EDO NSW Bulletin #523

14 August 2007: Number 523

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

EDO Northern Rivers Funding Renewal

EDO NSW Case: Drake-Brockman v Minister for Planning & Anor (the “CUB case”)

EDO Northern Rivers Workshop: Rural Landholder's Guide to Environmental Law

EDO NSW Seminar: How to get Heard: Insider tips on advocacy and the law

EDO VIC Job Vacancy: Solicitor

EDO Sydney : Volunteer Positions

Major Project Proposals – Invitation to Comment

State Conservation Notices – Invitation to Comment

EPBC Referrals – Invitation to Comment

Nominations for the National Threatened Species List – Invitation to Comment

Concert for Cape York- Sunday 26 August, The Wilderness Society

EDO Northern Rivers Funding Renewal

The EDO has been advised that our Northern Rivers Office has gained the continued generous support of the NSW Law Society's Public Purpose Fund. Funding has increased so as to support an addition to our Lismore office team, with a community legal education and outreach officer.

We are greatly indebted to the ongoing enthusiasm and support of the Public Purpose Fund, which provides a substantial foundation for our ongoing work to empower communities to protect the environment.

EDO NSW Case: Drake-Brockman v Minister for Planning & Anor (the “CUB case”)

Mr Matthew Drake-Brockman, represented by the EDO and barristers Mr Francis Douglas QC and Mr Jason Lazarus, challenged the validity of the Minister for Planning's approval for a concept plan for the redevelopment of the former Carlton United Breweries site on Broadway in Sydney. The Land and Environment Court Class 4 proceedings were dismissed on 13 August.

The concept plan proposed a large residential and commercial development. Mr Drake-Brockman alleged that the Minister failed to adequately consider the principles of ecologically sustainable development, and in particular the impact on climate change. Other grounds of challenge included that the Director-General failed to include in his report a statement relating to compliance with the environmental assessment requirements for the proposal, and the Director-General issued environmental assessment requirements for the proposal before the concept plan application was even submitted.

This judgment reinforces concern about the large discretionary power permitted to the Minister under Part 3A of the Environmental Planning and Assessment Act, and the weakness of the requirement to merely ‘consider' ecologically sustainable development .

EDO Northern Rivers Workshop: Rural Landholder's Guide to Environmental Law

The EDO Northern Rivers, in conjunction with Tuntable Creek Landcare, will present a practical workshop about environmental and legal issues which particularly affect rural landholders.

The workshop will commence with a tour of two regeneration sites currently managed by Tuntable Creek Landcare.

The following topics will be covered:

vegetation management
bushfire management
water management
pest and weed control
agricultural chemicals, and
incentives for voluntary conservation.

In addition, there will be a special focus on the laws relating to threatened species with guest speaker Mark Graham, an ecologist from Buckombil Conservation Services, who will be discussing the threatened species regime as it is relevant to local issues.

Date :                 Saturday 18 August 2007
Time :                1.30 – 5.30 pm finish (approximately)
Venue :             Tuntable Creek Hall, Tuntable Creek Road , opposite Tuntable Creek School , located approx. 7 km north of Channon.
RSVP :              Jessica Wood on (02) 6621 1012

Afternoon tea will be provided.

EDO NSW Seminar: How to Get Heard - Insider tips on advocacy and the law

Please come along to our free seminar, designed to inform you on how to improve your capacity to engage with governmental decision-makers and the legal system on environmental issues that are of concern to you.

Speakers include Commissioner Tim Moore, from the Land and Environment Court , Ted Plummer, a former adviser to the Minister for the Environment, and Tim Moore, an Area Manager for City of Sydney Council .

Date :                 Thursday 13 th September 2007
Time :                5.30 pm for 6 pm start
Venue :             DLA Phillips Fox, 201 Elizabeth Street Sydney
Cost :                 Free
RSVP :              Eszter Kovacs (02) 9262 6989

The EDO would like to thank DLA Phillips Fox for providing a venue for this event.

EDO VIC Job Vacancy: Solicitor

The Environmental Defender's Office in Melbourne is looking to recruit a full-time Solicitor to join their dynamic team. Part-time and flexible working hours are possible.

Selection Criteria

Admission or eligible for admission to legal practise in Victoria
Knowledge of environmental law and environmental issues
Ability to provide legal advice orally and in writing
Good file management skills, including the capacity to run files with minimal administrative support
Experience in the conduct of litigation in the Victorian Civil and Administrative Tribunal and other jurisdictions
Demonstrated commitment to environmental issues
Legal research skills
Excellent written and oral communication skills
Computer skills including the ability to use Microsoft Word
A current driver's licence

To apply, please send your application, including your CV and selection criteria, by the closing date of 5 pm Monday 20 August 2007.

For further information please go to www.edo.org.au/edovic or contact Brendan Sydes, Principal Solicitor, on (03) 8341 3100.

EDO Sydney : Volunteer Legal Positions

Our Sydney office is looking to recruit a number of legal volunteers to help out in our Office over the next few months.

The EDO owes a great deal to the invaluable contribution, commitment, enthusiasm and hard work of our volunteers. The EDO seeks lawyers and law students that have studied NSW environmental law, or have experience in environmental law practice.

Applicants will be interviewed before being accepted as a volunteer. We ask our volunteers to make a commitment of at least one day per week for a minimum of two months. We currently have vacancies Monday-Thursday.

To apply, please send an email briefly outlining your relevant skills and experience, and attaching a CV. In addition, please complete our online form or MS Word document available at www.edo.org.au/edonsw/site/jobs_volunteer.php#vols as an attachment to your e-mail application.

Please note the Closing Date is Friday 24 August 2007.

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://www.planning.nsw.gov.au/asp/das.asp

Ingleburn : Gas Storage and Distribution Centre

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 www.nationalparks.nsw.gov.au. Follow the link entitled ‘Conservation Plans for Public Comment' on the left side of the screen.

There have been no new nominations since last Bulletin.

EPBC Referrals – Invitation to Comment

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

Title: Bodington Hospital Site Remediation

Proponent: Ian McLennan, Senior Environmental Scientist, Golder Associates Pty Ltd.

Site: Bodington Drive, Wentworth Falls

Ref no : 2007/3606

Comments due : 20 August 2007

Description : Waste materials need to be cleared from the Bodington Hospital site, after the site contamination was subject to a NSW DECC (EPA) audit. The proposed project is minor, with the construction of a retaining wall along the base of a slope to prevent erosion, and protect the further seeping of dumped waste. In addition,

Waste materials will be gathered and placed behind new retaining wall,
Soil cover layer over waste,
Landscaping and fencing to prevent waste or emissions spread or exposure.

A long-term management plan for the site is also to be developed.

Title: Proposed Subdivision/ Residential development, Armidale

Proponent: Dr Elizabeth Broese, EA Systems Pty Ltd.

Site: Seaton Street, Armidale

Ref no : 2007/3605

Comments due : 20 August 2007

Description : The proposal includes an industrial subdivision development in land located in Seaton Street Industrial Area. Approximately 30 industrial lots are planned.

Nominations for the National Threatened Species List – Invitation to Comment

Nominations of species and ecological communities for inclusion on the National Threatened Species List are available for comment on the Department of Environment and Water Resources website at: www.environment.gov.au/biodiversity/threatened/nominations.html

No new NSW nominations

Concert for Cape York - Sunday 26 August, The Wilderness Society

Concert for Cape York is a celebration and fundraiser on behalf of The Wilderness Society for this beautiful area to gain wider global recognition. The concert will comprise a large symphony orchestra, William Barton on the didgeridoo, inspiring speakers, including Richard Moorecroft as MC, as well as stunning photographic projections by Kerry Trapnell.

Date :               Sunday 26 August 2007
Time :              2.30 p.m. – 5 p.m.
Venue :           Sydney Town Hall
Tickets :          $30/$20 (concession). All proceeds will go towards the protection of Cape York .

For more information, please visit http://www.wilderness.org.au/capeyork/concert-for-the-cape/index.html or The Wilderness Society on (02) 9282 9553. Tickets can be purchased directly from www.moshtix.com.au or on (02) 9209 4614.

EDO New South Wales offers free telephone advice on the Environmental Law Line. Open Tuesday, Wednesday and Thursday between 2:30pm and 5:30pm. Call 02 9262 6989, or for NSW residents outside of Sydney call 1800 626 239.

If you require the assistance of an interpreter please call TIS National on 131 450 and ask to speak with the Environmental Defender's Office on 02 9262 6989

For more information on fact sheets, publications or on becoming a Supporter of the EDO, please contact .

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.