< EDO NSW Bulletin #808

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Weekly email bulletin that aims to keep you up to date with all the latest important environmental law news from around NSW.


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13 May 2013 - Number 808

Contents

EDO NSW News and Events
1. EDO NSW Workshops and Materials on A New Planning System for NSW White Paper
 
Free Publications
2. FREE EDO NSW Publications
 
Law Reform and Policy Watch
3. A New Planning System for NSW White Paper released
4. Draft Metropolitan Strategy for Sydney
5. Protecting Our Places Program for 2013 – workshops
6. Have your say – Opportunities to Comment: NSW  
•    Epping Town Centre Urban Activation Precinct
•    Draft Marine-Based Industry Policy - Far North Coast and Mid North Coast NSW
•    Local Government Act 1993 reform

7. Have your say – Opportunities to Comment: Commonwealth
•    Climate Change Authority Caps and Targets Review

8. Recent EDO NSW submissions
9. New or Current Legislation Introduced to Parliament
10. Legislative Reviews


EDO NSW News and Events

1. EDO NSW Workshops and Materials on A New Planning System for NSW White Paper
The NSW government is building a new planning system to replace the current system under the Environmental Planning and Assessment Act 1979 (NSW), and has released a document detailing the new system as well as an exposure draft of the new legislation for public comment. It is important for the community to engage in these significant reforms, as the proposed new Planning Act will control how the environment, heritage, and communities are considered in planning and development decisions and processes in the future.
 
EDO NSW has prepared a briefing note on the key issues in the NSW government’s A New Planning System for NSW White Paper. EDO NSW is also producing a series of videos discussing the White Paper in the coming weeks. Stay tuned to this bulletin and our website for updates. Click here to visit EDO NSW’s web page on the planning reforms.
 
EDO NSW is holding a series of free workshops and seminars on the White Paper and draft legislation, and on how the community can engage effectively in this important part of the reform process.
 
Sydney TOMORROW Tuesday 14 May 2013, 12:30-1:30pm, DLA Piper, Level 38, 201 Elizabeth St REGISTRATIONS CLOSED
Campbelltown – Thursday 16 May 2013, 6-8pm, Hurley Park Hall, Dumaresq Street
Newcastle – Tuesday 21 May 2013, 6-8pm, Advanced Technology Centre, University of Newcastle – Callaghan Campus
Wollongong – Tuesday 28 May 2013, 7-9pm, Corrimal Community Centre, 15 Short Street, Corrimal
Blue Mountains – Thursday 30 May 2013, 7-8:30pm, Conservation Hut, Wentworth Falls
 
Workshops are also planned for the Northern Rivers. Stay tuned to this bulletin and the Events page of our website for dates. If you are unable to make it to one of our seminars or workshops, we will make these presentations available on our website.
 
RSVP is essential. For further information and to RSVP visit contact EDO NSW on 02 9262 6989 or education@edonsw.org.au.
 
With a permanent funding cut of 27% from our major funder we cannot do all this without your help. Please, donate today and help us to ensure that the new planning reforms work for the community and the environment.

 

Free Publications

2. FREE EDO NSW Publications
EDO NSW has prepared several plain-English guides to environmental law. Download your free copy of these guides from our website.
 
Mining Law in NSW: A guide for the community
This project has been assisted by the NSW Government through its Environmental Trust. Contact us at education@edonsw.org.au or call 02 9262 6989 to order a hard copy of this publication.
 
Rural Landholder’s Guide to Environmental Law in NSW, 4th Edition
This project has been assisted by the NSW Government through its Environmental Trust. The 4th edition of this publication is available online only. Contact us at education@edonsw.org.au or call 02 9262 6989 to order a hard copy of the 3rd edition of this publication.
 
Caring for the Coast: A guide to environmental law for coastal communities in NSW, 2nd Edition
The 2nd edition of this publication is available online only. Contact us at education@edonsw.org.au or call 02 9262 6989 to order a hard copy of the 1st edition of this publication.
 
A Guide to Private Conservation in NSW
This project has been assisted by the NSW Government through its Environmental Trust. Contact us at education@edonsw.org.au or call 02 9262 6989 to order a hard copy of this publication.
 
Caring for Country: A Guide to Environmental Law for Aboriginal Communities, 2nd Edition
This publication is available online only.
 
Getting the Drift: A community guide to pesticide use in the NSW Northern Rivers, 2nd Edition
This publication is available online only.
 
 

Law Reform and Policy Watch

If you are interested in reading more about other law reform and policy developments, see the weekly NSW Government Gazette, which is released at 2pm each Friday.
3. A New Planning System for NSW White Paper released
A New Planning System for NSW White Paper discusses community participation, strategic planning and State, regional, and local levels, as well as planning for infrastructure, a new approach to development assessment, and building regulation and certification. It is important for the community to engage in these significant reforms, as the proposed new Planning Act will control how the environment, heritage, and communities are considered in planning and development decisions and processes in the future.
 
Public comment is invited on the White Paper and draft legislation until 28 June 2013. EDO NSW has prepared a briefing note on the White Paper to assist the community to understand how the changes to the planning system will affect them and the environment. See item 1 of this Bulletin for more information, or visit our website.
 
Click here to visit A New Planning System for NSW website and to have your say, and stay tuned to this Bulletin and our website for updates on EDO NSW’s work on the White Paper.
 
4. Draft Metropolitan Strategy for Sydney
The NSW government is seeking public feedback on the draft Metropolitan Strategy for Sydney before it is finalised. The draft strategy builds on the Government’s May 2012 Issues Paper, and sets out a new plan for the city’s future over the next two decades.
 
In June 2012, EDO NSW prepared a key issues summary and made a submission on the Issues Paper. The new draft Strategy will replace the previous Metropolitan Plan for Sydney 2036 (2010). 
 
Submissions on the new draft strategy are invited until 31 May 2013. Click here for more information and to have your say.
 
5. Protecting Our Places Program for 2013 – workshops
The NSW Environmental Trust will be holding a series of information workshops on its Aboriginal environmental grants program for 2013. Applications for the program close Friday 31 May 2013. Workshops participants will learn:
 
•    what makes a good application
•    how to develop a budget and plan for project reports
•    how to access assistance in completing your application for funding
 
Participants will have the opportunity to workshop project ideas. Workshops will be held 10am-3pm. Morning tea and lunch will be provided.
 
Bowraville Tuesday 14 May
Newcastle Thursday 16 May
 
Online seminars combined with teleconferencing will also be held.
Monday 20 May 10am – 11am
 
Click here for more information and to register, or contact Aboriginal Programs Officer Jessica Herder and leave a message on 02 8837 6399, or the Environmental Trust on 02 8837 6093 or email info@environmentaltrust.nsw.gov.au.
 
6. Have your say – Opportunities to Comment: NSW
Opportunities for public comment are listed chronologically with closest closing date at the top.
•    Epping Town Centre Urban Activation Precinct
Feedback is being sought by the NSW Department of Planning and Infrastructure about proposed changes to planning controls for Epping Town Centre. The proposal seeks to rezone Epping Town Centre as an Urban Activation Precinct for a mix of residential, commercial, retail and community uses.
 
Submissions are invited until 19 May 2013. Click here for more information or to have your say.
 
•    Draft Marine-Based Industry Policy - Far North Coast and Mid North Coast NSW
The NSW Department of Planning and Infrastructure is seeking submissions on a draft policy to guide the location of marine-based industries on Far North Coast and Mid North Coast waterways.
 
The policy discusses economic growth and sensitive areas between Tea Gardens and the Queensland border, and includes criteria for site selection and guidance to local council plan-makers.
 
Submissions are invited until 17 June 2013. Click here for more information and to have your say.
 
•    Local Government Act 1993 reform
The Local Government Act 1993 (NSW) and the City of Sydney Act 1988 (NSW) are to be rewritten. The Minister for Local Government has appointed a four member Local Government Acts Taskforce to develop new, modern legislation that meets the current and future needs of the community, local government and the local government sector.
 
In undertaking its work the Taskforce is required to consult with key stakeholders and to take into account those recommendations of the Independent Local Government Review Panel that are adopted by the Government. Click here for the full Terms of Reference of the Local Government Acts Taskforce.
 
This discussion paper A New Local Government Act for NSW is designed to provoke thought and discussion on how the legislation and regulatory regime can be best designed to provide an optimum framework for long term sustainable local government in NSW. All interested organisations and persons are invited to comment on the ideas and proposals outlined in this paper.
 
Submissions are invited until 28 June 2013. Click here for more information and to have your say.
 
7. Have your say – Opportunities to Comment: Commonwealth
Opportunities for public comment are listed chronologically with closest closing date at the top.
•    Climate Change Authority Caps and Targets Review
The Climate Change Authority has commenced a review of Australia’s emissions reduction targets. This review will recommend emissions reduction targets for Australia and report on how we are tracking towards these targets. The Climate Change Authority has released an Issues Paper on the Caps and Targets Review.
 
Submissions on the Issues Paper are invited until 30 May 2013. Click here for more information or to have your say.
 
8. Recent EDO NSW submissions
[Note: Submissions marked ‘ANEDO’ refer to the Australian Network of EDOs, which deals with federal environmental issues]
•      Submission on the Draft Protection of the Environment Operations Amendment (Coal Seam Gas Activities) Regulation 2013
•      Submission on the Independent Review of Coal Seam Gas in New South Wales
•      Submission on Coal Seam Gas Exclusion Zones in NSW – draft Mining SEPP amendments
•      ANEDO Submission to the Senate Standing Committee on Environment and Communications regarding the Environment Protection and Biodiversity Amendment Bill 2013
•      ANEDO Submission on Productivity Commission Issues Paper – Major Project Development Assessment Processes
•      ANEDO Submission to Productivity Commission Issues Paper and Inquiry on Mineral and Energy Resource Exploration
•      ANEDO Submission to the Senate Inquiry into the impacts on health of air quality in Australia
 
9. New or Current Legislation Introduced to Parliament
NSW Parliament
NSW Parliament will next sit 21-23 May 2013. To view all Bills currently before Parliament, visit the Parliament of NSW website.
  
•     Marine Parks Amendment (Moratorium) Bill 2013
Currently, a moratorium on the creation of new marine parks and the alteration or creation of sanctuary zones within existing marine parks is imposed under the Marine Parks Act 1997. This is a government Bill which will allow alterations to the areas of existing sanctuary zones, or the classification of areas as new sanctuary zones, within marine parks. The Bill will also provide for reviews of zoning plans for marine parks, and allow the Marine Parks Authority to conduct reviews of zoning plans for marine parks during the moratorium period.
 
Click here to read the Bill or for more information.
 
•     National Parks and Wildlife Amendment (Illegal Forestry Operations) Bill 2012
This is a Private Members Bill which will create a new offence under the National Parks and Wildlife Act 1974 in relation to carrying out forestry operations, and increase the penalties for breaching conditions of a licence issued under the Threatened Species Conservation Act 1995.
 
Click here to read the Bill or for more information. Visit our website for more information about forestry regulation in NSW.
 
Federal Parliament
Federal Parliament will next sit 14 May 2013. To view all Bills currently before Parliament, visit the Parliament of Australia website.
 
No new Bills were introduced since the last Bulletin.
 
10. 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. Regulations are also subject to expiry and review.
 
Visit our Policy and Law Reform page to check our list of other Acts currently under review or shortly due for review, and to read about what a review involves.
 
The following Acts and Regulations are under review or may be of interest:
 
•     Aboriginal culture and heritage in NSW – consideration of options for reform
The start of a formal process leading to the broad reform of Aboriginal heritage legislation in NSW began with the passage of the National Parks and Wildlife Amendment Act 2010 (NSW) by the NSW Parliament in November 2010. The Aboriginal Culture and Heritage Reform Working Party has been reconstituted and is reviewing options to report to the Minister for the Environment, the Minister for Heritage, and the Minister for Aboriginal Affairs, for potential stand-alone legislation. Further information is available on the OEH website.
 
•     Review of the Native Vegetation Regulation 2005 and Review of the Private Native Forestry Code of Practice
To progress the review of the Native Vegetation Regulation 2005, Mr Joe Lane has been appointed as an independent facilitator. Click here for more information.
 
A survey on experiences with the way government regulates native vegetation was conducted from 10 November 2011 to 30 March 2012. Click here to read an independent report on the survey.
 
Opportunities for public comment have now closed – for updates on the review process visit the OEH website.
 
•     Review of the BioBanking Scheme
A review of the BioBanking Scheme is underway. Opportunities for public comment have now closed – for updates on the review process visit the OEH website.
 
•     Review of the Aboriginal Land Rights Act 1983 (NSW)
A review of the Aboriginal Land Rights Act 1983 (NSW) is currently underway. A specialist working group has been formed to review the Act, including representatives from the Aboriginal community. The review aims to establish whether expansion or change is required in order to meet the Act’s aims and objectives or to facilitate and to improve the efficacy of the Act. The working group has released a report on the review which can be accessed here. For further information, visit the Office of Communities website.
 
•     NSW waste and environment levy – independent review
The NSW Government is conducting an independent review into the operation of the waste and environment levy. Submissions have closed.
 
The final report has been released, with 17 proposed recommendations to improve the waste levy, drive greater recycling and better align future waste levy funding to stimulate infrastructure, combat illegal dumping and reduce littering. Click here to read the report.
 
The NSW government has announced Waste Less, Recycle More, which is a five-year $465.7 million waste and resource recovery initiative. Click here for more information about the initiative.
 
11. Local Environmental Plan Tracking
To access the LEP tracking system visit the Department of Planning and Infrastructure website. Read more about LEPs in our Fact Sheet on LEPs.
 
Councils which have lodged planning proposals for creating or changing their Local Environmental Plans (LEPs) in the past 7 days are:
•     Hornsby – Reclassification of 18X Water Street
 
 

Environmental Law Notices – NSW

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 and Infrastructure website. To learn more about the planning process for major projects, read our Fact Sheet on State Significant Development and State Significant Infrastructure.
 
The following project proposals have been listed since the last bulletin:
•      Maules Creek – Maules Creek Coal Mine – Modification 1 – Power line and switching station
•      Mundamia – George Evans and Jonsson Road - Residential subdivision – Project application
•      Mundamia – George Evans Road - Residential subdivision – Project application
 
13. Major Project Determinations
For a full list of Major Project determinations by the Minister for Planning (or delegate) in relation to development proposals, visit the Department of Planning and Infrastructure website.
 
The following determinations have been made since the last bulletin:
•      Huntley – Brown’s Creek to Orange gas pipeline relocation
•      Perisher Valley – Perisher Supermarket - extend glazing & refit shop
•      Wallerawang – upgrade to existing coal loader
•      Penrith – Modification to SSD – infrastructure, landscaping and subdivision works
•      Caringbah – Extension to Kareena Private Hospital
•      Homebush – Columbia precinct – mixed use development concept plan application
•      Prospect – Modification to original approval to include remediation of site due to asbestos
•      Ryde – Modification to residential development approval
 
14. Plans of Management: Invitation to Comment
The full listing of conservation plans is available for public comment on the Office of Environment and Heritage website. To learn more about Plans of Management, see our Fact Sheet on protected areas.
 
•      Bournda National Park: Proposed Amendments to Plan of Management – open for comment until 13 May 2013
•      Tabbimoble Swamp Nature Reserve draft plan of management – open for public comment until 17 June 2013
•      Bargo River State Conservation Area draft plan of management – open for public comment until 24 June 2013
 
15. Current Coal and Petroleum Exploration Licence applications and Petroleum Special Prospecting Authority applications
To view current coal and petroleum (including CSG) exploration licence applications and approvals, visit the Minerals and Petroleum website. More information on exploration licence documents and updated titles mapping is also available on the website. The NSW Government Gazette also contains a list of all exploration and mining lease applications and determinations. Public comment can be made on coal and petroleum (including CSG) exploration licence applications on the Minerals and Petroleum website. To learn more, read the EDO NSW publication Mining Law in NSW: A guide for the community.
 
Current Coal Exploration Licence applications
•     Ravensworth – ICRA Cumnock Pty Ltd - ELA 3707
•     Warkworth – Coal & Allied Operations Pty Ltd - ELA 4008
•     Gunnedah – Namoi Mining Pty Ltd – ELA 4695
•     Boggabri – Whitehaven Coal Mining Limited – ELA 4697
•     Lithgow – Centennial Springvale Pty Limited – ELA 4719
•     Ravensworth – Glendell Tenements Pty Ltd – ELA 4721
•     Warkworth – Saxonvale Coal Pty Ltd – ELA 4782
See this list for all coal titles and applications in NSW as of 1 May 2013.
 
Current Petroleum Exploration Licence applications (includes CSG)
•     Lismore – Tito Trapuzzano - PELA 127
•     Lismore – Tito Trapuzzano - PELA 128
•     Lismore – Metgasco Ltd - PELA 130
•     Drake – Macquarie Energy Pty Ltd - PELA 133
•     Drake – Summerland Way Energy Pty Ltd - PELA 135
•     Lightning Ridge – Comet Ridge Pty Ltd – PELA 137
•     Wollongong – Apex Energy NL – PELA 138
•     Wilcannia – Acer Energy Limited – PELA 139
•     Cobar – Acer Energy Limited – PELA 140
•     Wilcannia – Acer Energy Limited – PELA 141
•     Menindee – Acer Energy Limited – PELA 142
•     Mount Hope – Acer Energy Limited – PELA 143
•     Oaklands – NSW Aboriginal Land Council – PELA 144
•     Jerilderie – Petro Tech Pty Ltd – PELA 145
•     Deniliquin – Petro Tech Pty Ltd – PELA 146
•     Dubbo – Petro Tech Pty Ltd – PELA 147
•     Pooncarie – Petro Tech Pty Ltd – PELA 148
See this list for all petroleum titles and applications in NSW as of 1 May2013.
 
Current Petroleum Special Prospecting Authority Applications (includes CSG)
•     Lismore – Clarence Moreton Resources Pty Ltd – PSPAPP 48
•     Tibooburra – Northern Territory Oil Limited – PSPAPP 54
•     Murwillumbah – NSW Aboriginal Land Council – PSPAPP 55
•     Kempsey – NSW Aboriginal Land Council – PSPAPP 56
•     Cobar – NSW Aboriginal Land Council – PSPAPP 57
•     Queanbeyan – NSW Aboriginal Land Council – PSPAPP 60
See this list for all petroleum titles and applications in NSW as of 1 May 2013.
 

Environmental Law Notices – Commonwealth 

16. EPBC Referrals: Invitation to Comment
Referrals under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) are available for comment on the Department’s website. To learn more, read our Fact Sheet on the EPBC Act.
 
The following referrals have been listed in the last 7 days:
Queensland
•      Benarby – Residential, commercial and industrial development  
•      Mango Hill – Residential development
 
Western Australia
•      West Arthur – 8km north east of Darkin – clearing vegetation to upgrade and widen western end of Howie Road
•      Augusta – 320km south-south-west of Perth – vegetation clearing for sand extraction Aubin Grove – Residential development
 
 

Community News

17. Hawkesbury-Nepean Catchment Management Authority free seminar – ‘Can money grow on trees?’
The Hawkesbury-Nepean Catchment Management Authority will host a discussion in Sydney on the Carbon Farming Initiative’s Environmental Plantings methodology and how planting trees on your property can potentially the profit and productivity of farms.
 
Speakers include:
•           Michael Rooney (Greening Australia) - The CFI Environmental Plantings methodology and how to get involved
•           David Marsh (Farmer, Boorowa) - How planting trees can improve your farm's productivity
•           Dr Anne Kerle (Consulting Ecologist) - Ecological research on the benefits of trees to farm productivity
 
When: Monday 20 May 2013
Where: The Menzies Hotel, 14 Carrington Street, Sydney
Time: 6 – 8pm (includes supper)
 
Bookings are essential. Click here to book your place. For more information email landcaresydney@cma.nsw.gov.au or contact Angela Maier on (02) 9895 6126 (Mon, Wed).
 
18. Total Environment Centre – North Coast Energy Forum
The Total Environment Centre will host the 2013 North Coast Energy Forum in Lismore. The theme of this year's forum is Growing our own: creating a sustainable energy system for the north coast.
 
The keynote speaker is Chris Dunstan, Research Director in the Institute for Sustainable Futures at UTS and lead author of the  Australian Decentralised Energy Roadmap. A range of energy industry experts, regional leaders and local innovators will be taking part in the forum. There will be three concurrent sessions in both the morning and afternoon. A panel of local, state and federal politicians will respond to ideas at the end of the day.  There will be opportunities during the day for participants to engage in the debate.


When: Friday 31 May 2013
Where: Italo Club, North Lismore
Time: 6 – 8pm (includes supper)
 
Click here for the program for the event and more information. Bookings are essential , click here to book your place. For more information please email Mark Byrne on markb@tec.org.au or call Robyn on 0413698104.
 
19. Energy Efficient Lighting Training
The Office of Environment and Heritage is hosting a two day energy efficient lighting training designed to help people understand what lighting technologies are available, help to investigate best practice lighting solutions, and then apply them. Businesses that are interested in a lighting upgrade on their site will be guided through the process from identification of opportunities to procuring the end product. This course is for facilities managers, environment officers, procurement staff, site managers, site engineers and employees managing lighting projects.
 
When: 15 May & 6 June, 2013
Where: Sydney Masonic Centre, Composite Room, 66 Goulburn Street Sydney
 
Click here for more information, or contact Eric Kellenbach: eric.k@practical-sustainability.com 02 9488 9494 or Julien Freed: freed1@optusnet.com.au (02) 9801 8200.
 
20. Peter Cullen Water & Environment Trust Leadership Program
After highly successful Leadership Programs in 2010, 2011 and 2012, the Peter Cullen Trust has opened applications for the 2013 Science to Policy Leadership Program, commencing in September 2013.
 
This Program focuses on raising awareness of key issues amongst mid-career rising stars. The program builds leadership and communication skills specifically geared to bringing about positive change in water and catchment management in Australia.  The Trust selects those who are highly skilled and motivated and can continue the work of Peter Cullen.
 
Employer sponsored applications close 1 July 2013. Click here for more information and to apply.
 
21. NCC’s 9th Biennial Bushfire Conference
The Nature Conservation Council of NSW’s 9th Biennial Bushfire Conference will explore the role holistic fire management can play in making our landscapes and communities more resilient in a changing climate. Holistic fire management involves integrating fire as a land management tool for maintaining and enhancing biodiversity whilst protecting life and property.
 
The importance of shared responsibility for risk mitigation and environment will be a key theme throughout the conference.
 
Join NCC for two days of new scientific research, on ground management success stories, expert panel discussions and informal discussion time. The conference will be of interest to people involved in bushfire planning, management and operational activities, including land and fire managers, property owners, volunteers and the wider community.
 
When: 4-5 June 2013, 9am–5pm
Where: NSW Teachers Federation Conference Centre, Surry Hills
Details: Michelle Rose or Anne Miehs at bushfireconf2013@nccnsw.org.au
 
Click here for more information about the conference.
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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 NSW does not endorse and is not affiliated with events advertised in the Community News section.

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