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Environmental Defender's Office
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[Subscribe to the weekly email bulletin]

EDO NSW BULLETIN 24 June 2008: No. 567

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. EDO Media Release: Special Legislation Targets EDO Case
2. EDO Seminar and IMPACT! Launch: Public Participation on the Endangered List
3. Coastal Law and Climate Change Workshop: Batemans Bay

EDO in the Media

4. Wauchope Gazette: Council halts power plant

Environmental Law Notices – New South Wales

5. Major Project Proposals – Invitation to Comment
6. State Conservation Notices – Invitation to Comment

Environmental Law Notices – Commonwealth

7. EPBC Referrals – Invitation to Comment

Law and Policy Watch

8. Upcoming EDO submissions

Community News

9. Banksia Environment Awards 2008
10. Camp for Climate Action
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


EDO News and Events

1. EDO Media Release: Special Legislation Targets EDO Case
The NSW Minister for Environment, Verity Firth, this week tabled the Threatened Species Conservation Amendment (Special Provisions) Bill 2008, a bill which is intended to bypass a pending Land and Environment Court challenge to biodiversity certification of State Environmental Planning Policy (Sydney Region Growth Centers) 2006.

Section 126G of the Threatened Species Conservation Act 1995 allows the Environment Minister to make an order conferring “biodiversity certification” (biocertification) on an Environmental Planning Instrument.  In order to do this, the Minister must be satisfied that the plan, in addition to any other relevant measures to be taken into account, will lead to the overall improvement or maintenance of biodiversity values.

The effect of biocertification is to remove the need for a Species Impact Statement and Department of Environment and Climate Change concurrence for developments under the plan.  All developments which are permissible under a biocertified plan are deemed not to have a significant impact on threatened species, regardless of their actual impacts.

The True Conservation Alliance, represented by the Environmental Defender's Office, launched a legal challenge to Minister Firth's decision to grant biocertification to the Growth Centres SEPP in February 2008.  The case is due to be heard on 29-31 July 2008.

The Growth Centres SEPP will result in the clearing of 1,800 ha of high quality native vegetation, including 12% of the remaining high quality Cumberland Plain Woodland, and have negative impacts on 16 threatened plant species and 22 threatened animal species.  The purported trade-off is a $530M conservation fund, however there is no certainty about what land will be acquired with this fund, or whether it will be sufficient to offset the massive losses within the Growth Centres region. The True Conservation Alliance alleges that the Minister had no rational basis for concluding this plan would maintain or improve biodiversity values.

Prior to the matter being heard in Court, the NSW Minister for Environment has introduced special legislation directly conferring biocertification on the Growth Centres SEPP, avoiding the need to meet the “maintain or improve” test. 

The NSW Government has shown scant respect for the rule of law by introducing special legislation to avoid having to comply with the requirements of the Threatened Species Conservation Act in relation to the Growth Centres SEPP.  This sets a poor precedent for other areas of the State which are also subject to development pressure.  If the Government is serious about saving species from extinction, it needs to ensure a consistent assessment of threatened species impacts takes place across all development areas. 

For more information, contact Josie Walker or Jeff Smith on (02) 9262 6989.

2. EDO Seminar and IMPACT! Launch: Public Participation on the Endangered List
The EDO announces the launch of its new national, biannual environmental law journal, IMPACT! To celebrate this event, we will be hosting a seminar titled ‘Public Participation on the Endangered List.'

The seminar will be chaired by the Hon. Murray Wilcox and feature guest speakers Roland Browne (Chair of EDO Tasmania) and Michael Bozic SC, both whom contributed articles to the latest edition of IMPACT! The speakers will explore the national trend towards a decline in public participation in environmental decision-making and discuss the possible implications of this trend.

Time:  6pm - 8pm
Date:   Thursday 10 July, 2008
Venue:   DLA Phillips Fox, Level 38, 201 Elizabeth Street, Sydney

For more information and to register, call (02) 9262 6989. RSVP by 7 July 2008.
The EDO wishes to thank the City of Sydney and DLA Phillips Fox for supporting this seminar.

3. 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.

Time: 10 a.m. to 4 p.m. (light lunch included)
Date: Saturday 28 June, 2008
Venue: Soldier's Club, Beach Rd, Batemans Bay

For more information and to register, call (02) 9262 6989. RSVP by 24 June 2008.

EDO in the Media

4. Wauchope Gazette: Council halts power plant (19 June 2008)
This article announces Port Macquarie-Hastings Council decision to withdraw its support from the peaking power station near Kew and withhold Council land designated for the plant. The Council confirmed that the Department of Planning was to be notified of this decision.

Council Administrator Dick Persson is quoted, stating he agrees with community opposition to the proposal and that ‘Council has a responsibility to the community to be as environmentally-friendly as possible.'

On Thursday 12 June, EDO Northern Rivers, in conjunction with community environment groups, held a public meeting regarding the power station proposal, where strong community opposition to the plant was expressed.

For a full transcript of the article, visit http://wauchope.yourguide.com.au/news/local/news/general/council-halts-power-plant/791630.aspx

Environmental Law Notices – New South Wales

5. 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

• Tamworth: Modification - Oakburn Baiada Chicken Processing Facility

6. 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

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

The following referrals have been listed within the last 7 days:

Queensland
Xstrata Coal Queensland, ICRA Wandoan & Sumisho Coal Australia/Mining/Wandoan/QLD/Wandoan Coal Project Coal Seam Methane Water Supply West
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4283

Xstrata Coal Queensland, ICRA Wandoan &Sumisho Coal Australia/Mining/Wandoan/QLD/Wandoan Coal Project Mine and Infrastructure
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4284

Xstrata Coal Queensland, ICRA Wandoan &Sumisho Coal Australia/Mining/Wandoan Coal Project Glebe Weir Raising
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4285

Reg Rowley/Commercial Development/345 Pierce Ave, Bells Creek Caloundra/QLD/Subdivision of Lot 1 SP145632 into 21 Industrial Lots
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4286

Xstrata Coal Queensland, ICRA Wandoan & Sumisho Coal Australia/Mining/Wandoan/QLD/Wandoan Coal Project – Coal Seam Methane Water Supply South
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4287

Victoria
Wannon Region Water Corporation/Water management and use/Rocklands Reservoir to Grampians Headworks Pipeline/VIC/Construction and Operation of a Water Pipeline and Pump Station
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4282

Commonwealth Marine
WesternGeco Australia Pty Ltd/Exploration (mineral, oil and gas – marine)/North West shelf-105km N of Exmouth WA-Permit area WA351P/Commonwealth Marine/3D seismic survey
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4281

Law and Policy Watch

8. Upcoming EDO Policy Submissions
The EDO policy team is currently working on a submission on the Complying Development Codes for housing and a submission on the Federal Department of Transport's Issues Paper into Aviation. Both of these papers will be made available on the EDO website at http://www.edo.org.au/edonsw/site/policy.php

The Garnaut Climate Change Review Draft Report will be released on Friday 4 July 2008. The EDO will be preparing a comment in response to the Draft Report. Draft Report Public Forums have also been scheduled, providing an opportunity for individuals and organisations to discuss the Report with Professor Garnaut and the Review Secretariat.

The forums schedule is available at http://www.garnautreview.org.au/CA25734E0016A131/feedbackform?openform&formkey=Forum

If you would like to contribute or for more information on the EDO's submissions, please contact the EDO office on (02) 9262 6989.

Community News

9. Banksia Environment Awards 2008
There are many individuals, businesses and communities in Australia who are trying to make the world we live in a better place, helping to address various environmental issues from land and habitat degradation through to climate change.

The Banksia People's Choice Award finalists are selected from the Banksia Award category finalists who have already been acknowledged as leaders and innovators in the environmental field through a judging process based on experts and peers.

Ask yourself three questions when selecting your winner:

1. Which entry will have the greatest impact on providing Australia's future generations with the wonderful natural environment that I have been able to enjoy?
2. Which finalist deals with what I feel is the most burning issue the environment faces today?
3. Which entry gives me the most hope for a sustainable future for Australia?
The nine contenders for the Banksia People's Choice Award have been selected from the finalists in the Banksia Awards. The recipient of the Banksia People's Choice Award will be announced at the Banksia Environmental Awards Presentation on the 18 July 2008.
To view the entries and for more information, visit http://www.banksiafdn.com/index.php?page=316

10. Camp for Climate Action
The earth is facing a climate emergency, but despite the increasingly urgent warnings from scientists, greenhouse pollution continues to rise and the coal industry continues to expand. When Governments fail to act, it is up to everyday people to take direct action themselves.

The camp for climate action will be six days of inspiring workshops & peaceful direct action aimed at shutting down the world's largest coal port in Newcastle, just north of Sydney. If you are concerned about climate change, and want real action instead of more hot air, then we encourage you to come, bring your friends and family and get involved.

Dates: Thursday 10 July to Tuesday 15 July 2008
Venue: Cnr of Mangrove Road and River Road, Sandgate, Newcastle NSW

For more information, visit http://www.climatecamp.org.au/

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 include:

• 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.

When: Friday 1 to Saturday 2 August, 2008
Where: ANZ Theatre, Taronga Zoo
For more information, contact Amanda at Community Environment Network on (02) 4349 4754

Untitled Document

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.

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This site was last updated Friday 3 October, 2008
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