The EDO Bulletin is a free weekly bulletin that provides a listing of news, events, public notices and opportunities for public comment.
Seminar: Can the law save the Grey Nurse Shark?
Workshops: Caring for Country
Website resources
Major Project Proposals – Invitation to Comment
State Conservation Notices – Invitation to Comment
BioBanking Public Exhibition and Information Sessions
EPBC Referrals – Invitation to Comment
Climate Change Group Clayton Utz Seminar: New greenhouse gas reporting law- the devil is in the detail
EDO News and Events
1. Seminar: Can the law save the Grey Nurse Shark?
The EDO represented the NSW Nature Conservation Council (NCC) in proceedings brought in the Administrative Appeals Tribunal (AAT) against the Commonwealth Minister for the Environment and Heritage. The legal action was for strict no-fishing zones to be introduced as part of a bid to protect the dwindling numbers of Grey Nurse Sharks. NCC presented evidence to the AAT that the NSW Ocean Trap and Line Fishery (OTLF) has a significant impact on the nationally listed critically endangered east coast population of the Grey Nurse Shark. The OTLF is a multi-species targeted fishery that operates within the habitat areas of the Grey Nurse Shark and a number of other threatened species. NCC was seeking the implementation of fishery closures of specific key shark aggregation areas and the banning of the use of wire traces in deeper waters. It was also seeking an order that sanctuaries be established in areas including Maroubra Beach in Sydney and Montague Island. In a judgement handed down on 18 October 2007 the AAT upheld the Minister's approval of the OTLF as a wildlife trade operation on the basis that the fishery, operated in accordance with the conditions imposed by the Minister, will not be detrimental to the survival of the Grey Nurse Shark. This seminar will explore some of the legal, environmental and scientific issues and outcomes from this important and interesting legal case.
Time : 5.30 for 5.45 pm start (finish by 7.30) Venue : DLA Phillips Fox, Level 38, 201 Elizabeth Street Sydney
RSVP :
We would like to thank DLA Phillips Fox for generously providing a venue for this seminar
2. Workshops: Caring for Country
The Environmental Defender's Office is 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'.
This Guide is now available from our website www.edo.org.au/edonsw. 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 to and permitted activities in protected areas
How the planning and development system works
There is one remaining workshop in this series, to be held in Dubbo.
Dubbo Workshop
Date: Saturday 8 December 2007
Time: 10 am – 4pm
Where: Gordon Centre, Spears Drive, Dubbo
3. Website resources
There are a number of new resources that have recently been added to our website. These include presentations given by our staff at recent conferences, as well as policy opinion papers. Updates in the past week include:
Climate Action Coogee, a presentationby Jacquie Svenson, Solicitor, EDO. Presented at the PIAC Conference, October 2007.
The real climate change impact of coal mining: Environmental Impact Assessment after Gray v Minister for Planning & Centennial Hunter Pty Ltd by Jacquie Svenson
Legal Framework to Logging Industry, a presentation by Jacquie Svenson
Does climate change litigation work? by Kirsty Ruddock, Principal Solicitor, EDO
4. 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 No new listings since last Bulletin.
5. 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 Plan of Management
Woollamia Nature Reserve
Jervis Bay National Park
Plans on exhibition until 10 March 2008.
6. BioBanking Public Exhibition and Information
Sessions Public exhibition on the NSW Biodiversity Offsets and Banking Scheme (BioBanking) is scheduled to begin in November 2007. The aim of the public exhibition is to obtain feedback on details of the scheme's operation before commencement. The Department of Environment and Climate Change, with the support of local government, will be hosting a number of Public Information Sessions across NSW, to explain the intended operation of the scheme and provide an overview of the materials that will be on public exhibition. The closing date for submissions is 1 February 2008. For a complete list of Public Information sessions, please visit www.environment.nsw.gov.au/threatspec/biobankscheme.htm
To coincide with the Information Sessions the following material will be available on the department's website. These documents will provide a broad overview of the scheme and its operation in particular how credits will be calculated.
Draft BioBanking Assessment Methodology and Background Paper
Peer review and DECC response
Pilot program report
Compliance assurance strategy
Scheme Overview Booklet
The Regulation and Regulatory Impact Statement will be released by December 2007. The scheme will then commence in 2008. For information on BioBanking and materials on public exhibition please visit http://www.environment.nsw.gov.au/threatspec/biobankscheme.htm
Environmental Law Notices – Commonwealth
7. 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: http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl
Title : Installation of Sydney-Guam Submarine Cable
Proponent : PIPE International (Australia) Pty Ltd
Site : Cable route will be within North Sydney Cable Protection zone, with the Sydney landing site at Collaroy. The cable will then travel 40 nm offshore, and up the Queensland coast.
Ref no : 2007/3848
Comments due : 29 November 2007
Description : This proposal concerns the installation of an international fibre optic submarine cable system between Australia and Guam.
Community News
8. Climate Change Group Clayton Utz Seminar: New greenhouse gas reporting law- the devil is in the detail
In September a new law was passed requiring the reporting of greenhouse gas emissions and energy use. This has raised more questions than it has answered, as much of the important detail has been left to the regulations - which are yet to be written.
With reporting to commence from 1 July 2008, there is little time for entities which currently have reporting obligations to adapt to the new reporting regime, let alone for the estimated 300 entities that will need to report for the first time.
In the latest of our climate change seminars, Clayton Utz Partners Brendan Bateman and Peter Briggs will look at what we do - and don't - know about the new National Greenhouse and Energy Reporting Act, and explain what it means for organizations.
Date : Wednesday 28 November 2007
Time : 12pm for 12.30 start
Venue : Clayton Utz Boardroom, Level 34 No. 1 O'Connell St Sydney
RSVP : Claire Hewitt, on (02) 9353 5344
Sandwiches and refreshments will be provided.
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
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 does not endorse and is not affiliated with events advertised in the Community News section.