EDO NSW Bulletin #529

EDO NSW BULLETIN – 26 September: Number 529

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

Anvil Hill decision highlights need for law reform

EDO NSW Job Vacancy: Assistant Policy Officer

EDO Northern Rivers Job Vacancy: Education Officer

EDO Northern Rivers Job Vacancy: Locum Solicitor

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

Greenpeace Asia Pacific- Celebrating 30 years of action

Anvil Hill decision highlights need for law reform

On 20 September 2007, the Federal Court dismissed a challenge by the Anvil Hill Project Watch Association (the Association) to the decision of the Federal Minister for the Environment that the Anvil Hill open cut coal mine was not a controlled action under the EPBC Act and did not require further environmental assessment.

The Association, represented by the EDO and barristers Lucy McCallum SC and Chris McGrath, argued that the issue of whether the Anvil Hill project was a controlled action (that is, whether it was likely to have a significant impact on a matter of national environmental significance such as the Great Barrier Reef or Blue Mountains world heritage areas) because of its climate change contribution was one that could be reviewed by the Court.

Among other grounds, the Association also argued that the Minister erred in deciding that the greenhouse gas emissions from the project would have a significant impact on matters of national environmental significance, by effectively requiring a particular impact on a particular matter from the actual emissions resulting from the mine; and took a flawed approach to the issue of whether a particular critically endangered ecological community was on the site.

The decision highlights the need for a greenhouse trigger in the Environment Protection and Biodiversity Conservation Act 1999 .

Put simply, if a project with the climate impact of the Anvil Hill mine (that is, the emission of over 12 million tonnes of carbon dioxide per annum over the 21 year life of the mine) is not big enough to require federal assessment for its climate change impacts, then it seems unlikely that any coal mine or other project will be either.

If Commonwealth environmental laws are to keep up with the modern reality of climate change then reform of the Act is urgently needed to require high impact projects to be fully assessed.

EDO NSW Job Vacancy: Assistant Policy Officer

EDO Sydney are seeking an Assistant Policy Officer to undertake legal and policy research to support the work of the EDO policy team in preparing law reform submissions and proactive law reform projects.

In your application, please address the following Selection criteria :

Essential

Relevant tertiary qualifications in environmental law
Demonstrated high level research skills
Excellent written and oral communication skills, including an ability to communicate clearly in plain English
An understanding of NSW, national and international environmental legal issues
The ability to work with minimal supervision and to tight deadlines
Commitment to the protection of the environment and public interest environmental law

Desirable

A NSW practising certificate, or eligibility for admission to legal practice in NSW
Masters degree in environmental law, or related discipline

See www.edo.org.au/edonsw/site/jobs_volunteer.php for a full position description.

EDO Northern Rivers Job Vacancy: Education Officer

The EDO seeks a suitably qualified applicant for the position of Education Officer – Northern Rivers.

The Education Officer – Northern Rivers will be primarily responsible for the development, implementation and ongoing evaluation of the Education Program at the EDO – Northern Rivers. The Education Officer reports to the Senior Solicitor, Northern Rivers, and will liaise closely with the Education team in Sydney .

Selection Criteria

The position is open to dynamic, self-motivated individuals who satisfy the following essential criteria :

tertiary qualifications in law;
knowledge and understanding of environmental law and policy;
excellent communication skills, with a proven ability to speak in public;
ability to meet deadlines and balance competing priorities;
ability to work in a small team;
commitment to the protection of the environment and community participation in environmental decision-making; and
current driver's licence.

The following additional criteria will also be considered, but are not essential to the position:

tertiary qualifications or demonstrated experience in adult or community education;
eligibility for admission to legal practice in New South Wales ;
experience in organising workshops, seminars and/or other events;
project management experience, including budgeting and evaluation of projects and events;
experience in marketing, fundraising and media management; and
ability to supervise volunteers.

See www.edo.org.au/edonsw/site/jobs_volunteer.php for a full position description.

EDO Northern Rivers Job Vacancy: Locum Solicitor

The EDO seeks a suitably qualified applicant for the position of Locum Solicitor – Northern Rivers. The position will be full-time for up to 12 months.

The Locum Solicitor – Northern Rivers will be primarily responsible for providing telephone and written advice to clients on local environmental legal issues, conducting litigation, participating in the EDO education program and contributing to policy and law reform work from time to time on issues relevant to the Northern Rivers area.

The Locum Solicitor reports to the EDO's Principal Solicitor in Sydney.

Selection Criteria

At least two years post admission experience under a NSW practicing certificate;
Understanding of and experience with NSW environmental law and policy;
Knowledge and understanding of environmental and rural issues in the Northern Rivers area;
Demonstrated ability to work productively and with limited supervision on advice and litigation work;
Demonstrated ability to develop and maintain good relationships with clients;
Excellent oral and written communication skills, including an ability to communicate in plain English both in writing and in public;
Ability to undertake community legal education;
Demonstrated ability to work productively and to deadlines;
Capacity to develop own practice;
Commitment to the protection of the environment and public participation in environmental decision-making;
Current driver's licence.

See www.edo.org.au/edonsw/site/jobs_volunteer.php for a full position description.

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

No new listings

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.

No new listings

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 : Enfield Industrial Subdivision
Proponent : Hannas
Site : Greenacre
Ref no : 2007/3727
Comments due : 2 October 2007
Description : A previously in-filled brick pit will be subdivided to create 25 industrial lots, in accordance with a Development Application (DA 2007/018) lodged to Strathfield Council in February 2007.

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

Existing nominations and nominations submitted under the first (2007) assessment cycle, between 10 March 2007 and 10 May 2007, will be considered for inclusion in the Finalised Priority Assessment List (FPAL) for that cycle.

Nominations that are included in the FPAL will be available for comment later in 2007. We will advise you when they are available for comment.

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

Greenpeace Asia Pacific- Celebrating 30 years of action

Celebrate 30 years of Greenpeace by visiting the free exhibition, 30 Years of Inspiring Action - a collection of powerful photos, iconic Greenpeace memorabilia and daring action footage. Discover more about Greenpeace and why it takes a key place in the history of social and environmental activism in our region.

The exhibition includes:

the work of award-winning photographers who have documented Greenpeace's work since 1977
props and memorabilia from past Greenpeace actions
audio-visual footage of daring and creative campaign confrontations
a program of high profile panel discussions

Where: Carriageworks, 245 Wilson Street , Eveleigh
Nearest train: Redfern or Macdonaldtown
Parking entrance: 229 Wilson Street , Eveleigh
When: 15-30 September 2007
Time: 10am – 5pm daily
Cost: Free

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.