Pyrenees residents shell-shocked by scare guns

ALL these residents want is a good night's sleep.But they say the constant sound of scare guns used on neighbouring properties throughout the night is damaging their physical and mental health.Scare guns produce a loud explosive sound to scare away birds from crops and orchards.Earlier this year the group appealed to the Pyrenees Shire Council to create a bylaw to regulate the operation of gas guns.Prior to this, farmers and vignerons had to abide to Environmental Protection Agency guidelines, which are not enforceable by council.However a move by council, to accept a Code of Practice instead, has angered and upset the residents, who feel their opinions counted for little.Landsborough residents Greg Stafford and Elaine Duxbury bought their secluded property, overlooking the Pyrenees Mountains in 1994 and moved there full-time almost two years ago.In February earlier this year they complained to council that their neighbour was using two scare guns on a 24-hour basis, with up to 400 shots being fired on some days.The EPA guidelines state a scaregun must not emit more than 70 blasts a day."We asked politely at 9.30pm one night if Cameron (the farmer's son) would turn them off," Mr Stafford said."His response was that he didn't have much water and therefore didn't have a lot of grape yield, and kangaroos were eating what grapes he had."The constant noise was unbearable for Ms Duxbury, who is currently undergoing treatment for a serious illness."Throughout the night it can be as quiet as a mouse, but then the noise echoes through the valley," Mr Stafford said."You'll hear one bang, then lie awake waiting for the next one to happen."For Landsborough residents Kingsley and Thea Joyce, the scare guns have caused such distress both their doctors and cardiologists have been informed.Mr Joyce said their neighbour had been using a scare gun with little regard for the EPA guidelines, much too close to their property.After a lengthy battle with council the gun was moved, but Mr Joyce fears adopting a code of practice will strip council of their power and residents of their right to appeal."The pressure causes all the windows in the house to rattle," he said."I've now been in contact with the ombudsman who is investigating."In June council published a scare gun draft policy and invited community members to write submissions.Pyrenees Shire Assets and Development director Andrew Leach said a number of residents had raised concerns relating to location of guns and timing of use.At this time, council decided to either create a by-law or adopt a code of practice."A guideline from the EPA provided operating practices but was only a guideline and so the possibility of establishing a Local Law based on the EPA guidelines was investigated," he said."The draft was based on the EPA guidelines and consideration of existing Local Laws from Yarra Ranges and Alpine Shire."Several submissions were received from property owners, representatives from the PGGA and vineyard owners.Following this discussion, a meeting was held at the Moonambel Recreation Reserve with representatives from the Pyrenees Grape Growers Association, the Victorian Farmers Federation, the CFA and people who had lodged submissions.Although the PGGA failed to show up, council proceeded to adopt a code of practice, which will be enforced for twelve months before review."The next step for Council is to work with stakeholders within industry to compose a draft Code of Practice," Mr Leach said."All submissions were considered equally. The PGGA is representing 40 of the 46 wineries and has promoted the inclusion of the VFF because of the use of scareguns by grain farmers."The information submitted by the three residents will still be considered in any composition of a Code of Practice, along with CFA requirements."Angry residents attended the October ordinary meeting of the Pyrenees Shire Council only to be told the decision had been made and would not be discussed any further.They were unaware of council's decision and thought there was still time to put forward their case."To our amazement, when we looked on the Council agenda for the October meeting, we saw another complete backflip on the part of council," Mr Stafford said."It was a fait accompli."Pyrenees grape growers and wine makers association president Dave Robson said across the shire disputes relating to scare gun use were rare and a code of practice would provide a framework for farmers and their neighbours to come to agreements."I understand there are a couple of people concerned," he said."I think some people recently moved into the area, which is basically an agricultural producing area, and agriculture has these things."I don't think it's a matter of who has the power, it's about neighbours coming together."Sleepless nights throughout the picking season are set to continue for the upset residents, who will now have to wait 12 months before a review of the code, unless the ombudsman decides to intervene.Council is expected to submit a draft code of practice for approval at their ordinary meeting next week.