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Environmental Defender's Office
New South Wales (Ltd)
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EDO NSW BULLETIN – 1 July 2008: Number 568

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. Update: EDO Case Threatened by Special Legislation
2. EDO Seminar and IMPACT! Launch: Public Participation on the Endangered List
3. EDO congratulates new legal appointments

EDO in the Media

Environmental Law Notices – New South Wales

4. Major Project Proposals – Invitation to Comment
5. State Conservation Notices – Invitation to Comment Environmental Law Notices – Commonwealth
6. EPBC Referrals – Invitation to Comment

Law and Policy Watch

7. EDO Policy Submissions
8. New Amendments to the Environmental Planning and Assessment Act 1979

Community News

9. Camp for Climate Action
10. Community Environment Network Event: Land for Wildlife NSW Conference


EDO News and Events

1. Update: EDO Case Threatened by Special Legislation

In the last Bulletin we reported that the Minister for Environment had introduced special legislation to bypass a challenge to the biodiversity certification of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Growth Centres SEPP). The Threatened Species Conservation (Special Provisions) Bill 2008 passed through both houses of the NSW Parliament by a narrow majority on 25 June 2008. The bill will confer biodiversity certification on the area within the Growth Centres SEPP covered by the original order. This means that the Growth Centres SEPP will have the benefit of biodiversity certification, even if the original biodiversity order is declared invalid by the Court. It is unfortunate that the Government has decided to prioritise certainty for developers over protecting the critically endangered ecological communities in the areas affected by the Growth Centres SEPP. This sets a poor precedent for other areas of New South Wales which are also subject to development pressure. Our client is currently considering its options in relation to the continuation of the proceedings. For further information, call Josie Walker on 9262 6989

2. EDO Seminar and IMPACT! Launch: Public Participation on the Endangered List

The EDO will soon launch 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, email education@edo.org.au or 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.  EDO Congratulates New Legal Appointments

Congratulations to the Hon. Justice Jagot and Mr Nye Perram SC on their appointment to the Federal Court, and Stephen Gageler SC on his appointment as Commonwealth Solicitor-General. The staff at the EDO send their best wishes to all three new appointments and wish to thank them for their pro bono assistance while they were at the bar. 

EDO in the Media

Environmental Law Notices – New South Wales

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
  • Wollongong- Development Application- Kembla Grange Material Recovery Facility
  • Hawks Nest- Amended Development Application for residential development.

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 http://www.environment.nsw.gov.au/consult/DecPublicConsultation.htm
  • Draft Contaminated Land Management Regulation 2008. The Contaminated Land Management Regulation 1998 is due for automatic repeal on 1 September 2008. It is proposed that a new Regulation be made under the Contaminated Land Management Act 1997 (CLM Act) by 1 September 2008.
  • Yaouk Nature Reserve- draft plan of management- on exhibition until 13 October 2008.
  • Scabby Range Nature Reserve- draft plan of management- on exhibition until 13 October 2008.

Environmental Law Notices – Commonwealth 

6. 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 Development of a Correctional Precinct and Associated Facilities. Millers Road and Krugers Road, Spring Creek, Gatton  http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4308 Residential development of 75 units, 4 shops, conference facility, health club and restaurant. Shingley Drive, Cannonvale http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4291 Proposed telecommunications tower at Lumley Hill Mount Whitfield Conservation Park, west of Aeroglen, Cairns http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4293 Relocation of Spectacled Flying Foxes from Bale Resort Bale Resort, 6km south of Port Douglas http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4288 Off-shore Sonar and Seismic Survey Port of Abbot Point Coal Terminal, north of Bowen http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4289 Western Australia Pleasant Grove Rezoning and Subdivision  Off Old Coast Rd, Falcon, City of Mandurah http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4295 South Australia Wind Energy Facility 3km North East of Gulnare http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4303

Law and Policy Watch

7. EDO Policy Submissions

A new submission is available on the EDO website. It was made on behalf of the Australian Network of Environmental Defender's Offices (ANEDO) on the draft Offshore Petroleum Amendment (Greenhouse Gas Storage) Bill. The submission addresses issues relating to carbon capture and storage. You can access the submission by visiting the EDO website http://www.edo.org.au/edonsw/site/policy.php The terms of reference for an inquiry into the operation of the EPBC Act are now up on the Australian Government website. Submissions are due 5th September. To access the terms of reference visit  http://www.aph. gov.au/Senate/ committee/ eca_ctte/ epbc_act/ tor.htm For more information on the EDO's submissions, please contact the EDO office on (02) 9262 6989.

8. New Amendments to the Environmental Planning and Assessment Act 1979

The Environmental Planning and Assessment Bill 2008 has passed both houses of the NSW Parliament. The Bill introduces a number of controversial reforms into the NSW planning system, including major changes to plan making, development assessment, exempt and complying development and private certification. The EDO will conduct education workshops on these reforms in the near future.

Community News

9. 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. EDO staff will present workshops on advocacy and climate change at the camp. 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/

10. 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 Tuesday 7 October, 2008
© 2008 Environmental Defender's Office (Ltd) NSW
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