The EDO Bulletin is a free weekly bulletin that provides a listing of news, events, public notices and opportunities for public comment.
- EDO Queensland : Legal win for Climate Change
Earlier this year, in the first case of its kind, the Queensland Conservation Council (QCC) argued in the Land & Resources Tribunal that an application by Xstrata Coal Queensland for a mine expansion should not be approved unless conditions are imposed to require Xstrata to offset the greenhouse gas emissions from the mining, transport and use of the coal. Upon considering expert opinion regarding the calculation of emissions and the costs of offsetting the emissions, QCC sought to amend its particulars to reduce the amount of offsets required for indirect emissions (emissions from the transport and use of the coal) from 100% to 10%. However, the Tribunal refused leave for the amendment.
QCC appealed against this decision and argued in the full court of the Court of Appeal that the decision should be set aside.
The full Queensland Court of Appeal handed down its decision on Friday, finding in favour of QCC. In the appeal QCC, represented by EDO (Qld) and top environmental barristers Stephen Keim SC and Chris McGrath, argued that the Land & Resources Tribunal made legal errors when finding against QCC and recommending approval of a coal mine expansion without conditions relating to greenhouse gas emissions.
The Court of Appeal allowed QCC's Appeal with costs and remitted the matter to the Land & Resources Tribunal for rehearing.
In short, the Court of Appeal found that QCC was denied natural justice as the Land & Resources Tribunal should have given QCC the opportunity to respond to the Tribunal's doubts regarding the science of climate change. The Court of Appeal also found that QCC should have been given leave to amend its particulars to reduce the amount of offsets it sought to be imposed.
- EDO NSW: Anvil Hill Cases
On 11 October 2007 the EDO on behalf of the Anvil Hill Project Watch Association Inc lodged an appeal in the Full Federal Court against the decision of Justice Stone in Anvil Hill Project Watch Association Inc v Minister for Environment and Water Resources (see EDO Bulletin 529).
The Appeal will argue that Stone J was in error by deciding that the issue of whether a project is a controlled action (meaning that it is likely to have a significant impact on a matter of national environmental significance) is not a jurisdictional fact (that is, an objective fact that the Court can review if the Minister gets it wrong).
If the appeal is successful on this point, the matter would go back to Stone J to decide whether, in fact, the Anvil Hill project is likely to have a significant impact on the Great Barrier Reef and Blue Mountains world heritage areas (because of the greenhouse gas emissions from the project), an endangered orchid and /or a critically endangered ecological community (EEC) on the site.
The appeal will also deal with the question of whether the Minister can decide whether a listed EEC is present on a site by reference and comparison to non-listed ecological communities.
No hearing date has been set for this yet.
The EDO has also begun proceedings on behalf of Ms Annika Dean, a concerned individual and member of the Rising Tide organisation, seeking review of the State approval of the Anvil Hill project.
The appeal in relation to approval under Part 3A of the Environmental Planning and Assessment Act 1979 (NSW) will argue that the Minister had no power to grant the approval, given that some of the land was in environmental protection zones under the Muswellbrook LEP; and that the Minister failed to take into account the cumulative impacts of the greenhouse gas emissions, what precautions could have offset the effects of Scope 3 greenhouse gas emissions (that is, those produced by the transport and burning of the coal), or the economic effects of the Scope 3 greenhouse gas emissions.
This appeal is set for hearing on 26-29 November 2007.
- Caring for Country Launch: State Parliament
The Environmental Defender's Office would like to invite you to the launch of ”Caring for Country - A Guide to NSW Environmental Law for Aboriginal Communities”.
The EDO would like to thank the Law and Justice Foundation of NSW for their financial support with this project.
Date : Tuesday November 13
Time : 5.30 sharp - 7.00pm
Venue: Strangers Lounge, NSW Parliament House
- Seminar: Climate Change on the Coast
This seminar will explore the complex legal issues concerning the future impacts of climate change on waterfront real estate.
It will delve into the questions of: Who will be liable when coastal properties are rendered uninhabitable? What planning regimes should Councils be implementing now and into the future? What are the broader implications for the insurance industry, and therefore the economy generally? What policy initiatives should the government adopt?
Come along to hear three very different perspectives on this multi-faceted issue- speakers will include:
- Tony Coleman, Chief Risk Officer at the Insurance Australia Group Ltd
- Geoff Withycombe, Executive Officer, Sydney Coastal Councils Group Inc.
- Peter Cowell, Senior Lecturer, Coastal Studies Unit, School of Geosciences , University of Sydney
Time: 5.30 for 6 pm start
Date: Wednesday 24 October 2007
Venue: DLA Phillips Fox- 201 Elizabeth St , Sydney
Cost: Free
- Workshops: Caring for Country
The Environmental Defender's Office will be presenting a series of FREE regional workshops providing practical information about environmental law for Aboriginal people. This series is designed to complement the new EDO publication Caring for Country - A Guide to NSW Environmental Law for Aboriginal Communities .
The workshops will cover a variety of issues, including
- An overview of the legal system and key environmental laws
- The nomination and preservation system for cultural heritage
- Access and permitted activities in protected areas
- How the planning and development system works
There will be the three workshops in this series, held in Coffs Harbour , Narooma and Dubbo.
Coffs Harbour Workshop
Date: Saturday 3 November 2007
Time: 10 am – 4 pm.
Where: Rainbow Room, Coffs Ex-Services Club
Cnr Pacific Hwy & Vernon Street Coffs Harbour
Narooma Workshop
Date: Saturday 17 November
Time: 10 am – 4 pm
Where: Narooma Services Club
98 Princes Highway , Narooma
Dubbo Workshop
Date: Saturday 8 December 2007
Time: 10 am – 4pm
Where: Gordon Centre, Spears Drive , Dubbo
- Job Vacancy: Operations Manager
The EDO is a community legal centre specialising in public interest advocacy regarding environmental law and policy. The EDO undertakes litigation and advice work, policy and law reform, community legal education and scientific assessment and advice.
The EDO is looking for a full time Operations Manager.
Selection Criteria
The successful applicant will have:
Essential
- qualifications and/or demonstrated experience in financial management
- a demonstrated ability to identify and analyse issues
- experience in the development of policies and procedures
- excellent written and oral communications skills
- the ability to work as part of a team
- experience in some or all of the following IT systems including MYOB & CLSIS (the Commonwealth Government data Collection and reporting system)
- high level experience with Microsoft Office applications
- a dispassionate outlook
Desirable
- an understanding of the nature and operation of Community Legal Centres (or not-for-profit organisations)
Applicants should address the selection criteria in their application. Salary $65,630 - $71,597 + 9% Superannuation. Inquiries, including obtaining a copy of the detailed position description, and applications should be directed to Lesley Harris, Operations Manager, (02) 9262 6989
Closing date for applications: Wednesday 31 October 2007
- Job Vacancy: Assistant Policy Officer
EDO Sydney is 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.
Salary: $39,000-$43,000, plus superannuation, depending on experience
Hours: 4-5 days per week (negotiable)
Start date: January 2008
Location: EDO Sydney Office
Applications close Wednesday 31 October 2007.
- Job Vacancy: Education Officer – Northern Rivers
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 http://www.edo.org.au/edonsw/site/jobs_volunteer.php for a full position description.
Salary: $47,000 - $59,000 (pro rata) per annum plus superannuation.
Hours: The position is part-time, 22.5 hours per week
Start date: January 2008
Location: EDO Northern Rivers Office (Lismore)
Applications close Monday 29 October 2007.
- Job Vacancy: Locum Solicitor – Northern Rivers
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.
Salary: $47,000 - $65,000 per annum depending on experience plus superannuation.
Start date: January 2008
Location: EDO Northern Rivers Office
Applications close Monday 29 October 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 www.planning.nsw.gov.au/asp/das.asp
St Marys: Waste Sorting Facility
Nyngan: Tritton Copper Mine expansion; between Girilambone and Hermidale mines
- 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.
Stage 1 Conservation Management Plan
La Perouse Headland- on exhibition until 23 October 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: Rehabilitation and re-sculpting of Coffs Creek Flying Fox Camp and Adjacent Reserve
Proponent: Coffs Harbour City Council
Site: access Don Patterson Drive , Coffs Harbour
Ref no: 2007/3771
Comments due: 24 October 2007
Description: This proposal aims to preserve and rehabilitate the floristic community on 15.9 hectares of highly remnant urban forest that has recently been acquired by Coffs Harbour Council. The site is also home to a Grey headed flying fox maternity camp, and contains resources for a number of regionally threatened biota.
Title: Lot 446 DP 48650 Booralie Road , Duffys Forest
Proponent: Provent Property Group
Site: End of Namba and Booralie Roads Duffys Forest
Ref no: 2007/3766
Comments due: 23 October 2007
Description: The proposal plans to subdivide Lot 446 into 7 lots, with 13.95 hectares zoned as rural residential, with residential dwellings. The remaining lot, of 12.49 hectares, will be dedicated to Warringah City Council for conservation purposes.
- EPBC Environmental Offsets Policy Statements
Draft EPBC Act Policy Statement 4.1 is now available from www.environment.gov.au/epbc/publications/draft-environmental-offsets.html
This draft policy statement outlines the Commonwealth government's position on the use of environmental offsets under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
All members of the public may comment on this draft policy; all comments will be taken into consideration when finalising the policy. The draft policy statement should be read in conjunction with the associated discussion paper.
The public comment period will run for 8 weeks and end on Friday 30 November 2007.
