EDO NSW BULLETIN – 26 August 2010: Number 674

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. New EDO Case: Friends of Turramurra Inc v Minister for Planning

The EDO is acting for the Friends of Turramurra Inc who have commenced class 4 proceedings in the Land and Environment Court to challenge the decision of the Minister for Planning to gazette the Ku-ring-gai Local Environmental Plan (Town Centres) 2010 . The case will focus on whether the correct procedures for making a new LEP under the Environmental Planning and Assessment Act 1979 were followed with particular focus on biodiversity issues and public participation. The matter is listed for first directions on 17 September 2010.

2. FREE EDO workshop – Private Conservation – Branxton

Much of the high conservation value vegetation in NSW is on private property and this vegetation provides critical habitat to many threatened species.

Governments and other environmental organisations have recognised the need to protect biodiversity on private land by offering a range of formal and informal agreements and incentives.

The Environmental Defenders Office is hosting a free workshop on private conservation in NSW.

Date : Friday 22 October
Time : 11 am – 1 pm
Venue : Branxton Golf Club, 25 Cessnock Road , Branxton

The session will feature short talks from EDO lawyers explaining the various options that are available for landowners and the legal implications of each.

Representatives of Private Conservation providers such as the Department of Environment, Climate Change and Water will also be on hand to address the audience and answer your questions. All attendees will be provided with a free copy of the EDO 's publication, ‘A guide to private conservation in NSW'.

After a complimentary light lunch, the optional afternoon session will involve a visit to two properties which are subject to private conservation mechanisms.

Attendance is free, but prior registration is essential .

Please RSVP to education@edo.org.au or 02 9262 6989 by 15 October.

This project has been assisted by the NSW Government through its Environmental Trust .

3. FREE copies of the new publication A Guide to Private Conservation in NSW

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.

A new EDO publication is now available for free upon request. A Guide to Private Conservation in NSW provides an overview and critical analysis of all the private conservation mechanisms available to NSW landholders. The guide is designed to help landholders to understand the different private conservation options and choose the one that is right for them. It covers everything from Conservation Agreements and Trust Agreements to Wildlife Refuge Agreements and much more.

This project has been assisted by the NSW Government through its Environmental Trust and the EDO is very grateful for this support.

To order your free copy of the publication please call (02) 9262 6989 or email education@edo.org.au .

Boxes of 120 are also available to groups or organisations.

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

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.

This 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.

This project has been assisted by the NSW Government through its Environmental Trust.

Law and Policy Watch

5. Case Update: Minister for Planning v Moolarben Coal Mines Pty Ltd [2010] NSWLEC 147

Moolarben Coal Mines Pty Ltd (the Defendant) was given development approval under Part 3A of the Environmental Planning and Assessment Act 1979 (EP&A Act) for the establishment and operation of coal-mining activities, including three open-cut coal mines and associated infrastructure and facilities.

Moolarben Coal Mines subsequently entered into an agreement with a neighbouring coal mine to erect a boundary fence. In carrying out this work the Defendant cleared land along one boundary, including 1.3 hectares containing White Box Yellow Box Blakely's Red Gum Woodland which is an endangered ecological community. This clearing was neither sanctioned by the Part 3A approval nor subject to any further development consent.

The Minister for Planning commenced proceedings against the Defendant for a breach of s. 125(1) of the EP&A Act.

The Land and Environment Court found that the commission of the offence caused actual environmental harm, although the harm was found to be minimal, with short to medium term rather than medium to long term effect. Despite a maximum penalty of $1.1 million, a penalty of $70,000 plus costs was imposed.

6. Case Update: Gordon Plath of the Department of Environment and Climate Change v Fish; Gordon Plath of the Department of Environment and Climate Change v Orogen Pty Ltd [2010] NSWLEC 144

The defendants, Anthony Fish and Orogen Pty Ltd (Orogen), were charged with an offence against s 118D of the National Parks and Wildlife Act 1974 (the NPW Act).

In mid 2006 a subsidiary of the developer Buildev Group (Buildev) employed Orogen and Anthony Fish for professional guidance on planning and ecology matters in their development application to Port Stephens Council.

Orogen and Mr Fish provided Buildev with advice on what vegetation could be lawfully cleared on the property in question based on the provisions of the Native Vegetation Act 2003 .

However, both Orogen and Mr Fish were aware that the property contained koala habitat and koala movement corridors (these being subject to the provisions of the NPW Act). The defendants failed to advise the developer that damaging the koala habitat was unlawful under the NPW Act. The developer subsequently cleared the vegetation containing based on the advice of the defendants.

Both defendants pleaded guilty and were convicted. Justice pain imposed fines totalling $15,000 ($5000 Fish; $10,000 Oregon ). Justice Pain imposed this fine with consideration to the $105,000 in prosecutor's costs that the defendants were also ordered to pay. The defendants agreed to equally share the payment of these costs. Both defendants were also ordered, pursuant to s. 205(1)(c) of the NPW Act , to conduct mapping in specific parts of the koala habitat and to publicise the offence.

7. Policy Submissions

• Submissions invited for the Draft Minister's requirements under the Coastal Protection Act

Comments are invited on the four sets of questions in this draft and on any other concerns with the draft. Where concerns are raised, recommended changes to address these concerns would be valued.

You can access the draft here: http://www.environment.nsw.gov.au/resources/water/coasts/10706minrqrcoastalprotact.pdf

Please send your submissions on this consultation draft by email to: coast.flood@environment.nsw.gov.au

Or by post to: Executive Officer, Waters, Wetlands and Coast Division Department of Environment, Climate Change and Water, PO Box A290, Sydney South NSW 1232

Submissions must be received by 5 pm, Friday 10 September 2010 .

• Invitation to comment on National Parks & Tourism – Sustainability Assessment Criteria – Consultation Draft

Following the passage of the National Parks and Wildlife Amendment (Visitors and Tourists) Bill 2010, the NSW National Parks and Wildlife Service (NPWS) is now working to implement the provisions of the Bill ahead of a commencement date - anticipated to be mid-late 2010.

As part of implementing the Bill, NPWS will finalise clear guidance for staff and for operators who may wish to consider partnering with NPWS in delivering new or revitalised visitor experiences.

For more information, please visit:

http://www.environment.nsw.gov.au/resources/parks/tourism/Sustainabilityassesscriteriadraft.pdf

• Voluntary renewable energy for NGERS – discussion paper

On 7 July 2010, the Department of Climate Change and Energy Efficiency (DCCEE) released the discussion paper ‘Treatment of renewable energy in the National Greenhouse and Energy Reporting System'.

The discussion paper can be accessed at www.climatechange.gov.au

The deadline for submissions has been extended to 13 September 2010 .

Submissions can be sent to: Renewable Energy and NGER Reporting Policy Team Department of Climate Change and Energy Efficiency GPO Box 854 CANBERRA ACT 2601 Fax 02 6159 7003 Email: reporting@climatechange.gov.au

Recent EDO submissions

• Submission on the Draft Ecological Harvesting Plan Guideline for Endangered Ecological Communities

16 August

http://www.edo.org.au/edonsw/site/pdf/subs10/100817pnf_in_eecs_letter.pdf

• Submission on the Draft Biodiversity Certification Methodology
30 July 2010 http://www.edo.org.au/edonsw/site/pdf/subs10/100730draft_biodiversity_certification_methodology.pdf

8. New or current legislation introduced to Parliament

Parliament is currently in recess. Parliament resumes for the next session on 31 August.

Two Bills have been held over for debate next session:

• The Marine Parks Amendment (Moratorium) Bill 2009 seeks to amend the Marine Parks Act 1997 to impose a 5 year moratorium on the declaration of additional marine parks or the expansion of sanctuary zones within existing marine parks. This is a private members Bill introduced by Robert Brown MLC of the Shooters Party. This Bill has received provisional support from the NSW Government.

For more information, visit:

http://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/0/15C3082AFA209879CA257729000B7A84

• A new Bill to amend the NSW Coastal Protection Act 1979 was introduced into the NSW Parliament on Friday 11 June. The object of the Coastal Protection and Other Legislation Amendment Bill 2010 is to amend the Coastal Protection Act and other legislation to deal with coastal erosion and projected sea level rise.

For more information, visit: http://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/0/F6EA37399E3B2664CA25773D002191BC?Open&shownotes

9. 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:

• The Threatened Species Conservation Act 1995 is due for 5 yearly review following amendments made in 2004. For a full list of legislation due for review, please refer to the policy and law reform page of the EDO website: http://www.edo.org.au/edonsw/site/policy.php#uprev

10. 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

The following local government areas have lodged planning proposals during the past seven days:

Gosford
Burwood

EDO in the Media

11. Northern Rivers Echo : In Your Defence: More about the Lismore Draft LEP (26 August 2010)

In his monthly column, EDO Northern Rivers Education Officer Mark Byrne responds to community concern about the draft Lismore Local Environmental Plan.

“ In the ongoing debate about the “E” (environmental) zones in the Lismore Draft Local Environmental Plan, a few fundamentals of planning and environmental law might be worth reiterating.”

The column will be published on Friday 26 August. To access the article please visit: http://www.echonews.com.au/opinion/columns

Environmental Law Notices – New South Wales

12. 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

• Stratford coal mine – increased production
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=4148

13. 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

• Western Sydney Regional Park – Draft Plan of Management
http://www.environment.nsw.gov.au/parkmanagement/WesternSydneyRPdraft.htm

• Draft Maclean Flying Fox Management Strategy
http://www.geolink.net.au/index.php?page=Projects_display&select=List&rowid=491

14. Department of Lands – Public Exhibition

The items are currently being exhibited for public comment. Visit http://www.lands.nsw.gov.au/about_us/publications/exhibition for more information.

There are no new items since the last e-bulletin

Environmental Law Notices – Commonwealth

15. 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:

Victoria

Hasting - Upgrade of the existing Thornhill St Sewer Pump Station
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5618

Queensland

Mount Crosby - Abermain to Lockrose High Voltage Distribution Line
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5616

Springdale ,10 km N of Gatton, to Blackwall, west of Brisbane - Springdale to
Blackwall Transmission Line Project
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5615

Western Australia

Windarling Range , Shire of Yilgarn - Koolyanobbing Iron Ore Project - Deposit Deepening
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5619

Neerabup - Excavate sand and limestone resources
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5621

7km south of Gingin & 6km east of the Brand Highway - Lennard Road site approx 90km north of Perth Central Business District
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5620

15km east of the City of Bunbury in the Shire of Dardanup - South Western Highway Reconstruction between Waterloo and Hynes Roads, Waterloo
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5617

Lot 1 near Tuia Road , Southampton - Millstream Dam Expansion
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5614

Community News

16. Gosford Climate Change Forum

What can we do to react to the threat of Climate Change? Come along to this free event and discuss our future!

Speakers will be:

Dr Richard Corkish, Head of School Photovoltaic and Renewable Energy Engineering , NSW University .
Dr Adam Lucas, Lecturer Science and Technology Studies, Wollongong University .
A spokesperson from the Climate Future committee .

Date: Saturday, 18 September 2010
Time: 1:30pm to 4pm
Venue: Gosford Senior Citizens Centre, 217 Albany Street North , Gosford
RSVP: email CEN at cen@cen.org.au ph 43494756 or ring John Wiggin @ 4323 1843 or email pso795@iprimus.com.au

17. Position Vacant: AYAD Assignment Environmental Impact Assessment Policy Officer – Kiribati

Would you like to use your skills and experience to volunteer in a developing country?

The Australian Youth Ambassadors for Development Program (AYAD) sends young Australians aged 18-30 on short term volunteer assignments (3-12 months) throughout Asia, the Pacific and Africa . These assignments are fully-funded by the Australian Government through AusAID.

Environmental Defender's Office NSW (Ltd) will be supporting an Environmental Impact Assessment Policy Officer assignment in Kiribati . To apply for this assignment please go to: http://www.ayad.com.au/assignments

Name of Host Organisation : Ministry of Environment, Lands & Agricultural Development (MELAD) - Environment & Conservation Division
Location : Tarawa , Kiribati (Remote Location)
Duration : 12 months

18. Australia 's 2010 Forest Forum – Bateman's Bay – Free entry

Speakers include Professor Ian Lowe, Prof. Brendan Mackey, Dr. Judith Ajani and more experts. Others invited include Peter Garrett, Greg Hunt & Bob Brown. Ecopella Choir. Brass Band, Art, Video & more!

Where : Batemans Bay Soldiers Club
When : Door-opening 10am sharp on 11 September 2010

Lunch available.

For more information , please visit: www.nature.net.au