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. Special leave application lodged in Walker case
2. Positions Vacant: EDO Victoria
3. Northern Rivers Seminars: Brainfood in Byron – Human Rights and the Environment
4. EDO Green Office
Law and Policy Watch
5. EDO Policy Submissions: Planning Inquiry
6. Upcoming legislative reviews
7. Legally-binding emission cuts introduced in Britain
EDO in the Media
8. The Australian: Litigation prods governments into action on climate
9. ABC Four Corners: ‘Buying Back the River'
10. Sydney Morning Herald: Groups rally against planning laws
Environmental Law Notices – New South Wales
11. Major Project Proposals – Invitation to Comment
12. State Conservation Notices – Invitation to Comment
Environmental Law Notices – Commonwealth
13. EPBC Referrals – Invitation to Comment
Community News
14. NCC Conference: Saving a Sunburnt Country
15. Macquarie University Centre for Environmental Law Public Lecture
16. Environment Institute of Australia and New Zealand: The View From Inside the Tent
17. Young Lawyers Environmental Law Committee: Annual Trivia Night
18. PIAC Human Rights Training for Community Legal Centres
19. Walk Against Warming
EDO News and Events
1. Special leave application lodged in Walker case The EDO today filed an application for special leave to appeal to the High Court of Australia in the ongoing matter of Jill Walker v the Minister for Planning .
The EDO successfully represented Jill Walker in her challenge to a concept plan approval granted by the Minister for Planning for a development at Sandon Point, north of Wollongong. Justice Biscoe of the Land and Environment Court found that the Minister had failed to consider matters of ecologically sustainable development (ESD) by not taking into account the potential impacts of climate change on the site. Following an appeal by the Minister, the NSW Court of Appeal overturned Biscoe J's decision, finding that whilst the Minister must make decisions in the public interest, not having regard to ESD principles does not necessarily constitute a breach of that obligation.
If special leave is granted, the EDO will again argue that the Minister should be required to consider ESD as a mandatory relevant consideration under part 3A of the Environmental Planning and Assessment Act 1979.
2. Positions Vacant: EDO Victoria After receiving significant funding grants from the Legal Services Board of Victoria, the Victoria Law Foundation and The Ian Potter Foundation, four new positions are now available at the Environmental Defender's Office Victoria, at their office in Melbourne. The positions are:
• Law reform and policy director (up to $75,000 p.a.)
• Research officer (up to $55,000 p.a.)
• Solicitor ($55,000 to $70,000 p.a.)
• On-line legal resources project worker (short-term, up to $55,000 p.a. pro rata)
For all position descriptions and details about how to apply, visit www.edo.org.au/edovic or call (03) 8341 3100.
Applications should be sent to Brendan at EDO Victoria by 5pm on Monday 27 October 2008 to PO Box 12123, A'Beckett St, VIC 8006.
3. 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.
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.
4. EDO Green Office As part of the EDO's Green Office program, we have now provided on our website, for the purpose of volunteers and clients, instructions on how to get to the EDO office by public transport and/or by cycling.
5. EDO Policy Submissions
The EDO is currently preparing a submission to the NSW Legislative Council inquiry into the NSW planning framework. The inquiry will particularly consider the implications of the Council of Australian Governments (COAG) reform agenda for planning in New South Wales, climate change and natural resource issues in planning and development controls, and the duplication of processes under relevant Commonwealth and NSW legislation. For more information see:
The NSW Ombudsman is conducting a review of the Freedom of Information Act 1989. The EDO is preparing a submission to the inquiry. Submissions are due on 31 October. The full discussion paper can be found here:
6. Upcoming legislative reviews Legislation in NSW is usually reviewed after five years. A review is carried out to determine whether the policy objectives of an Act remain valid and whether the means of addressing these objectives are appropriate. The following Acts are shortly due for review: The Native Vegetation Act 2003 , Natural Resources Commission Act 2003 and the Catchment Management Authorities Act 2003.
In anticipation of these reviews, the EDO is gathering information on key issues of concern, problems with implementation and suggestions for improvement. Please contact Robert Ghanem on (02) 9262 6989 if you would like to contribute.
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 submissions can be found at http://www.edo.org.au/edonsw/site/policy.php
7. Legally binding emissions cuts introduced in Britain
In the international arena, Britain will introduce a legally binding pledge to cut carbon emissions by 80 percent by 2050, the Minister for the newly-created Department for Energy and Climate Change announced recently. The decision will involve amendments to soon-to-be-approved legislation that requires Britain to cut carbon emissions by 60 percent of 1990 levels by 2050 and came following a recommendation by a government-appointed committee.
The cuts will cover all industries – including shipping and aviation – and, according to the Chair of the committee that made the initial recommendations, would cost around one to two percent of gross domestic product (GDP) in 2050.
Campaigners welcomed the carbon-cutting pledge, but cautioned that Britain should ensure it lowered carbon emissions locally, and did not rely on the use of carbon offsetting.
Britain became the first country in the world to introduce legally-binding cuts in emissions of carbon dioxide when the Climate Change Bill completed its passage through both houses of parliament in March. The new amendments are now awaiting Royal Assent.
EDO in the Media
8. The Australian : Litigation prods governments into action on climate (17 October 2008) This article reports on comments made by Chief Justice of the Land and Environment Court, Brian Preston, made at the Judicial Conference of Australia. Preston CJ mentioned particularly litigation based on the need to consider climate change when making a decision regarding the merits of a development proposal.
The reference by his Honour to cases on matters such as ‘the alleged failure to consider coastal hazards, including sea-level rise', relates to one of the EDO's recent cases, Walker v the Minister for Planning & Ors. The EDO has been involved in multiple cases brought on grounds of climate change and a failure to consider its impacts when making a development proposal decision.
9. ABC Four Corners: ‘Buying Back the River' (20 October 2008) This story on ABC's Four Corners, looked at water scarcity issues in relation particularly to the Murray Darling River system and the Federal and State governments' responses to farmers in drought and the increasing impacts of climate change.
A member of the EDO's Technical Advisory Panel, ecologist Professor Richard Kingsford from the University of NSW, was interviewed on the program, contributing his knowledge and understanding of river systems and the importance of floodplain areas. Professor Kingsford has been selected as part of a panel to advise the Federal government on water buy backs in the Murray Darling.
10. Sydney Morning Herald : Groups rally against planning laws (19 October 2008) This article reports on the Rally Against Inappropriate Development (RAID) event that took place in Hyde Park on Sunday 19 October. The report explains that the protestors want Part 3A of the Environmental Planning and Assessment Act 1979 removed, particularly the Minister's power to ‘take over' the approval process for significant developments.
The article reports on the involvement in the rally of various EDO clients, including the Friends of Currawong and Catherine Hill Bay community groups.
Law Notices – New South Wales
11. 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
• Campbelltown: Concrete Manufacturing and Storage Facility – EIS
• Campbelltown: Glass Recycling Facility, Minto – EIS
• Parramatta: Parramatta Scrap Metal Recycling – EIS
The following referrals have been listed within the last 7 days:
Draft Plan of Management
Ellerslie Nature Reserve
Razorback Nature Reserve
Draft Sydney Region Pest Management Strategy 2008-2011
Environmental Law Notices – Commonwealth
13. 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:
14. NCC Conference: Saving a Sunburnt Country – The challenges of species adaptation in a heating land
The Nature Conservation Council of NSW invites you to this ground-breaking conference ‘Saving a Sunburnt Country: the challenges of species adaptation in a heating land.'
Our unique biodiversity and ecosystems are under threat from climate change. The IPCC 2007 report predicts that approximately 20-30 percent 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 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.
Dates: Wednesday and Thursday, 12 and 13 November 2008
Venue: NSW Teacher's Federation Conference Centre Surry Hills, Sydney
15. Macquarie University Centre for Environmental Law Public Lecture Macquarie University's Centre for Environmental Law (MUCEL) is hosting a visit from Mr M.C. Mehta, a renowned environmental lawyer from India next week and would like to invite you to a free public lecture by Mr Mehta on ‘Citizen Activism, the Courts and Major Environmental Change.'
Mr Mehta is the founder of the M.C. Mehta Environmental Foundation located in the foothills of the Himalayas and is training a new generation of activist environmental lawyers. He has also received the prestigious environmental law Goldman Prize.
When: Thursday 23 October 2008, at 6.30 pm
Where: Zofrea/Whiteley rooms, level 3 of the Students at Macquarie union building (SAM Building) on Macquarie University campus, North Ryde
A reception with light refreshments will follow the presentation.
16. Environment Institute of Australia and New Zealand: The View From Inside the Tent The Environment Institute of Australia and New Zealand invite you to ‘The View From Inside the Tent: Former insider's view of government progress towards sustainability in the built environment.' This free initiative of the EIANZ (NSW Division) aims to bridge the gap between the experts within the profession and those that wish to learn and improve their practice.
The presenter will be Tony marker, former Director of Energy Efficiency at the Australian Greenhouse Office (AGO). Tony has 22 years experience in government on energy policy and sustainability issues. He will reflect on his time in government and cover the history of energy and sustainability policy development for the built environment in Australia over the past 20 years.
Time: 5.45pm for registration for a 6pm start
Date: Wednesday 19 November 2008
Venue: Clayton Utz, Level 34, No 1 O'Connell St Sydney
Cost: Free for EIANZ members, $25 for general admissions
For more information about EIANZ, or to become a member visit www.eianz.org
17. Young Lawyers Environmental Law Committee: Annual Trivia Night In conjunction with the National Environmental Law Association (NSW Division), the Committee's Trivia Night will be held in order to raise funds for Greening Australia.
Time: 6pm for a 6.30 start, concluding at 9pm
Date: Thursday 13 November 2008
Venue: Deacons, Level 18, Grosvenor Place, 225 George St, Sydney
Cost: $49 per head, $40 student concession, $450 for a corporate table of ten
Prizes will be available on the night, including vouchers from Herringbone, Pearsons, Brita Water and Cullen Wines.
Places are limited. To book a table, please send your cheques or money orders to the NSW Law Society c/o Christina Piazza, NSW Young Lawyers, Law Society Building, Level 6, 170 Phillip St, Sydney NSW 2000. For enquiries call (02) 9926 0268.
18. PIAC Human Rights Training for Community Legal Centres The Public Interest Advocacy Centre (PIAC), in partnership with the NSW Charter Group, has commenced a new human rights community education program tailored to the needs of specific groups. PIAC will continue to offer its one-day training course ‘Protecting Human Rights', which provides a general introduction about the source of human rights and gaps in Australian legislation.
The new project takes this generic information and focuses in on particular issues, for example, young people or homelessness. The session take between two or three hours, and in most cases can be offered free.
The next human rights training, in November, is targeted at community legal centres and PIAC and the NSW Charter Group would like to hear from workers in centres if they are interested in attending a half-day training session between 17 and 19 November.
PIAC also looks forward to the Federal Attorney-General making the promised announcement about a consultation on how to protect human rights in Australia. PIAC encourages members of the public to write to the Prime Minister expressing their support for an inquiry; that the inquiry commences this year; and, that the public inquiry period is long enough to allow for community members to become informed and participate in the inquiry through consultation meetings and making submissions.
If you would like any more information regarding the training sessions, please contact Brenda Bailey on (02) 8898 6522.
19. Walk Against Warming You're invited to take part in Australia's biggest day of action on climate change.
On November 15, join thousands of families, workplaces and communities in a walk for renewable energy and a safe climate future for our children. With vital decisions being made this year, we will Walk Against Warming to ensure the Australian Government supports strong, urgent action and justice for developing nations affected by global warming.
Walk Against Warming 2008 is fast approaching and it is critical that we show massive community support for urgent action to address climate change.
When: 11am, Saturday 15 November 2008
Where: Martin Place, Sydney
For more information on how you can be involved or on the regional walks outside of Sydney, visit www.WalkAgainstWarming.org
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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.
