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EDO NSW BULLETIN – 21 January 2010: Number 643

The EDO Bulletin is a free weekly bulletin that provides a listing of news, events, public notices and opportunities for public comment.

EDO News and Events

1. Position Vacant: EDO NSW, Scientific Officer
2. EDO case update: Rising Tide coal train protestors
3. FREE EDO Seminar: Climate Law after Copenhagen
4. Please complete our online planning survey
5. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW

Law and Policy Watch

6. Policy Submissions
7. Legislative Reviews
8. Local Environmental Plan Tracking

EDO in the Media

9. Sydney Morning Herald : Environment jobs vital for Aborigines, says UN study
10. Green Left Online: Caroona Campaign suffers setback

Environmental Law Notices – New South Wales

11. Major Project Proposals – Invitation to Comment
12. State Conservation Notices – Invitation to Comment
13. Department of Lands – Public Exhibition

Environmental Law Notices – Commonwealth

14. EPBC Referrals – Invitation to Comment

Community News

15. The Centre for Sustainability Leadership, Fellowship Program
16. Position Vacant: AYAD Placement: Live and Learn for Environment and Community, Hanoi, Vietnam
17. Position Vacant: AYAD Placement: Public Solicitor's Office, Solomon Islands


EDO News and Events

1. Position Vacant: EDO NSW, Scientific Officer

Tom Holden, who headed EDO's Scientific Advisory Service, has recently moved interstate. This has created a new vacancy for the position of Scientific Officer in our Sydney office.

The Scientific Officer will provide objective scientific and technical advice to the community on public interest environmental issues and administer the EDO 's Scientific Advisory Service. The Officer will also contribute actively to policy and community legal education work within the EDO. The job involves facilitating and enhancing community involvement in environmental decision making and we are therefore seeking someone who sees value in public participation in this process, and has an interest in EIA. The role does not involve campaigning or lobbying.

Essential criteria

  • a degree in science, natural resource management
  • at least 2 years professional experience
  • a demonstrated commitment to environmental protection
  • a demonstrated ability to identify and analyse issues
  • excellent research skills
  • excellent written and oral communications skills
  • the ability to work as part of a team
  • an interest in a wide range of scientific and technical issues

Desirable criteria

  • a higher degree in a related discipline, particularly environmental law
  • a well established network of contacts
  • experience in EIA

Salary $50,000-$63,000 (plus super), depending on experience.

See http://www.edo.org.au/edonsw/site/jobs.php for a full position description.

Applications for this position should contain a CV with a covering letter that clearly addresses each of the selection criteria.

Applications should be submitted via email to tanya.wansbrough@edo.org.au (with ‘Application for position of Scientific Officer' in the subject line).

Enquiries should be directed to Tanya Wansbrough, Scientific Director (Phone 02 9262 6989), after 6 January 2010.

Closing date: Wednesday, 10 February 2010, 5pm

2. EDO case update: Rising Tide coal train protestors

The EDO successfully negotiated with police prosecutors this week on behalf of 23 protestors from Rising Tide. As a result, police prosecutors refrained from pursuing an application for a victim's compensation order and had one of two charges dropped against the protestors. In an action directed at the failure of the Copenhagen climate change talks, the protestors blocked rail lines to Australia's main coal export port in Newcastle on 20 December 2009. Twenty two of the 23 protestors were charged with two offences under s 41(1)(b) of the Rail Safety (Offences) Regulation 2008 : one charge for ‘going onto', and a second charge for ‘remaining on', running lines associated with rail infrastructure. Police also previously indicated they would seek a victim's compensation order on behalf of the owners of the rail infrastructure and the operators of the coal train. At the hearing, following negotiations with Barrister Ken Averre (instructed by the EDO), police agreed not to pursue the victim's compensation order and agreed to drop the ‘going onto' charge for the 22 protestors. In the Newcastle Local Court, Magistrate Sharon Holdsworth convicted 22 protestors for the remaining offence and one protestor, who had left as soon as rail officials arrived, for the ‘going onto' offence. Magistrate Holdsworth refused to dismiss charges against those with no prior convictions under section 10 of the Crimes (Sentencing Procedure) Act 1999. Protestors with no prior convictions were fined $250 and those with prior convictions were each fined $750 (the maximum penalty being $5,500).

3. FREE EDO Seminars: Climate Law after Copenhagen

How can global warming be kept to 2 degrees, as proposed in the Copenhagen Accord?

Free public seminars with the Environmental Defender's Office Northern Rivers.

  • An insider's view of the Copenhagen summit.
  • The implications for Australia's proposed CPRS and alternatives.
  • Recent Australian and international climate change court cases

Where: PORT MACQUARIE, Sea Acres Rainforest Centre, Pacific Dve

When: 5.45 for 6 pm sharp to 8 pm, Thursday 4 February 2010

 

Where: BELLINGEN, Uniting Church Hall, cnr Waterfall Way + Ford St

When: 5.45 for 6 pm sharp to 8 pm, Friday 5 February 2010

 

Where: BALLINA, Richmond Room, Regatta Ave

When: 5.45 for 6 pm sharp to 8 pm, Wednesday 10 February

 

Where: MURWILLUMBAH, CWA Hall, 20 Queen St

When: 5.45 for 6 pm sharp to 8 pm, Thursday 11 February

 

Light refreshments provided. No booking necessary. Presented by the EDO NSW Northern Rivers office.

For more information please call Mark Byrne on 6621 1113.

Please note that the science supporting anthropogenic climate change will NOT be debated at these seminars

http://www.edo.org.au/edonsw/site/pdf/seminars/100114seminars_feb10.pdf

4. Please complete our online planning survey

The EDO, along with Total Environment Centre (TEC) held a series of workshops throughout NSW to update the community on the recent changes to the Environmental Planning and Assessment Act 1979 and to seek community feedback on the NSW Planning System. The workshops were based on a discussion paper entitled 'Planning in NSW: Reconnecting the community with the planning system' which outlines the NSW planning system and the opportunities for public participation. You can access the discussion paper at:

http://www.edo.org.au/edonsw/site/pdf/pubs/091112planning_discussion_paper.pdf

The workshops were funded by the Department of Planning NSW and were jointly facilitated by the EDO and TEC. They were held in Ballina, Coffs Harbour, Newcastle, Sydney, Wollongong and Moruya throughout November 2009.

People who could not attend the workshops are encouraged to give their feedback on the NSW Planning System by completing our Online Survey.

5. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW

The new edition of the Rural Landholder's Guide to Environmental Law in NSW, a publication last produced by the EDO in 2006, is now available for free, including postage and handling. The guide is a valuable tool in understanding the law in NSW regarding land management and explains legislation dealing with issues such as vegetation management, protected species, fire management, water management, construction and development, pollution, agricultural chemicals, cr ops and stock, mining and quarrying, heritage protection, conservation on private land and trading and offsetting agreements.

To obtain your FREE copy of the guide please email education@edo.org.au or call (02) 9262 6989. Boxes of 160 are also available on request for groups or organisations.

If you would like the EDO to visit your area to present a workshop on the contents of the guide please contact EDO Education Director Jemilah Hallinan at education@edo.org.au or 02 9262 6989.

 

Law and Policy Watch

6. Policy Submissions

  • EDO Submission to the Office of Fair Trading on Residential Tenancies Sub (green leases)

To view the EDO 's submission in its entirety, please visit:

http://www.edo.org.au/edonsw/site/pdf/subs09/091217residential_tenancies_act.pdf .

  • Updated CPRS draft regulations submissions

Updated draft regulations for the Emissions Intensive Trade Exposed (EITE) program under the Carbon Pollution Reduction Scheme (CPRS) have been released with accompanying commentary and an explanatory paper.

Feedback is sought from stakeholders on the draft regulations by  Thursday, 28 January 2010 .

For further information, please visit:

http://www.climatechange.gov.au/en/submissions/cprs-draft-regulations.aspx

  • Release of RET discussion papers

As part of negotiations on the Carbon Pollution Reduction Scheme, the Commonwealth Government agreed that the current Council of Australian Governments (COAG) process to review specific Renewable Energy Target (RET) issues will also consider whether new waste coal mine gas projects should be eligible under the RET and whether annual targets under the RET should be increased to offset additional Renewable Energy Certificates (RECs) not backed by generation as part of the ‘Solar Credits' mechanism.

To inform this process, the Department of Climate Change has released two issues papers for public consultation:

  • Discussion Paper 4 – the treatment of new waste coal mine gas power generation in the RET
  • Discussion Paper 5 – the treatment of ‘Solar Credits' Renewable Energy Certificates under the RET.

COAG will consider these issues together with its previously announced review of specific RET issues.

Submissions from interested stakeholders are sought by 28 January 2010.

For further information, please visit:

http://www.climatechange.gov.au/media/whats-new/ret-solar-credits.aspx

  • Snowy Hydro Water Licence

The NSW Office of Water invites your comments as part of the review and public consultation for the proposed variation to the Snowy Hydro Water Licence. Snowy Hydro Limited was issued a licence under the Snowy Hydro Corporatisation Act 1997 (NSW) on 30 May 2002, for a period of 75 years. This licence is subject to regular reviews.

For further information, please visit:

http://www.water.nsw.gov.au/Water-Licensing/Corporate-licences/Snowy-Hydro/default.aspx#comment

The closing date for submissions has been extended until 29 January 2010 .

  • Security for costs and associated costs orders

The NSW Law Reform Commission is seeking preliminary comments on the law and practice relating to security for costs and associated orders. The terms of reference are available at:

http://www.lawlink.nsw.gov.au/lawlink/lrc/ll_lrc.nsf/pages/LRC_cref126

Public consultation closes 15 February 2010

  • Nanotechnology - Stakeholder Consultation

The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) is looking at the regulation of industrial nanomaterials.  NICNAS is seeking public comment on ways to address uncertainties in potential risks posed by nanomaterials to health, safety and the environment. 

http://www.nicnas.gov.au/Current_Issues/Nanotechnology/Stakeholder_Consultation.asp  

Public consultation closes 12 February 2010

  • Sustainable Water Management Inquiry

This inquiry is a current Legislative Assembly inquiry conducted by the Natural Resource Management (Climate Change) Committee .   On 2 December 2009, the Standing Committee on Natural Resource Management (Climate Change) resolved to inquire into issues of sustainable water management with particular reference to climate change impacts and, in particular, to report on the following terms of reference:

a) The likely impact of climate change on the availability of water resources under different climatic scenarios;
b) Approaches to the management of water resources by all water users including provision for environmental flows; and
c) Best practice in water conservation and management.

Closing date for submissions is Friday 26 February 2010

  • Plantations & Reafforestation Act 1999 and Regulation 2001

The draft Bill and Regulation will be on public exhibition from 14 December 2009 to  12 February 2010 and Industry & Investment NSW welcomes submissions on the proposed amendments.

For more information, please visit: http://www.dpi.nsw.gov.au/agriculture/resources/private-forestry/plantation-authorisations/review

  • Inquiry into Freedom of Information Amendment (Reform) Bill 2009 and Information Commissioner Bill 2009

On 30 November 2009 the Senate referred the Freedom of Information Amendment (Reform) Bill 2009 ; for inquiry and report.

According to the Explanatory Memoranda the purpose of the Freedom of Information Amendment (Reform) Bill 2009 is to make major reforms to the Freedom of Information Act 1982 t o promote a pro-disclosure culture across government and to build a stronger foundation for more openness in government; and the purpose of the Information Commissioner Bill 2009 is to establish three independent statutory office holders (the Information Commissioner, the Freedom of Information Commissioner and the Privacy Commissioner).

Submissions should be received by 28 January 2010 . The reporting date is 16 March 2010.

Link is: http://www.aph.gov.au/Senate/committee/fapa_ctte/foi_ic/info.htm

7. Legislative Reviews

Legislation in NSW is usually reviewed after five years. A review is carried out to determine whether the policy objectives of an Act remain valid and whether the means of addressing these objectives are appropriate.  The following Acts are shortly due for review:

  • Plantations & Reafforestation Act 1999 and Regulation 2001

8. Local Environmental Plan Tracking

The process for creating Local Environmental Plans (LEPs) starts with a planning proposal which in most cases is prepared by your local council. They are then assessed by the Department of Planning which makes a gateway determination to determine whether the proposal has sufficient merit to proceed. Once planning proposals pass through the gateway stage they are placed on the Planning Department's website which allows the community to track their progress. To access the LEP tracking system visit the Department of Planning website at:

http://leptracking.planning.nsw.gov.au/Default.aspx

  • Burwood Council – Rezoning of 135-137 Liverpool Road Burwood

http://leptracking.planning.nsw.gov.au/PublicDetails.aspx?Id=64

  • Goulburn Mulwaree Council - Exempt and complying development amendments and industrial zoning at South Marulan

http://leptracking.planning.nsw.gov.au/PublicDetails.aspx?Id=63

 

EDO in the Media

9. Sydney Morning Herald : Environment jobs vital for Aborigines, says UN study (15 January 2010)

Aboriginal people need access to green-collar jobs if they are to benefit from any global push to curb climate change, the author of a UN report out today says.

The State of the World's Indigenous Peoples finds climate change hurts Indigenous people disproportionately and in some places, threatens their existence.

The Australian author of the environmental chapter, EDO solicitor Neva Collings, said Aboriginal people often missed out on the economic gains of protecting the environment.

For the full text of this article, please visit:

http://www.theage.com.au/national/green-jobs-push-for-aboriginals-20100115-mabg.html

10. Green Left Online: Caroona Campaign suffers setback (16 January 2010)

The campaign to prevent longwall coal mining under the fertile Liverpool Plains region in NSW has suffered a setback, with a legal challenge to the mine being dismissed.

For the full text of this article, please visit:

http://www.greenleft.org.au/2010/822/42296

 

Environmental Law Notices – New South Wales

11. Major Project Proposals – Invitation to Comment

For a full listing of Major Project proposals currently available for public comment, visit the Department of Planning website at http://majorprojects.planning.nsw.gov.au/index.pl?action=search&status_id=6

  • Wolli Creek – Princes Highway

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3520

  • The Rock –Glenmore Rooftop Hotel

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3698

  • Karuah – The Branch Lane, Karuah Subdivision

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3691

12. State Conservation Notices – Invitation to Comment

The full listing of conservation plans is available for public comment on the National Parks and Wildlife website at http://www.environment.nsw.gov.au/consult/DecPublicConsultation.htm

There are no new notices since the last eBulletin.

 13. Department of Lands – Public Exhibition

The following draft plans are currently being exhibited for public comment. Visit http://www.lands.nsw.gov.au/about_us/publications/exhibition to view the plans in detail.

There are no new notices since the last eBulletin.

 

Environmental Law Notices – Commonwealth 

14. EPBC Referrals – Invitation to Comment

Referrals under the Environment Protection and Biodiversity Conservation Act 1999 are available for comment on the Department of the Environment, Water, Heritage and the Arts website at: http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl

The following referrals have been listed within the last 7 days:

NSW

Sydney – M2 Motorway upgrade

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5329

Lismore – Energy Transmission line
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5326

Singleton – Ashton Coal Mine

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5315

Orange – Ploughman's Creek Stormwater Harvesting Scheme

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5317

QLD

Bundaberg – Sea ranch site development 

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5323

Mossman – Mossman Gorge Visitor & Training Centre

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5320

Fraser Island – Lake McKenzie Tourism Infrastructure Redevelopment

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5321

TAS

Sassafras Wesley Vale – Water pipe

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5327

Bass Basin – Seismic Survey

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5322

VIC

Lake Bolac – Grassland restoration project

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5328

South Morang – South Morang Rail Extension Project 

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5313

South Melton – Toolern Creek Park Development

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5294

Ballarat – road extension

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5314

SA

Streaky Bay – Eco Tourism Resort

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5328

Eyre Highway - Expansion of the Cultana Training Area

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5316

NT

Batchelor – Mine

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5324

 

Community News

15. The Centre for Sustainability Leadership, Fellowship Program

The Centre for Sustainability Leadership Fellowship Program is the Centre for Sustainability Leadership's flagship training program. We select a group of passionate people from all around the globe who demonstrate potential to lead efforts for the creation of a more sustainable world. Twenty-five participants are selected for the Sydney and Melbourne programs from hundreds of applicants each year. In this intensive course, we develop the skills required to realise this potential. We provide cutting edge curriculum, open doors to unparalleled networks, and give participants access to leadership experience rarely available in the early to mid stages of a career.

Applications for the 2010 Melbourne and Sydney Fellowship Program are now open. Applications close on 28 February 2010 . International applicants should apply by 3 February for the chance to participate in an earlier round of phone interviews.

Apply here.

For more information, please visit:

http://csl.org.au/index.php?page_id=17

16. Position Vacant: AYAD Placement: Live and Learn for Environment and Community, Hanoi, Vietnam

The EDO invites applications from young Australians (aged 18-30) interested in a Climate Change Education Officer role with Live and Learn, in Hanoi, Vietnam, to be nominated as an Australian Youth Ambassador for Development. The Australian Youth Ambassadors for Development (AYAD) Program aims to strengthen mutual understanding between Australia and the countries of the Asia-Pacific region and make a positive contribution to development. The Program achieves these aims by placing skilled young Australians on short-term assignments in developing countries in the Asia Pacific region. AYAD volunteers work with local counterparts in host organisations to achieve sustainable development outcomes through capacity building, skills transfer and institutional strengthening. The AYAD Program is fully funded by the Australian Government's overseas aid agency, AusAID.

If approved by AYAD, the placement will support Live &Learn to:

  • Develop educational materials on climate change and relevant capacity building themes
  • Work with youth to host awareness-raising events such as training, workshops and a youth climate change forum
  • Assist Live & Learn and local youth to build relationships with government and other NGOs and international organisations to share skills and knowledge
  • Assist Live & Learn to develop programs and build the organisation in Vietnam

The essential minimum qualifications and experience required of the nominated candidate include:

  • Tertiary qualification in a relevant discipline
  • Experience in education or working with youth, community groups and/or NGOs
  • Understanding of climate change issues
  • Awareness of and sensitivity to cultural differences
  • Excellent communication skills, both written and verbal
  • Ability to work independently and within a small team

If approved, the position will be for twelve months, to commence in July 2010.

Applicants should be aware that the EDO is only responsible for the selection of a candidate to nominate. The nominated candidate will then need to submit a full application to the AYAD Program, as outlined on the AYAD website:

All AYAD placements proposed by the EDO are subject to final approval by AYAD, which will not be confirmed until after a suitable candidate has been nominated.

Your application to the EDO should include an AYAD application cover sheet, your CV in the AYAD format, a Statement against the Selection Criteria (available in the AYAD application form: http://www.ayad.com.au/forms-a-downloads/volunteers ), and contact details for three referees.

Applications to be considered for nomination by the EDO are to be emailed to EDO International and must be received by Friday, 29 January 2010. Please contact Gillian Duggin, Acting International Programs Director, on (02) 9262 6989 for further information.

17. Position Vacant: AYAD Placement: Public Solicitor's Office, Solomon Islands

The EDO invites applications from young Australians (aged 18-30) interested in a Communications Officer role with the Public Solicitor's Office (PSO) in Honiara, Solomon Islands, to be nominated as an Australian Youth Ambassador for Development.

The Australian Youth Ambassadors for Development (AYAD) Program aims to strengthen mutual understanding between Australia and the countries of the Asia-Pacific region and make a positive contribution to development. The Program achieves these aims by placing skilled young Australians on short-term assignments in developing countries in the Asia Pacific region. AYAD volunteers work with local counterparts in host organisations to achieve sustainable development outcomes through capacity building, skills transfer and institutional strengthening. The AYAD Program is fully funded by the Australian Government's overseas aid agency, AusAID.

If approved by AYAD, the volunteer will be placed in the Landowners' Advocacy and Legal Support Unit (LALSU) within the PSO. LALSU has been established to provide landowners in the Solomon Islands with legal advice, representation and information about environmental issues, in particular in relation to forestry and conservation. Community education and dissemination of information to a wide range of landowners in the Solomon Islands is a key element of the work of the Unit. The volunteer would assist the LALSU lawyer in designing effective ways of communicating legal information to landowners in the Solomon Islands, and of promoting the work of the Unit.

The volunteer will therefore work with LALSU to:

  • Produce legal education materials for landowners
  • Use other media such as radio for communicating legal information
  • Produce a regular newsletter or update
  • Prepare a website for PSO and train staff on its use
  • Build capacity within the Unit for production of educational materials in the future

The qualifications and experience required of the nominated candidate include:

Essential:

  • Bachelor Degree in Media/Communications
  • 2-3 years' experience in media/communications
  • Experience in community education

Desirables:

  • Basic experience in website production
  • Knowledge of, or experience in, legal systems and processes generally
  • Knowledge of, or experience in, environmental or land-related issues
  • Excellent communication skills
  • Ability to work independently and within a small team
  • Ability to work in a cross-cultural environment

If approved, the position will be for twelve months, to commence in July 2010.

Applicants should be aware that the EDO is only responsible for the selection of a candidate to nominate. The nominated candidate will then need to submit a full application to the AYAD Program, as outlined on the AYAD website: http://www.ayad.com.au

All AYAD placements proposed by the EDO are subject to final approval by AYAD, which will not be confirmed until after a suitable candidate has been nominated.

Your application to the EDO should include an AYAD application cover sheet, your CV in the AYAD format, a Statement against the Selection Criteria (available in the AYAD application form: http://www.ayad.com.au/forms-a-downloads/volunteers), and contact details for three referees.

Applications to be considered for nomination by the EDO are to be emailed to EDO International and must be received by Friday, 29 January 2010. Please contact Gillian Duggin, Acting International Programs Director, on (02) 9262 6989 for further information.

 

 

Untitled Document

This bulletin is meant for your general information. Where possible, references are given so that readers can access original sources or find more information. Any information contained in this bulletin does not represent legal advice.

The EDO does not endorse and is not affiliated with events advertised in the Community News section.

 

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This site was last updated Friday 22 January, 2010
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