EDO NSW Bulletin #527

EDO NSW BULLETIN – 10 September: Number 527

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

EDO Case: Success in Watt v Forests NSW

EDO Case: Success in Bungendore Residents Action Group Inc. v Palerang Council & Navaroo Constructions Pty Ltd

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

EDO NSW Seminar: Making Our Cities Climate Friendly: Lessons from the CUB litigation

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

Nature Conservation Council of NSW Forum- Our Forests Our Future

EDO Case: Success in Watt v Forests NSW

The EDO has successfully represented Gerry Watt in a Freedom of Information matter before the NSW Administrative Decisions Tribunal. Mr Watt sought from Forests NSW the separate royalty rates for pulp logs in the Southern and Eden Regional Forest Agreement regions for 2003-2004.

Forests NSW initially refused access to the information based on 3 exemptions under the Freedom of Information Act:

The information was commercial in nature;
The information concerned the business, professional, commercial or financial affairs of a company, where the release of the information could be reasonably expected to have an unreasonable adverse effect on those affairs or prejudice the future supply of the information to the agency or the Government; and
The release of the information would found an action for breach of confidence.

The Tribunal rejected all of the above clauses as reasons for exemption, and determined to release the documents.

In arriving at a decision, Tribunal Member Stephen Montgomery said:

“In my view, the factors favouring disclosure are sufficiently strong to justify disclosure. These factors all favour the opportunity for debate on an issue of significant public interest - the socioeconomic and ecological value of these publicly owned forests and whether the existing operations provide an adequate return to the community from the use of a public resource. An uninformed public cannot usefully participate in that debate."

EDO Case: Success in Bungendore Residents Action Group Inc. v Palerang Council & Navaroo Constructions Pty Ltd

A decision in this case was recently handed down by Justice Pain of the Land and Environment Court of NSW.

Justice Pain found in favour of the EDO 's client, the Bungendore Residents Action Group Inc (BRAG). BRAG was challenging a decision of the Palerang Council to approve a development application lodged by Navaroo Constructions Pty Ltd.

The development application was for a major subdivision for residential development near Braidwood in the NSW Southern Highlands. BRAG considered the allotments to be too small and too close together. It is also believed that the area is too dry to sustain the number of new residences. The group was also concerned about the risk that groundwater constituting the town's drinking water would be contaminated if the subdivision's sewerage treatment plant was affected by flooding.

EDO solicitor, Jacquie Svenson, who has managed this case since it commenced in April 2005 says she is delighted by the outcome and very pleased to be able to give her clients good news after such a long time.

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 how to improve your capacity to engage with government 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:

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

EDO NSW Seminar: Making Our Cities Climate Friendly: Lessons from the CUB litigation

In the recent CUB case (Drake-Brockman v Minister for Planning & Anor) a local resident, represented by the EDO, challenged the approval under Part 3A of a massive redevelopment of the CUB site on Broadway. The challenged was partly based on a failure to adequately consider climate change.

This seminar will explore how we can tackle climate change in our cities, with a particular focus on the future of the CUB site.

Speakers will include Deputy Mayor Chris Harris and EDO solicitor Kirsty Ruddock.

Date: Tuesday 18 th September

Time: 5.30 for 6 pm start

Venue: Lord Mayors Reception Room, Sydney Town Hall

Cost: Free

RSVP: Jemilah Hallinan on (02) 9262 6989

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

Murray Downs : Environmental Impact Statement for Murramel Sand Mine.

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.

Draft Conservation Management Plan

Meeting Place Precinct - On public exhibition to 19/10/2007.

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: Subdivision of Lot 447 DP 48649 Joalah Road , Duffy's Forest

Proponent: Information Gateways

Site: Duffy's Forest, Warringah LGA

Ref no : 2007/3700

Comments due : 24 September 2007

Description : The proposal is to subdivide the site into a total of nine lots- six rural residential lots and three public reserve lots.

Title: Abel Coal Project, Stockrington NSW

Proponent: Donaldson Coal Pty Ltd

Site: John Renshaw Drive, Blackhill, NSW 2322

Ref no : 2007/3695

Comments due : 24 September 2007

Description : Development of a new underground coal mine and associated surface facilities in the Black Hill area, 23km north-west of Newcastle . The Abel Coal Project will extract up to 4.5 Mtpa of coal over 21 years from the upper and lower Donaldson seams. Coal will be transferred to the existing Bloomfield Coal Handling and Preparation Plant immediately to the north for coal washing and rail transport to the Port at Newcastle .

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

Draft Recovery Plans for endangered species already listed are available for comment at http://www.environment.gov.au/biodiversity/threatened/recovery-comment.html

No new Draft Recovery Plans

Nature Conservation Council of NSW Forum- Our Forests, Our Future.

Why are our forests being destroyed at an alarming rate? And what will it take for politicians save them?

Join forest campaigners from groups across Australia for a full day forum on the science and politics of forests.

Where : Balmain Town Hall , Sydney
When : 10am-5pm Saturday 15th September 2007
How much : Admission free, lunch $5 on the day.
RSVP : 7 September 2007

To book or for more information visit the NCC website at www.nccnsw.org.au/forests

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.