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

EDO NSW BULLETIN 24 September 2008: No. 580

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. Principal Solicitor Position Vacancy: EDO Western Australia
2. Policy/Legal Officer, Centre for Environmental Law and Community Rights (CELCOR), Papua New Guinea
3. AYAD Placement: Environment and Climate Change Officer, United Nations Industrial Development Organisation, Beijing, China
4. AYAD Placement: Legal Officer, Environmental Law Centre, Papua New Guinea
5. Northern Rivers Evening Workshop: Conserving Threatened Species
6. Northern Rivers Seminars: Brainfood in Byron – Human Rights and the Environment

Law and Policy Watch

7. ACCC News Release: Green claims declared misleading by Federal Court
8. NSW Department of Planning: New Planning Assessment Commission Appointed
9. EDO Policy Submissions
10. NSW Fisheries Scientific Committee: Call for Public Submissions

EDO in the Media

11. Sydney Morning Herald: Residents ready to use green bans to stop bay development
12. Daily Examiner (Grafton): Shun Rumour: Mill Push Alive

Environmental Law Notices – New South Wales

13. Major Project Proposals – Invitation to Comment
14. State Conservation Notices – Invitation to Comment

Environmental Law Notices – Commonwealth

15. EPBC Referrals – Invitation to Comment

Community News

16. Nature Conservation Council of NSW: Conference Program now available
17. Australian Youth Ambassador for Development Assignments
18. EPLA Conference 2008
19. Mosman Parks and Bushland Association: Annual General Meeting


EDO News and Events

1. EDO Western Australia Position Vacancy: Principal Solicitor
The EDO seeks an experienced and committed environmental lawyer able to practise in Western Australia, for the full-time position of Principal Solicitor in its office in Perth.

The Principal Solicitor has overall responsibility for the legal and administrative operations of the office.

Employment commencement date is negotiable.

The Principal Solicitor's remuneration is, depending on experience and qualifications, up to $70,000 per annum plus superannuation.

For more information regarding the position and how to apply, please contact Amber Centa on 9221 3030.

2. AYAD Placement: Policy/Legal Officer, Centre for Environmental Law and Community Rights (CELCOR), Papua New Guinea
The EDO, in partnership with CELCOR, is recruiting a policy/legal officer for CELCOR's office in Port Moresby, Papua New Guinea (PNG) for a period of 6 to 12 months.

Position Description
As part of the placement, you will be required to undertake the following tasks:

• Work with CELCOR lawyers and policy staff to develop policy skills including participation in international negotiations, writing letters on behalf of clients, submissions to Government and advice to environment groups on proposed new laws;
• Assist CELCOR staff to enhance and strengthen the knowledge and skills of lawyers and the public about environmental law and policy, including organising and participating in workshops and seminars;
• Work with CELCOR staff to undertake community education and capacity building activities in rural communities on the legal rights of customary landowners, particularly related to climate change and marine area management;
• Work with CELCOR staff to transfer skills to enable them to undertake lobbying and advocacy work in relation to the development and enforcement of environmental laws;
• Work with CELCOR staff to build skills to strengthen relationships with international and regional lawyers, networks, NGOs and funding organisations.

About CELCOR
CELCOR is a public interest law NGO. The main aim of CELCOR is to provide legal assistance to landowners affected by large scale environmentally destructive projects including industrial logging, mining and oil palm plantation developments and to promote community based natural resource management through effective law and policies. CELCOR has seventeen full-time staff including six lawyers and has interacted with communities in thirteen provinces in Papua New Guinea.

Essential
1. Bachelor of Laws
2. 12 months experience in environmental law

Desirable
• Knowledge of, or experience in, development of environmental law and policy, particularly related to climate change
• Knowledge of, or experience in, lobbying and advocacy for law reform
• Excellent communication skills
• Ability to work independently and within a small team
• Ability to work in a cross-cultural environment

For more information regarding the position and how to apply, please contact Amelia Thorpe on (02) 9262 6989.

Applications close 25 September 2008 .

3. AYAD Placement: Environment and Climate Change Officer, United Nations Industrial Development Organisation (UNIDO), Beijing, China
The EDO has partnered with the United Nations Industrial Development Organisation in Beijing, China, to recruit an Environment and Climate Change Officer for a period of 12 months under the Australian Youth Ambassador for Development (AYAD) Program..

Position Description
As part of the placement, you will be required to undertake the following activities:

• Assist the UNIDO representative to coordinate the implementation of the UN-China Climate Change Partnership Framework;
• Assist in fine-tuning an effective reporting mechanism to document results and lessons from the Joint Program;
• Assist national staff at the UNIDO regional office in Beijing with reporting and monitoring;
• Assist in reviewing consolidated progress reports and set up presentations, articles, papers and summaries to promote the UN-China Climate Change Partnership Framework in national and international forums;
• Assist in the organisation of a major conference on South-South Cooperation;
• Facilitate the building of an appropriate network of NGOs, donors, government agencies and the private sector; and
• Assist in various functions related to management practices, service delivery and external relations.

Qualifications
Bachelor Degree with some relevant experience or Masters Degree in Environmental Sciences, Economics, Development or other relevant sciences.

Experience
Some practical experience on one or more of the following areas: climate change policy, mitigation or adaptation; energy efficiency and greenhouse gas emissions; project assessment and south-south cooperation.

Desirable
• Excellent written and verbal communication skills
• Excellent team work skills
• Experience in analysing and interpreting issues and positions within a development framework
• Working knowledge of Chinese would be an asset

For more information and details on how to apply, see the AYAD website at http://www.ayad.com.au/aspx/displayAssignment.aspx?assignmentID=6598


4. AYAD Placement: Legal Officer, Environmental Law Centre, Papua New Guinea
The EDO is recruiting a Legal Officer between the ages of 18-30 to undertake an Australian Youth Ambassador for Development role working for the Environmental Law Centre (ELC) in Port Moresby, Papua New Guinea.

The position is for 6 - 12 months (negotiable), beginning in March 2009. It is offered to suitably qualified applicants who meet the following selection criteria:

Essential

• Bachelor of Laws
• 12 months experience in legal practice

Desirable

• Commitment to environmental protection
• Knowledge of, or experience in, public interest litigation, particularly environmental advocacy
• Knowledge of, or experience in, lobbying and advocacy for law reform, particularly related to corruption
• Excellent communication skills
• Ability to work independently and within a small team
• Ability to work in a cross-cultural environment


About ELC and the Legal Officer role

The Environmental Law Centre is an independent, non-profit legal centre which provides legal advice, case work, education and other assistance to customary landowners and community members in PNG. Anne Kajir, Director of ELC, was awarded the prestigious Goldman Prize in 2006 for her work to combat illegal logging in PNG.

The successful applicant will be responsible for working with ELC staff on:

• environmental litigation, particularly in the forestry sector;
• community education and capacity building activities in rural communities on the legal rights of customary landowners, particularly in relation to climate change;
• lobbying and advocacy work in relation to the enforcement of environmental laws, access to information and public participation, particularly in relation to corruption; and
• strengthening relationships with international and regional lawyers, networks, NGOs and funding organisations.

About AYAD

The Australian Youth Ambassadors for Development Program (AYAD) places 18-30 year olds (mostly graduates) in volunteer assignments within developing countries in the Asia Pacific Region. 

The Program provides support to cover the costs of volunteering overseas including pre-departure medicals, insurance, travel, in-country allowance, and the support of in-country management services.

How to Apply

Applications are due by 25 September 2008 . Application forms can be downloaded from the AYAD website http://www.ayad.com.au/aspx/home.aspx

Please return your application forms to Amelia Thorpe , Programs Director, Environmental Defender's Office.

Please direct all enquiries to Amelia by calling 02 9262 6989.


5. Northern Rivers Evening Workshop: Conserving Threatened Species
The Environmental Defender's Office and Tucki Landcare Group invite you to join this FREE evening workshop on Conserving Threatened Species. EDO Northern Rivers Solicitor Sue Higginson will provide an introduction to the legal protection for endangered plants and animals in NSW, followed by an audio-visual presentation on local habitats and related issues by Mark Graham, an ecologist from Buckombil Conservation Services who has radio tracked koalas and undertaken flora and fauna assessments in the Tucki Tucki catchment.

Time: 6-8 pm
Date: Thursday 25 September 2008
Venue: Function Room 2, Lismore Workers Sports Club, 202 Oliver Ave Goonellebah

For more information, or to register your interest, contact Mark Byrne, EDO Northern Rivers Education Officer on 6622 8470.

6. Northern Rivers Seminars: Brainfood in Byron – Human Rights and the Environment
Although they are thought of as two distinct realms, many human rights depend on environmental protection, and vice versa. The EDO Northern Rivers invites you to a series of free seminars presented by local and visiting experts on the interdependence of the social and natural worlds, with a focus on international issues and initiatives. See below for the topics scheduled.

The seminars are to be held on the last Friday of the month at the Verandah Room (first floor), Byron Community Centre, 69 Johnson St. Arrive at 6pm for drinks and nibbles with the talk commencing at 6.30pm. Seminars will conclude with a question time.

26 Sept - Mining -  Techa Beaumont, Mineral Policy Institute

31 Oct  - Water -  Ilona Millar, Baker & McKenzie

28 Nov - Chemicals - Dr Mariann Lloyd-Smith, National Toxics Network

For more information, please call Mark Byrne, Education Officer, Environmental Defender's Office Northern Rivers, on (02) 6622 8470


Law and Policy Watch

7. ACCC News Release: Green claims declared misleading by Federal Court
GM Holden's latest marketing campaign for Saab Australia, containing phrases such as “Grrrrrreen”, “Every Saab is green. With carbon emissions neutral across the entire Saab range” and “Shift to Neutral”, has been declared by the Federal Court of Australia to be false and misleading.

The Australian Competition and Consumer Commission (ACCC) was successful in its challenge to the marketing campaign, under sections 52 and 53(c) of the Trade Practices Act 1974 .

Saab's advertisements claimed that for every car purchased, GM Holden would plant, on behalf of the purchaser, 17 native trees which would offset the carbon dioxide emissions for the life of that motor vehicle. These claims were misleading. It was found that this number of trees would offset the carbon emissions for only one year of the vehicle's operation.

In addition to refraining from using this campaign, GM Holden has advised the ACCC that it will plant 12,500 native trees in order to offset the carbon dioxide emissions for the life of all the Saab vehicles sold during the campaign.

The ACCC has launched the publications, Carbon Claims and the Trade Practices Act, Green Marketing and the Trade Practices Act, and For Consumers: Environmental Issues, dealing specifically with environmental claims regarding carbon offsets in advertising. 

Contact the ACCC on 1300 302 502 for more information.

8. NSW Department of Planning: New Planning Assessment Commission Appointed
The members of the new Planning Assessment Commission (PAC) were announced by Frank Sartor, in his previous role as Planning Minister, on 3 September 2008. The PAC will act as consent authority for approximately 80 percent of projects currently determined by the Planning Minister and will commence operation on 1 October 2008.

Gabrielle Kibble, former head of Department of Planning has been appointed chair of the PAC. The part-time commissioners acting under Ms Kibble will include Donna Campbell, former Director of Legal Services at the Environmental Protection Authority; Neil Shepherd, former head of the Environmental Protection Authority, Ministry for the Environment and National Parks and Wildlife Service; and John Court, chemical engineer and environmental expert. 

Simultaneously, Mr Sartor announced the members of the new Building Professionals Board (BPB), following an expansion of its role in enforcing the State's building standards.

The members of both the PAC and the BPB have been appointed for a period of three years.

For more information, please visit the NSW Department of Planning website at www.planning.nsw.gov.au

9. EDO Policy Submissions
The submission on the review of the Environment Protection and Biodiversity Conservation Act, on behalf of the Australian Network of Environmental Defender's Offices (ANEDO), will be available on the EDO website on Thursday.

For more information on any of the EDO's submissions or other policy work, please contact the EDO office on (02) 9262 6989 . All previous and current submissions can be found at http://www.edo.org.au/edonsw/site/policy.php

10. NSW Fisheries Scientific Committee: Call for Public Submissions
The NSW Fisheries Scientific Committee has made a proposed determination to list the eel tailed catfish, Tandanus tandanus, in the Murray/Darling Basin as an Endangered Population in Part 2 of Schedule 4 of the Fisheries Management Act 1994 and to list Haswells caprellid, Metaprotella haswelliana, a small marine amphipod, as a Species Presumed Extinct in Part 4 of Schedule 4 of the Act.

The Fisheries Scientific Committee is calling for public submissions on the proposed determinations which are available on the Committee's website www.fsc.nsw.gov.au

Any person may make a written submission which should be forwarded to:

Fisheries Scientific Committee
c/- NSW DPI
Locked Bag 1
NELSON BAY NSW 2315

Submissions will be considered for their scientific content in reference to the subject and must be received by 25 September 2008 . For further information contact Simon Kirkness on (02) 4916 3828.

EDO in the Media

11. Sydney Morning Herald: Residents use green bans to stop bay development (4 September 2008)
This article looks at the State Government's approval of a plan to build 800 dwellings at Catherine Hill Bay, on the coast 100 kilometres north of Sydney. The Catherine Hill Bay Progress Association has strongly opposed the proposal and has claimed it is willing to undertake green bans, involving blockades and industrial action, in order to stop construction going ahead. Objections to the development are grounded in the proposal's inconsistency with the ‘quiet community values of this unique maritime village.'

The EDO has been advising the Catherine Hill Bay Progress Association regarding the development and possible legal avenues to take in challenging the approval.

For a full transcript of the article, visit http://www.smh.com.au/news/environment/residents-to-take-action-to-stop-bay-development/2008/09/03/1220121331184.html

12. Daily Examiner (Grafton): Shun Rumour: Mill Push Alive (22 September 2008)
This article considers the withdrawal of an appeal before the Land and Environment Court by the proponent of the Tomsys Sawmill at Coutts Crossing. The EDO's Northern Rivers Office had been advising an objector to the sawmill.

EDO Northern Rivers Solicitor, Sue Higginson was quoted in the article, presenting her thoughts on the decision to withdraw.

For more information on the article, please contact Northern Rivers Education Officer, Mark Byrne on 6622 8470 .

Law Notices – New South Wales

13. 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

• Conargo: Expansion of ‘Haino Park' Cattle Feedlot, Deniliquin

14. 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 Regulation
Proposed Protection of the Environment Operations (General) Regulation 2008

Environmental Law Notices – Commonwealth

15. EPBC Referrals – Invitation to Comment
Referrals under the Environment Protection and Biodiversity Conservation Act 1999 are available for comment on the Department of the Environment, Water, Heritage and the Arts website at: http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl

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

ACT
Parliament House/Commonwealth /King George Terrace, Parkes/ACT/Construction of a New Cooling Tower Enclosure at Old Parliament House
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4457

New South Wales
Riverlands Estate P/L/Commercial development/Riverlands Golf Club, Prescott Parade, Milperra NSW/NSW/Staged Redevelopment of Riverlands Site
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4464

Australasian Conference Association Limited (JPG 28 Pty Ltd)/Residential development/Fox Valley Rd, Fox Valley near Wahroonga, NSW/NSW/Redevelopment, Upgrade and Expansion of Wahroonga Estate
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4460

Australian Nuclear Science and Technology Organisation/Science and research/Lucas Heights Science and Technology Centre, Illawarra Rd/NSW/Construction of Nuclear Materials Store, Lucas Heights
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4459

Queensland
Origin Energy CSG Limited/Mining/Condamine-Kogan Rd, Chinchilla/QLD/Proposed Coal Seam Gas Development and Associated Infrastructure
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4456

South Australia
John Duggin/Residential development/1180 Burma Rd, Yundi/SA/Clearing of Vegetation and Construction of a Fence
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4465

Victoria
TRUenergy Pty Ltd/Mining/North-west of Morwell, LaTrobe Valley, 150km east of Melbourne/VIC/Yallourn Coal Field Re-alignment Project
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4454

Broadcast Australia Pty Ltd/Residential development/Cnr Sydenham and Taylors Roads, Sydenham/VIC/Removal of 23ha of Natural Temperate Grassland of the Victorian Volcanic Plain
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4453

Western Australia
AngloGold Ashanti Australia Limited and Independence Group NL/Exploration (mineral, oil and gas – non-marine)/Approx. 300km ENE of Kalgoorlie/WA/Tropicana Joint Venture Gold Exploration Activities
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4463

Global Barramundi Pty Ltd/Aquaculture/70km from Kununurra, Lake Argyle/WA/Aquaculture of Barramundi
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4458

Commonwealth Marine
Chevron Australia Pty Ltd/Exploration (mineral, oil and gas – marine)/Exmouth Plateau & Greater Gorgon, north west shelf, 90km from WA/Commonwealth Marine/Drill 35-40 offshore exploration wells
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4461

Geoscience Australia/Science and research/Wallaby Plateau, Perth Basin, Southern & Northern Carnarvon Basins/Commonwealth Marine/Marine reconnaissance survey
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4466

Community News

16. Nature Conservation Council of NSW: Conference program now available
Our unique biodiversity and ecosystems are under threat from climate change.  The IPCC 2007 report predicts that approximately 20 – 30% of plant and animal species assessed so far are likely to be at increased risk of extinction if increases in global average temperature exceed 1.5 – 2.5 degrees celsius.  The Nature Conservation Council of NSW is presenting a ground breaking conference ‘Saving a Sunburnt Country: the challenges of species adaptation in a heating land' on the 12 & 13 November, 2008 in Sydney.  The conference aims to provide:

• access to the latest research on the challenges of assisting mitigation and adaptation for biodiversity and ecosystems under climate change;
• an overview of current policy and planning; and
• examples of innovation from government, academics and the community.

For more information and to access the 2-day conference program, visit http://www.nccnsw.org.au/sunburntcountry Early bird rates are available until 26 September 2008 .

17. Australian Youth Ambassador for Development Assignments
The Australian Youth Ambassadors for Development Program (AYAD) send young Australians aged 18-30 on short-term assignments (3-12 months) through Asia and the Pacific.

Assignments for Intake 24 of the AYAD Program are online from 29 August until 26 September 2008. New assignments are listed 3 times per year on their website. The assignments offered cover a diverse range of sectors including education, environment, gender, governance, health, infrastructure, rural development and trades.

To see a detailed position description for the positions and information on how to apply, visit the AYAD website at www.ayad.com.au

Applications close 26 September 2008 .

18. EPLA Conference 2008
The Environmental and Planning Law Association (EPLA) is an organisation whose members are drawn from many environmental disciplines including from the fields of planning, environment, architecture, local government and the legal profession. EPLA is holding its upcoming 2008 annual conference in the heritage village of Bangalow in the Northern Rivers hinterland. Topics that will be the focus of the conference include:

• Climate change in the Development Assessment Process
• Biodiversity Banking
• Rural, coastal and regional issues
• Legislative updates – State and Commonwealth laws
• Recent developments

The EPLA Conference not only enables practitioners to meet their mandatory CLE and CPD requirements but affords an opportunity to meet with fellow practitioners and consultants in an informal atmosphere.

Dates: Friday and Saturday, 17 – 18 October 2008 (Conference dinner 16 October)
Venue: A & I Hall of Industries, Bangalow

For further information or to register, contact Michele Kearns on 8227 9600


19. Mosman Parks and Bushland Association: Annual General Meeting
The 44th Annual General Meeting of the Association will be held on Thursday 25 September 2008 . Guest speaker Kirsty Ruddock will address the latest planning reforms and how they affect the community in terms of open space, heritage and the built environment. The evening will also update residents on the activities of the Association, regarding open space and public land, Mosman Council initiatives and various development applications dealt with during the year.

All are welcome to attend and refreshments will be served after the talk.

Time: 6.00 pm
Date: Thursday 25 September 2008
Venue: Art Gallery, Mosman Community Centre, Cnr Myahgah and Short Streets, Mosman

 


 

 

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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.

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This site was last updated Thursday 20 November, 2008
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