more "proximate" than many whom the AAT had included. Thus the FCA pointed out that: The eastern boundary of the GIC Determination included land to the east of the cigar--at some points extending five to six and a half kilometres to the east. The GIC determination to the north barely extended beyond the cigar, and to the south did not include all of the cigar on the basis that the township of Penola should not be included in the Determination (Federal Court of Australia, 2002, paragraph 72). The AAT boundary extended the eastern boundary even further, "as far as the Victorian border". Finally, the AAT had excluded some of the Applicants on the ground that inclusion would require the incorporation of an intervening area, which would compromise the homogeneity of the region Inclusion would involve the addition of a tract of intervening unsuitable ground to the region which would affect its homogeneity. This factor outweighs, in our view, the particular historical evidence of connection to the Coonawarra Region presented to us (Administrative Appeals Tribunal, 2001, paragraph 166). The FCA dismissed this proposition Having regard to the evidence that the Terra Rossa soil type typical of the cigar did not constitute more than 23 to 25 per cent of the area within the GIC determination, and apparently a lower percentage in the case of the area encompassed by the AAT Determination, the presence of some unsuitable land that might be included in the extension hardly seems a factor that could carry weight sufficient to overcome what the AAT has described as historical evidence of connection to the Coonawarra Region (Federal Court of Australia, 2002, paragraph 87). Following the FCA instructions, a new boundary to include the five Applicants was eventually agreed upon Adj. 1. agreed upon - constituted or contracted by stipulation or agreement; "stipulatory obligations" stipulatory noncontroversial, uncontroversial - not likely to arouse controversy and is shown in red on Figure 6. In spite of the major criticisms directed at the Tribunal, in effect the new boundary simply reproduces that of the AAT with small extensions to embrace the five Applicants, 3 in the north and 2 in the west. An extension into the plantation forest area in the south-east is also evident. It appears that the "proximity principle The proximity principle advocates that waste should be disposed of (or otherwise managed) close to the point at which it is generated, thus aiming to achieve responsible self-sufficiency at a regional/or sub regional level. " has been applied yet again but this time not in relation to the cigar but to the AAT's discredited dis·cred·it tr.v. dis·cred·it·ed, dis·cred·it·ing, dis·cred·its 1. To damage in reputation; disgrace. 2. To cause to be doubted or distrusted. 3. To refuse to believe. n. Hundred boundary. It seems that the FCA, following the lead of the GIC, the AAT and their corps of legal advisors, have used the Applicants' full property boundaries Ask a Lawyer Question Country: United States of America State: Alabama Land property House built in 1960's. Her house was built her house was built years late. My and myself own our house. as their boundary, rather than follow the more logical course of including only those sections which are suitable for viticulture. Large areas to the north and west remain outside the region. Where will their allegiance lie? And how will a future Wrattonbully regard the enclave enclave /en·clave/ (en´klav) tissue detached from its normal connection and enclosed within another organ. en·clave n. A detached mass of tissue enclosed in tissue of another kind. in the south? An arbitrary boundary, based upon the inclusion of a group of vineyards claiming some historical/commercial rights at a particular arbitrary date and within a wider homogeneous environment Hardware and system software from one vendor; for example, an all-IBM or all-Windows shop. Contrast with heterogeneous environment. has little logic, unless other factors are incorporated. The foundation of the viticultural structure is surely the biophysical environment. This has been ignored, totally. It is relatively permanent while vested interest Vested Interest A financial or personal stake one entity has in an asset, security, or transaction. Notes: For example, if you have a mortgage, your bank has a vested interest on the sale of your house. See also: Right is notoriously fickle fick·le adj. Characterized by erratic changeableness or instability, especially with regard to affections or attachments; capricious. [Middle English fikel, from Old English ficol, , short sighted, self seeking and impermanent im·per·ma·nent adj. Not lasting or durable; not permanent. im·per ma·nence, im·per .
CONCLUSION Despite Interim Determinations, a Final Determination, a class appeal before the Australian Appeals Tribunal, a Final Judgement from that court, an Appeal to the Australian Federal Court and a Judgment from that court, dissatisfaction and conflict persist. Arguably, there has been no satisfactory conclusion. ADDENDUM addendum n. an addition to a completed written document. Most commonly this is a proposed change or explanation (such as a list of goods to be included) in a contract, or some point that has been subject of negotiation after the contract was originally proposed by Given the concerns raised above relating to both the AAT judgement and the instructions of the Federal Court, is it possible to propose a more logical region? The principle of "homogeneity" is incorporated in the Regulations and was emphasised by both the GIC and AAT. However, as has been stated, it is extremely rare for any geographical region not to display variation of some sort, except in very limited and specialised locations. The GIC and AAT Determinations, as well as the other proposals made, all contain a variety of environments. The existence of non-homogeneous intervening land is thus not necessarily a valid reason for excluding peripheral vineyards. Furthermore, their exclusion leaves them in "geographical limbo limbo In Roman Catholicism, a region between heaven and hell, the dwelling place of souls not condemned to punishment but deprived of the joy of existence with God in heaven. The concept probably developed in the Middle Ages. ", with the options of remaining so, or affiliating with another, and possibly less appropriate region or establishing their own region. A problem with the second policy is that the regulations require that a region must produce a minimum of 500 tonnes and comprise at least five vineyards. The best approach is surely to draw the boundary on principles of regional geography Regional geography is a study of regions throughout the world in order to understand or define the unique characteristics of a particular region which consists of natural as well as human elements. , to its maximum reasonable and definable extent. This would then automatically include all those with existing, and potential viticultural/regional characteristics. Those excluded would logically belong to another region. Two possibilities are suggested here. Both take account of the relatively uniform environment in the area and both place heavy reliance on the PIRSA Land Systems in placing the boundaries and, of course, the cadastre. They also attempt to incorporate the principle of compactness and cohesion. The first, in Figure 6, shown in solid yellow, slightly heavier to distinguish it from previous boundaries, abandons the use of the Hundred boundaries, cutting as they do through areas of uniform climate and Land Systems. To the north-east, the eastern shoulder of the East Naracoorte Range is a logical boundary as was initially proposed by the geographers. In this area, five of the original Applicants would remain excluded, although they have strong claims for inclusion on historical grounds. To include them would represent a possible incursion into a region becoming known unofficially as "Wrattonbully" and would present problems in the future. They lie beyond the geographers' suggested eastern piedmont Piedmont, region, Italy Piedmont (pēd`mŏnt), Ital. Piemonte, region (1991 pop. 4,302,565), 9,807 sq mi (25,400 sq km), NW Italy, bordering on France in the west and on Switzerland in the north. . History moves forward. To the north, a logical way through the East Naracoorte Range via a surveyed road is suggested, which follows the geographers' second proposal, and then follows the southern margin of Bool Lagoon and its inlet inlet /in·let/ (-let) a means or route of entrance. pelvic inlet the upper limit of the pelvic cavity. thoracic inlet the elliptical opening at the summit of the thorax. and outlet channels, even though this would include an area of the MAO Land System which is generally not suited to viticulture. The adoption of this boundary would include a number of grape growers who were excluded by the GIC in its Final Determination and by the AAT, at least some of whom have historical claims. It would also be even more difficult and illogical in the future to define and fit these growers into a separate region to the north or east. The western boundary follows and then cuts south through the MAO Land System to meet the interface of the MAO and GLR near its most westerly Westerly, town (1990 pop. 21,605), Washington co., extreme SW R.I., between the Pawcatuck River and Block Island Sound; inc. 1669. Its textile industry dates from 1814, and granite has been quarried there since c.1850. extension and follows this interface southwards. A small southerly extension of the MAO occurs to the south, which is virtually detached from the main body, and which isolates a significant body of GLR to its west. This is included by following the GLR/MAO interface to the south-west. The MAO extension is thus included as an acceptable anomaly, but the GLR pocket is thus saved from virtual isolation. The KRG System to the south is also regarded as not generally suited to viticulture so that its interface with the GLR is followed eastward until the boundary of the geographer's initial proposal is reached (shown on Figure 5). From here, this boundary is followed, with some fine-tuning, in the south and south-east sections. This regional definition is a reasonable compromise, incorporating virtually all of the accepted or proposed viticultural terroir Terroir (/tεʀwaʀ/ in French) was originally a French term in wine and coffee used to denote the special characteristics that geography bestowed upon them. and complying with all relevant regulations. It is also reasonably compact. Those who are contiguous to the boundary and have "historical" rights, could be included, should no other options be available to them. If the geographers' "Coonawarra logic" is applied to the future definition of a Wrattonbully, that region might have some claim to the east-facing escarpment and crest of the East Naracoorte Range. A claim to the whole of the range could not be substantiated due to the argument that the NRC Land System is derived from the sediments of the western plains. The placement of the Coonawarra eastern boundary at the eastern margin could be construed as an incursion. The reverse situation is evident in the Interim Wrattonbully proposal accompanying the GIC Final Determination (Figure 6), which seceded to Wrattonbully the whole of the East and West Naracoorte Ranges. A compromise may be necessary by locating the common boundary between Coonawarra and Wrattonbully within the swale swale n. 1. A low tract of land, especially when moist or marshy. 2. A long, narrow, usually shallow trough between ridges on a beach, running parallel to the coastline. 3. separating the West and East Naracoorte Ranges (shown as a dashed yellow line on Figure 6). Thus the ranges are shared between the contestants. This represents what may be termed a geographical/viticultural region. Its validity is not compromised by ephemeral Temporary. Fleeting. Transitory. affiliations. While this suggested region would include a number of Applicants who had been excluded from the ATT ATT ammonia tolerance test. determination it would still exclude some, for example those near to the Cave Range in the west. If these Applicants are successful in having their rights to belong to the Coonawarra Region recognised, for whatever reasons, then a logical boundary for the region would be the one presented by the geographers to the AAT and previously described and plotted in Figure 5 and reproduced also in Figure 6. Those in the west, near to the Cave Range, would seem to have a reasonable case given the fact that the legislation establishing the GIC incorporated the principle of inclusivity. In addition, there is no viticulture immediately to the west of those Applicants and therefore no immediate prospect of a separate viticultural region in that area to which they might give their allegiance. A problem arising from this hypothetical extension to the west is that, in order to include what at present appear to be merely two grape growers, the region will have to be increased in size by 160 square kilometres Square kilometre (U.S. spelling: square kilometer), symbol km², is a decimal multiple of the SI unit of surface area, the square metre, one of the SI derived units. 1 km² is equal to:
n. 1. Something produced in the making of something else. 2. A secondary result; a side effect. by-product Noun 1. a number of viticulturalists who had not appealed, or had abandoned their appeal, would be included, as well as others who may, in the future, attempt viticulture and so gain the historical benefit. The logical boundary in the south-west would then follow the interface between the KRG and GLR Land Systems to join up with the southern boundary of the compact region described above (Figure 6) which it would then follow eastwards east·ward adv. & adj. Toward, to, or in the east. n. An eastward direction, point, or region. east and northwards. Figure 7 has been prepared, as a summary, in order to "clarify" the situation, and incorporates all of the well-defined and/or formal regional proposals. A simple base of Hundred boundaries is used, shown as dashed lines except where they have been used as regional boundaries. Solid lines are used for the various proposals, thickened thick·en tr. & intr.v. thick·ened, thick·en·ing, thick·ens 1. To make or become thick or thicker: Thicken the sauce with cornstarch. The crowd thickened near the doorway. 2. where boundaries coincide. The geographers' proposal for a two region solution involves the "compact" proposal shown in figure 6 in solid yellow as the "Greater Coonawarra" and the core region shown with short dashed lines and suggested as "The Coonawarra". [FIGURE 7 OMITTED] Is there logic entangled en·tan·gle tr.v. en·tan·gled, en·tan·gling, en·tan·gles 1. To twist together or entwine into a confusing mass; snarl. 2. To complicate; confuse. 3. To involve in or as if in a tangle. somewhere in all this? ACKNOWLEDGEMENTS Special thanks to Chris Deardon of Daedalus (SA) Pty Ltd PTY LTD Propriety Limited (company structure in Australia) for his patience and cooperation in the preparation and production of the computer maps and diagrams. His combination of geographical understanding and GIS skills was invaluable. REFERENCES Administrative Appeals Tribunal (2001), Nos. S nos. or Nos. abbr. numbers Nos. or nos. numbers nos. abbr (= numbers) → núms nos. 200/182, 183, 186-227, 305 and 313, Decision and Reasons for Decision, Adelaide, October, 2001. Blackburn, G. (1959), Soils of County Grey, South Australia, Soil and Land Use Series No. 33, CSIRO CSIRO Commonwealth Scientific & Industrial Research Organization (Australia) , Melbourne. Blackburn, G. (1964), The Soils of Counties MacDonnell and Robe, South Australia Robe () is a town and fishing port on the Limestone Coast of South Australia. It is on the southern shore of Guichen Bay, just off the Princes Highway. , Soil and Land Use Series No. 45, CSIRO, Melbourne. Blackburn, G, Bond, R.D. and Clarke, A.R.P. (1965), Soil Development Associated with Stranded Beach Ridges A beach ridge is a wave-swept or wave-deposited ridge running parallel to a shoreline. It is commonly composed of sand as well as sediment worked from underlying beach material. The movement of sediment by wave action is called littoral transport. in South-East South Australia, Soil Publication No. 22, CSIRO, Melbourne. Drexel, J.F. and Preiss, W.V. (eds) (1995), The Geology of South Australia, Bulletin No. 54, Volume 2, Department of Mines and Energy, South Australia. Federal Court of Australia (2002), FCAF FCAF Faculty of Agriculture and Forestry 295, Beringer Blass Wine Estates Limited v Geographical Indications Committee, Reasons for Judgment, Adelaide, September, 2002. Foale, M.R. and Smith, D.L. (1999), The Coonawarra Region, Report to the Geographical Indications Committee. Foale, M.R. and Smith, D.L. (2001), The Coonawarra Region, Report to the Administrative Appeals Tribunal, No. S2000/182, 183, 186-227, 305 and V2000/668, 676. GIC (2000), Statement of Findings on Material questions of Fact and reasons for Decision: Final Determination of the Geographical Indication of the Coonawarra Region, Geographical Indications Committee, June, 2000. O'Driscoll, E.P.D. (1960), The Hydrology of the Murray Basin Province in South Australia, Bulletin No. 35, 2vols., Department of Mines, South Australia. O'Mara, J.H. (1957), Surface Structural Geology structural geology Scientific discipline concerned with rock deformation on both small and large scales. Its scope ranges from submicroscopic lattice defects in crystals to fault structures and fold systems of the Earth's crust. of Selected Areas in the Gambier-Robe-Naracoorte District, Internal Report, Department of Mines, South Australia. PIRSA (1994), Land Systems, South East of South Australia, Primary Industries and Resources, South Australia. Sprigg, R.C. (1952), The Geology of the South-East Province, South Australia, with Special Reference to Quaternary quaternary /qua·ter·nary/ (kwah´ter-nar?e) 1. fourth in order. 2. containing four elements or groups. qua·ter·nar·y adj. 1. Consisting of four; in fours. Coast-line Migrations and Modern Beach Developments, Bulletin No. 29, Geological Survey The term geological survey can be used to describe both the conduct of a survey for geological purposes and an institution holding geological information. A geological survey of South Australia, Department of Mines, South Australia. Max Foale, former Map Librarian and Cartographer in the Geography Department, The University of Adelaide Its main campus is located on the cultural boulevard of North Terrace in the city-centre alongside prominent institutions such as the Art Gallery of South Australia, the South Australian Museum and the State Library of South Australia. . Derek Smith Derek Smith can refer to any of the following people
n. Chiefly British A university teacher, especially one ranking next below a reader. in the Department of Geographical and Environmental Studies, The University of Adelaide. ajdlsmit@arts.adelaide.edu.au |
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tis, vine; see wei- in Indo-European roots + culture.
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