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. Hastings Point result
2. Heron’s Creek Power Station
3. Requests for Rural and Regional Workshops
4. EDO Seeking Testimonials
5. Coastal Law and Climate Change Workshop: Batemans Bay
EDO in the Media
6. Tweed Daily News: Court clears Hastings Point resort
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. Drafting submission on the Department of Planning’s Development Codes for Housing
Community News
11. Waste Officer Position at TEC
12. Legalwise Conference: Carbon Trading, Clean Energy and the Cost of Inaction
13. Community Environment Network Event: Land for Wildlife NSW Conference
14. 2008 Australian Earth Sciences Convention
EDO News and Events
1. Hastings Point result
On 6 June Justice Pain of the Land and Environment Court handed down her decisions in two cases, where the Hastings Point Progress Association Inc represented by the EDO Northern Rivers, successfully challenged one of two development consents granted by Tweed Shire Council. The successful challenge was to a multi unit housing development while the unsuccessful challenge was to a Seniors Living Development. Both developments were proposed for the Tweed coastal hamlet of Hastings Point.
The consents allow the first 3-storey developments in the coastal hamlet notwithstanding all recommendations that the existing character of the area should be maintained, as a coastal hamlet with a maximum building height of 2 storeys for all new developments.
The Court held that in granting consent to the multi-housing development, Council failed to take into account the cumulative impacts of the development as was required by the Tweed Local Environmental Plan and therefore the development consent is invalid.
However, the Court found that in relation to the Seniors Living development Council was not required to take into account the provision in the LEP as a State Environmental Planning Policy allows the setting aside of local planning controls in the LEP that would otherwise prohibit the development. The Court found that an assessment of the cumulative impacts of the development could have led to the refusal of the development and therefore it could be set aside.
2. Heron's Creek Power Station
The future of a proposed 120-150 MW diesel-fuelled peaking power plant on the mid-north coast is in doubt in the face of overwhelming community opposition. The EDO Northern Rivers has been working with local community groups in their efforts to prevent approval being given by the NSW Planning Minister to the power plant at Kew.
Last Thursday the EDO organised a seminar in nearby Laurieton which was attended by over 500 people. The meeting was told that the local council, as owner of the land subject to the proposal had withdrawn its consent. The land owner’s consent is necessary for the proposal to be approved.
Despite these developments, the EDO still intends to write a short submission to the Department of Planning, objecting to the proposal and is encouraging others to do likewise.
3. Requests for Rural and Regional Workshops
The Environmental Defender’s Office, as part of its education program, undertakes rural and regional workshops across NSW seeking to provide community legal education on a range of priority areas. These priority areas include:
• Climate change;
• Biodiversity conservation;
• Natural resource management;
• Environmental planning and development;
• Environmental justice (including indigenous heritage issues); and
• Corporate Social Responsibility
We are currently seeking expressions of interest from community groups and/or residents who would like the EDO to present a FREE workshop on any of the above (or other relevant) issues.
For more information, contact Jemilah Hallinan on (02) 9262 6989
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. Coastal Law and Climate Change Workshop: Batemans 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
6. Tweed Daily News: Court clears Hastings Point resort (12 June 2008)
The article discusses the decision recently handed down in the Land and Environment Court that dismissed one of two challenges to development consents granted by Tweed Shire Council. The relevant consent was for a three-storey Seniors Living development at Hastings Point. The developer is interviewed, claiming that demolition of the old Hastings Point caravan park to make way for the new resort would begin immediately. The EDO Northern Rivers office was representing the Hastings Point Progress Association in the legal challenge against the proposed development.
For a full transcript of the article, visit http://www.tweednews.com.au/storydisplay.cfm?storyid=3775427
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
• Pittwater: EIS, Waste-Handling and Recycling Depot, Mona Vale
8. 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.environment.nsw.gov.au/consult/DecPublicConsultation.htm
There are no new notices 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:
New South Wales
Marmong Point Marina/Transport – water/1 Nanda St, Marmong Point, Lake Macquarie/NSW/Expansion of Marmong Point Marina
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4277
Batemans Bay Marina Developments Pty Ltd/Transport – water/1 km east of Princes Hwy Bridge, Clyde River, Batemans Bay/NSW/Batemans Bay Marina Redevelopment
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4265
Queensland
Translink/Transport – land/Various Suburbs of the Gold Coast/QLD/Development of a Public Light Rail and Bus Rapid Transit System
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4278
Western Australia
AngloGold Ashanti Australia Limited and Independence Group NL/Mining/330km ENE of Kalgoorlie and 230 km E of Laverton/WA/Tropicana Gold Project- Develop open cut gold mine, and associated infrastructure
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4270
Victoria
The Sisters Wind Farm Pty Ltd/Energy generation and supply (renewable)/Noorat Road, The Sisters/VIC/The Sisters Wind Farm
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4268
Northern Territory
Redbank Mines Ltd/Mining/Savannah Way via Borroloola/NT/Expansion of Existing Redbank Oxide Leach Operations, New Pits, Upgraded Road and Facilities
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4260
Commonwealth Marine
Caltex Refineries (NSW) Pty Ltd/Transport – water/100 to 200 nautical miles off the NSW coast/Commonwealth Marine/Ship to ship crude oil lightering
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4279
Law and Policy Watch
10. Drafting submission on the Department of Planning’s Complying Development Codes for housing
On 8 May, 2008, the NSW Department of Planning released the NSW Housing Code for public comment. The EDO policy team is currently working on a submission on the Complying Development Codes for housing.
The NSW Housing Code provides a simplification of the State’s development approval system for housing and related residential developments. Comments are invited on the draft NSW Housing Code until 4 July 2008.
For more information regarding the NSW Housing Code, visit http://www.planning.nsw.gov.au/planning_reforms/housing_code.asp
If you would like to contribute or for more information on the EDO’s submission, please contact the EDO office on (02) 9262 6989.
Community News
11. Waste Officer Positions at the Total Environment Centre
TEC has a long history in working for resource recovery and avoidance of landfill, extended producer responsibility, reduced packaging and increased recycled content and improved recyclability for a range of products. Our projects have included new legislation, state and regional waste plans, market-based instruments, state of waste reports, engagement with business on products and recycling and community campaigning. We are the main centre for the Boomerang Alliance (a coalition of state and national environment groups) and Let’s Do IT! (comprising environment groups and e-waste recyclers).
Over the next two years there are major opportunities to advance resource recovery and efficiency at the NSW and national levels, for example on e-waste, packaging, toxic products and reducing greenhouse gas emissions from landfilling of organics.
TEC currently has a two-year full time position for a waste minimisation project officer and a 3 day per week one-year position. Depending on funding further employment may be possible.
General duties will include:
• Advise on policy development and priority products;
• Prepare submissions in response to regulatory impact statements and government discussion papers;
• Undertake research and surveys;
• Liaise with community groups, business and government;
• Assist with media enquiries.
The full-time position will mainly work in the areas of e-waste, organics, packaging, and climate change policy as it relates to waste. The part time position will work in the areas of state of waste reporting, market-based instruments, batteries and gas cylinders.
Qualifications:
• Commitment to ecologically sustainable development;
• A good working knowledge of waste minimisation policies (in particular extended producer responsibility) at government, industry, environmental and economic levels and the current ‘state of waste’ in Australia and NSW;
• Capacity to analyse and model waste and recycling data;
• Capacity to engage with government, business and community groups;
• Excellent written and oral skills, including production of reports, drafting of letters and briefing notes, public speaking and participation in meetings with various stakeholders;
• Initiative and ability to work in a busy office;
• Proven competency with Microsoft Office programs.
Remuneration: $48,500 plus super, 38 hour week, leave loading.
Applications (by 30th June) to:
Jeff Angel, Executive Director, Total Environment Centre
PO Box A176, Sydney South 1235
12. Legalwise Conference: Carbon Trading, Clean Energy and the Cost of Inaction
Legalwise Seminars Pty Ltd is hosting a two-day conference, titled ‘Carbon Trading, Clean Energy and the Cost of Inaction.’ The seminar will look at various aspects of climate change and the consumption of carbon-creating fuels, discussing ways in which Australia can seek to adapt to the impacts associated with this consumption. Mitigation measures and the potential for the introduction of a National Emissions Trading Scheme will also be considered.
Date: Thursday, 26 June and Friday 27 June 2008
Venue: L’Aqua, Terrace Level, Cockle Bay Wharf, Darling Harbour, Sydney
Cost: Full Conference $1,864.50 (group and one day discounts available)
For more information or to register, call (02) 9387 8133 or visit www.legalwiseseminars.com.au
13. Community Environment Network Event: Land for Wildlife NSW Conference
Land for Wildlife is a voluntary scheme which aims to encourage and assist private landholders to provide habitats for wildlife on their property, even though their property may be managed primarily for other purposes.
There are approximately 500 NSW Land for Wildlife properties, with 250+ co-ordinated by CEN. The area managed by these 250 landholders is 1600 ha.
State co-ordination involves establishing local or regional service providers and providing them with training, support, communications, newsletters and registration on a common database. The local co-ordinators, then provide an on site visit to provide advice, a report and answer questions, conduct field days and workshops, provide a newsletter and once registered provide a Land for Wildlife sign for the property.
CEN is planning to expand the program considerably in NSW and is convinced the program will be very attractive to landholders due to the voluntary nature of the program and the support it offers.
For more information, contact Amanda at Community Environment Network on (02) 4349 4754
14. 2008 Australian Earth Sciences Convention
This major international Earth Sciences conference will address topics such as mass extinctions on Earth, asteroid impacts, what 3.5 billion year old fossils can tell us about evolution, and cutting-edge information being gathered by NASA’s current mission to Mars.
Date: Sunday 20 – Thursday 24 July 2008
Venue: Perth Convention and Exhibition Centre
For more information on the convention program, visit www.iceaustralia.com/aesc2008
To register call Patrick Daley on 0408 004 890 Monday to Friday.
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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.
