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. LEC Decision in Anderson matter
2. Approved PPF Funding for ALAP
3. Public Meeting: Proposed Heron's Creek Power Station
4. EDO Seeking Testimonials
5. Caring For Country Workshop: Moree
6. Coastal Law and Climate Change Workshop: Bateman's Bay
EDO in the Media
Environmental Law Notices – New South Wales
7. Major Project Proposals – Invitation to Comment
8. State Conservation Notices – Invitation to Comment
Environmental Law Notices – Commonwealth
9. EPBC Referrals – Invitation to Comment
Law and Policy Watch
10. Submission on the exposure draft of the Offshore Petroleum Amendment (Greenhouse Gas Storage) Bill
11. High Court rejects Tasmanian endangered species appeal
12. ANZ not to fund Gunns Pulp Mill
Community News
13. Legalwise seminar: Green Buildings
14. MPMSAA Event: Sustainable Waste Management Forum
15. Nature Conservation Council Seminar: Planning Reform – More than pergolas and patios, planning reforms uncovered
EDO News and Events
1. Decision in Anderson & Anor v Director-General, Department of Environment and Climate Change & Anor [2008] NSWLEC 182
The NSW Land and Environment Court today handed down its decision in the Anderson case, in which the EDO was representing clients at Angels Beach near Ballina. The case involved a challenge to the grant of consent to destroy Aboriginal objects at Angels Beach for a residential subdivision. Three previous consents had been set aside by the Land and Environment Court.
The Andersons had argued that the decision maker had failed to properly consider the cultural significance of the land, the opinions of the Andersons as Aboriginal custodians of the land, and the principle of intergenerational equity. Justice Lloyd rejected those arguments, suggesting that the applicants' arguments went to the merits of the decision. His Honour also rejected an argument that the Department had failed to make inquiries about a report into the cultural significance of the land prepared for the Minister for Planning, and which put in question the adequacy of the archaeological testing. His Honour considered that the report "was of, at most, marginal relevance". An argument of perceived bias was also rejected on the facts.
2. Approved PPF Funding for ALAP
The Environmental Defender's Office is pleased to announce that under the NSW Public Purpose Fund, a one-year extension of the Aboriginal Legal Access Program (ALAP) funding has been approved.
Under this funding, the Environmental Defender's Office has conducted its highly successful ‘Caring for Country' program. This program involved the publication of ‘Caring for Country: A guide to environmental law for aboriginal communities' in collaboration with numerous rural and regional workshops throughout NSW, providing legal education based on the publication for indigenous communities. The publication was made available free of charge thanks to the ALAP funding.
This latest funding approval will allow for a reprint of the ‘Caring for Country' publication to meet an increasing demand for the guide.
For more information or to obtain a copy of ‘Caring for Country,' email
or call (02) 9262 6989.
3. Public meeting: Proposed Heron's Creek Power Station
EDO Northern Rivers, in conjunction with the North Coast Environment Council and Residents Against Power Plants (RAPP), is organising a public meeting on the evening of Thursday 12 June 2008 at Laurieton.
The meeting will discuss the legal and energy implications of a proposal by International Power to build a diesel-fuelled power station at Heron's Creek, on the NSW mid north coast. Speakers are Associate Professor Hugh Outhred from the Centre for Energy and Environmental Markets at the University of NSW, and Ian Ratcliff, Senior Solicitor at the EDO Northern Rivers.
For more information please contact Mark Byrne, Education Officer, EDO Northern Rivers on 1300 369 791.
4. 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.
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, email
or 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, email
or call (02) 9262 6989. RSVP by 24 June 2008.
EDO in the Media
There were no media items referring to the EDO and its work this week.
Environmental Law Notices – New South Wales
7. 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
There are no new listings since last week's eBulletin.
There are no new listings since the last eBulletin.
Environmental Law Notices – Commonwealth
9. 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
The following referrals have been listed within the last 7 days:
Queensland
Habitat Development Group Pty Ltd/Residential development/Lot 70 Stringybark Road, Buderim, Sunshine Coast/QLD/'The Atrium' Stage 2 of a multi-unit residential development
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4243
Investec Bank (Australia) Ltd/Energy generation and supply (renewable)/180 km NW Brisbane, between Kingaroy, Dalby, and Chinchilla/QLD/Coopers Gap Wind Farm
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4237
Walter Elliot Holdings Pty Ltd/Residential development/66, 84 & 86 Eagleby Road, Eagleby/QLD/Resort Style Residential Development
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4232
Western Australia
Oilex Ltd/Exploration (mineral, oil and gas – marine)/Permit Area WA-388-P & WA-38P-P Nth Carnarvon Basin NW Shelf/Commonwealth Marine/Rose 3D Seismic Program
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4239
BHP Billiton Iron Ore Pty Ltd/Mining170-190 km east of Port Headland, Goldworthy, Pilbara region/WA/Development of the Cundaline and Callawa iron ore deposits
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4235
International Minerals Pty Ltd/Mining/Cape Preston, Pilbara/WA/Balmoral South Iron Ore Mine
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4236
Bronzewing Investments/Mining/Location 605 Lake Mealup Rd Carabungup Shire of Murray/WA/Sand and Limestone Excavation Quarry
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4229
South Australia
Quasar Resources/Alliance Resources joint venture/Mining/8km west of Beverley Uranium Mine (Wooltana and Arkaroola pastoral leases)/SA/Four Mile Extension to the Beverley Uranium Mine
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4231
Tasmania
Brian Perry/Residential development/Lot 1 Cape Wickham Road, Wickham, King Island/TAS/Construct private dwelling
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4234
Christmas Island
Gaseng Petroleum (Christmas Island) Pty Ltd/Residential development/Jalan Pantai Flying Fish Cove/Christmas Island/Subdivision of Lot 571 on DP 26701
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4230
Norfolk Island
KAHVA Project Manager/Natural resources management/Kingston Wetlands within the KAHVA Catchment/Norfolk Island/Management of Kingston Waterways
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4238
Law and Policy Watch
10. Submission on the exposure draft of the Offshore Petroleum Amendment (Greenhouse Gas Storage) Bill
The EDO policy team is currently working on a submission to the House of Representatives Primary Industries and Resources Committee on the exposure draft of the Offshore Petroleum Amendment (Greenhouse Gas Storage) Bill. This proposes to amend the Offshore Petroleum Act 2006 to establish a framework for access, property rights and the management of carbon dioxide injection and storage operations in offshore Commonwealth waters.
If you would like to contribute or for more information on the submission, please contact the EDO office on (02) 9262 6989.
11. High Court rejects Tasmanian endangered species appeal
On 23 May 2008, the High Court, in a 2 – 1 split judgement, decided against an appeal by Greens Leader Bob Brown of the full Federal Court's decision which overruled Justice Marshall's 2006 ban on logging in Tasmania's Wielangta Forest.
Justice Marshall found that the Swift Parrot, Wielangta Stag Beetle and giant Tasmanian Wedgetail eagle (all nationally-listed endangered species) were all at risk due to a loss of habitat from logging under Forestry Tasmania's management.
Two months after Justice Marshall's ban on logging in the area, then Prime Minister Howard and Premier Lennon altered the Regional Forest Agreement to agree that, despite the court, it did protect these species. The High Court effectively ruled that this alteration, which has no parliamentary approval, overrode Justice Marshall's judgement. This decision places Tasmania's endangered species at an increased risk of extinction.
For more details, visit http://www.bobbrown.org.au/600_media_sub.php?deptItemID=2601
12. ANZ not to fund Gunns Pulp Mill
ANZ Banking Group has announced it will not be financing the Gunns Pulp Mill at Bell Bay in Tasmania. This is an important decision which suggests an increase in the role of Corporate Social Responsibility in protecting the environment.
For more details on the decision, visit http://business.smh.com.au/anz-wont-fund-gunns-pulp-mill-20080529-2jf8.html
Community News
13. Legalwise Seminar: Green Buildings
Legalwise Seminars Pty Ltd is hosting the following seminar, titled ‘Green Buildings.' The seminar will look at various aspects associated with the design and construction of ‘green' buildings, such as climate change and carbon neutrality, an understanding of the ‘Green Star' rating tool, green lease models and corporate social responsibility and going beyond compliance.
Time: 9 a.m. to 1.15 p.m.
Date: Thursday, 31 July 2008
Venue: Radisson Plaza Hotel, 27 O'Connell Street, Sydney 2000
Cost: $395
14. MPMSAA Event: Sustainable Waste Forum
The Master Plumbers and Mechanical Services Association of Australia (MPMSAA) and InSinkErator invite you to an industry and government forum on sustainable waste management. Guest speaker Dr Tim Evans, an internationally renowned environmental scientist will present the findings from his report on food waste and the environment.
Time: Breakfast served from 8.30 a.m. Date: Tuesday 17 June 2008 Venue: SMC, 66 Goulburn St Sydney
For more information or to RSVP, contact Kate Wallman on (02) 9286 1219. RSVP by 3 June 2008.
15. 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 2008.
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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.
