The EDO Bulletin is a free weekly bulletin that provides a listing of news, events, public notices and opportunities for public comment.
EDO News and Events
1. Minister's Refusal of Nobbys Lighthouse Development Proposal
2. EDO Seeking Scientific Experts
3. EDO Seeking Testimonials
4. Planned Retreat Expert Seminar: Byron Bay
5. Caring For Country Workshop: Moree
6. Coastal Law and Climate Change Workshop: Bateman's Bay
EDO in the Media
7. Illawarra Mercury: New conditions on Gerroa sand quarry
Environmental Law Notices New South Wales
8. Major Project Proposals Invitation to Comment
9. State Conservation Notices Invitation to Comment
Environmental Law Notices Commonwealth
10. EPBC Referrals Invitation to Comment
Law and Policy Watch
11. A Great Win for Forest Protestors
12. Climate Change and Coastal Communities
Community News
13. Australian Sidoarjo Assistance Project Fundraiser: Mud on Our Hands
14. Nature Conservation Council Seminar: Planning Reform More than pergolas and patios, planning reforms uncovered
15. IDLO Volunteer Internship
EDO News and Events
1. Minister's Refusal of Nobby's Lighthouse Development Proposal
In 2007 the Environmental Defender's Office wrote to the Federal Minister for the Environment, Peter Garrett, asking that he call in, under the Environmental Protection and Biodiversity Conservation Act 1999 , a decision regarding a development proposal adjacent to the historic Nobbys Lighthouse, Newcastle.
On 19 May 2008, the Minister confirmed the decision to refuse the development proposal. The decision was made following a period of public consultation in which the Newcastle community made more than 450 written submissions. The Minister cited potential impacts on the heritage values of the lighthouse as particularly important in underpinning his final decision.
The decision has not, however, discounted other future developments within the area. For more information, read the media release at http://www.environm ent.gov.au/ epbc/notices/ assessments/ 2006/3179/ index.html
2. EDO Seeking Scientific Experts
The EDO is seeking scientific and technical experts with 10 or more years experience and PhD students in a range of technical fields to join the EDO Expert Register.
The Expert Register is a list of experts who are willing to assist the EDO and its clients on public interest environmental matters on a pro-bono and ad-hoc basis.
We are particularly seeking experts in surface and groundwater hydrology; water, noise and air pollution; aquatic ecology; public health; planning; and economics.
We are also seeking to develop relationships with research organisations and environmental consultancies interested in doing pro-bono work.
For further information on the Expert Register, please see: www.edo.org. au/edonsw/ site/science_ expert.php
If you or your organisation is interested in assisting the EDO please contact Tom Holden , the EDO's Scientific Director on (02) 9262 6989
3. EDO Seeking Testimonials
The EDO is seeking written testimonials from clients across the breadth of our work, including education, legal advice, policy and scientific assessment. If you have utilised the services of the EDO and support our work we would be grateful if you would write a short letter (on letterhead, if appropriate) describing your experiences. We are particularly keen to hear from participants at EDO workshops and seminars over the past two years. We intend to use these testimonials to secure our core funding for the next three years.
For more information, please contact Jeff Smith on (02) 9262 6989
4. Planned Retreat Expert Seminar: Byron Bay
Since 1988, Byron Council has implemented a policy of planned retreat for the coastal zone at Belongil Beach. This policy, which has withstood several legal challenges, responds to the likelihood of continuing foreshore erosion by placing strict controls on development.
Federal Parliament is currently conducting an inquiry into climate change and environmental impacts on coastal communities, including a consideration of possible strategies to deal with climate change adaptation, particularly projected sea level rise.
EDO Northern Rivers is organising a roundtable seminar for people who have an interest in the environmental, planning and legal aspects of the Byron Bay policy and its possible broader application. The morning will consist of a small group of 10-15 participants who will use the Byron experience to recommend practical strategies to the national inquiry.
Time: 9.30 a.m. to 1.30 p.m. (light lunch included)
Date: Saturday, 31 May 2008
Venue: Byron Community and Cultural Centre, Jonson St, Byron Bay
If you would like to contribute, or to RSVP please contact Mark Byrne , EDO Northern Rivers, on (02) 6622 8470
5. Caring for Country Workshop: Moree
During 2008, the EDO is continuing to present a series of FREE regional workshops providing practical information about environmental law for Aboriginal people. This series is designed to complement the EDO's 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 to and permitted activities in protected areas
How the planning and development system works
The next workshop will be held in Moree. The details are as follows:
Time: 10 a.m. to 4 p.m. (a light lunch will be included)
Date: Friday 13 June 2008
Venue: Moree Lifestyle Academy, Anne St, Moree
For more information or to register, call (02) 9262 6989 . RSVP by 9 June 2008.
6. Coastal Law and Climate Change Workshop: Bateman's Bay
The Environmental Defender's Office is hosting a free workshop on Coastal Law and Climate Change. The workshop will cover various issues relating to coastal law and the potential avenues for future laws and policies to effectively address the impacts of climate change on coastal areas.
For more information and to register, call (02) 9262 6989 . RSVP by 24 June 2008.
EDO in the Media
7. Illawarra Mercury: New conditions on Gerroa sand quarry (21 May 2008)
The article discusses the Land and Environment Court ruling in Gerroa Environment Protection Society v Minister for Planning , handed down Friday 16 May 2008. In the decision, Chief Justice Preston called for further conditions and greater protection for the endangered ecological communities affected by the development proposal, causing the decision to be hailed a win by the community group taking action against the sand quarry developer.
For a full transcript of the article, visit http://illawarra. yourguide. com.au/news/ local/news/ general/new- conditions- on-gerroa- sand-quarry/ 773654.aspx
Environmental Law Notices New South Wales
8. 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
Lismore: Champions Quarry, Tuckurimba via Lismore
Hornsby and Ryde: Outdoor Advertising over M2 Freeway at Epping and Victoria Road, West Ryde
Newcastle: Concrete-Crushing Plant, Hexham
9. 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 http://www.environm ent.nsw.gov. au/consult/ DecPublicConsult ation.htm
There are no new listings since the last eBulletin.
Environmental Law Notices Commonwealth
10. 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.environm ent.gov.au/ cgi-bin/epbc/ epbc_ap.pl
The following referrals have been listed within the last 7 days:
Queensland
Cairns Water and Waste/Waste management (sewerage)/Approx. 70km S of Cairns, approx. 30km E of Babinda/QLD/ Bramston Beach Water and Sewerage Project
http://www.environm ent.gov.au/ cgi-bin/epbc/ epbc_ap.pl? name=current_ referral_ detail&proposal_id= 4228
Western Australia
Octanex N.L/Exploration (mineral, oil and gas marine)/ Approx 150km NW of Dampier/WA/Cable Seismic Exploration Permit areas WA-323-P and WA-330-P
http://www.environm ent.gov.au/ cgi-bin/epbc/ epbc_ap.pl? name=current_ referral_ detail&proposal_id= 4227
Victoria
Melbourne Water/Waste management (sewerage)/Werribee /VIC/Land Use Strategy and Outsourcing Arrangements for the Western Treatment Plant
http://www.environm ent.gov.au/ cgi-bin/epbc/ epbc_ap.pl? name=current_ referral_ detail&proposal_id= 4221
Law and Policy Watch
11. A Great Win for Forest Protestors
The Supreme Court judgement of Barnes & Anor v Mackenzie [2008] NSWSC 455 is another positive interpretation of the Forestry Act 1916 and Forestry Regulations, with important implications for forest protestors. The case was an appeal by Forests NSW to the Supreme Court from a Magistrate's decision to acquit a forest protestor charged with offences under the Forestry Act and Regulations in 2005 in Wandello State Forest north-west of Bega.
Under the Supreme Court decision, a sign purporting to close a forest area under the Forestry Regulations must be erected at the time someone enters the closed area to make out an offence of entry contrary to a notice. The significance of the decision is compounded by the narrow reading of the evidentiary provision in the Act (s45B) that attempts to provide that what a forestry officer says is fact unless proved otherwise.
12. Climate Change and Coastal Communities
The EDO policy team are currently preparing a submission for the Standing Committee on Climate Change, Water, Environment and the Arts on climate change and its impacts on coastal communities. The submission will be examining various issues relating to climate change, such as environmental pressures experienced by Australian coastal areas in the context of population growth.
Much of this material will be presented in a number of upcoming NSW regional workshops to coastal communities (Bateman's Bay and Byron Bay) on coastal development and climate change issues.
For more information regarding these workshops or the policy submission, please contact the EDO on (02) 9262 6989.
Community News
13. Australian Sidoarjo Assistance Project Fundraiser: Mud on Our Hands
On the 28 May 2006, a gas explosion occurred at the site of drilling activities conducted by exploration company Lapindo Brantas in the densely populated district of Sidoarjo, East Java. The explosion has caused over 100,000m of mud to flow from the earth every day. Today, two years later, the mud-flow continues, displacing up to 50,000 people. The mud flow has left thousands un-employed with inadequate access to food and safe water and living in crowded refugee camps. There is also significant environmental damage to the surrounding area.
The Australian Sidoarjo Assistance Project is holding a fundraising event for their campaign, Mud on Our Hands. There will be live music, videos and presentations on the Sidoarjo disaster and discussion on how people can get involved.
For more information, email Arjuna Dibley at helpsidoarjo at gmail.com
14. Nature Conservation Council Seminar: Planning Reform More than pergolas and patios, planning reforms uncovered
The State Government's proposed reforms have given rise to much concern in the community and fears of a loss of control at a local level. Is the community voice being taken away in local development? Will the reforms make planning and legislation clearer, fairer and more efficient? Or will developers and the State get more power? These issues and more will be addressed at this planning reforms seminar series.
Time: 2 p.m. to 5.15 p.m.
Date: Wednesday 18 June 2008
Venue: Sydney Mechanic School of Arts, The Mitchell Theatre, Level 1, 280 Pitt St Sydney
Cost: NCC Members/Concession $15, others $40
Bookings are essential as places are limited. RSVP to Faith Flanigan on (02) 9279 2466 by 16 June.
15. IDLO Volunteer Internship
The International Development Law Organisation is seeking an enthusiastic volunteer with an interest in environmental and climate change issues to assist with research and program development. The successful applicant will also gain valuable experience in international development projects and programs.
The volunteer would be required to work a few days per week or equivalent.
For more information, please contact Patricia Parkinson at the International Development Law Organisation Asia Pacific Regional Centre on (02) 8585 6700.
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.
