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Environmental Defender's Office
New South Wales (Ltd)
Weekly Bulletin

EDO NSW Bulletin #589
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[Subscribe to the weekly email bulletin]

EDO NSW BULLETIN 6 November 2008: No. 586

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 Seeking Legal Volunteers Over Summer
2. EDO Workshop- Griffith,
3. Northern Rivers Community Forum: Protecting Biodiversity in Lismore Shire
4. Northern Rivers Seminars: Brainfood in Byron – Human Rights and the Environment

Law and Policy Watch

5. EDO Policy Submissions
6. Upcoming Legislative Reviews
7. Implementation of Planning Reforms
8. ACT Enacts Anti-SLAPP Legislation

EDO in the Media

9. Northern Rivers Echo: Water Rights Subject of EDO Talk (28 October 2008)

Environmental Law Notices – New South Wales

10. Major Project Proposals – Invitation to Comment
11. State Conservation Notices – Invitation to Comment

Environmental Law Notices – Commonwealth

12. EPBC Referrals – Invitation to Comment

Community News

13. An Afternoon of Pacific Music and Dance
14. Walk Against Warming 2008
15. NSW Heritage Grants Program
16. Legalwise seminars: The 4 th Annual Water Symposium
17. CEDA Event: NSW Government climate change initiatives and energy efficiency strategy
18. NCC Conference: Saving a Sunburnt Country
19. Environment Institute of Australia and New Zealand : The View From Inside the Tent


EDO News and Events

1. EDO Seeking Legal Volunteers Over Summer

The EDO is a community legal centre specialising in public interest environmental law. If you are interested in assisting the work of the EDO by supporting the delivery of advice and case work to the NSW community please contact Jemilah Hallinan on 02 9262 6989. All volunteers should have studied Environmental Law at university level and be able to commit to one day per week for three months.

2. EDO Workshop- Griffith, Land and Water Law: A workshop for NSW landholders

The Environmental Defender's Office, in partnership with Baker & McKenzie, invites you to this FREE workshop for NSW landholders. Issues to be covered include water trading and buy-back schemes, climate change and water management, an update on the status of water laws such as the Commonwealth Water Act 2007 , and an overview of some of the key laws relevant to rural landholders, including vegetation and bushfire management, agricultural chemicals, pests and weeds, biobanking and voluntary conservation.

Date: Friday 14 November 2008

Time: 9.30am til 4.30pm

Venue: Burley Griffin Room, Griffith Regional Theatre, Neville Pl , Griffith

A light lunch and refreshments will be provided. For more information or to RSVP, please contact the EDO on (02) 9262 6989.

3. Northern Rivers Community Forum: Protecting Biodiversity in Lismore Shire

The Northern Rivers is one of the world's most bio-diverse regions. Some plants and animals are protected in national parks and other reserves, but many are not. Any new development or change in land use is likely to impact on biodiversity.

Lismore Council has prepared a draft Local Environmental Plan (LEP) which will chart the future of development and environmental protection in the shire. In response to community concerns, the EDO is organising a community forum to discuss how biodiversity can best be protected in the new LEP.

The forum will consist of short talks by EDO lawyers followed by open discussion. The aim is to recommend the inclusion in the LEP of best practice biodiversity protections with local community input.

Time: 6 pm til 8.30 pm

Date: Thursday 4 December 2008

Venue: Red Dove Auditorium, cnr Keen and Woodlark Streets, Lismore

Refreshments provided. Entry by gold coin donation to cover costs. For more information and to RSVP, contact Mark Byrne on 6622 8470.

4. 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.

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

5. EDO Policy Submissions

Submission to the United Nations Human Rights Council

The EDO has completed a joint submission with FAIRA (Foundation for Aboriginal and Islander Research Action) to the United Nations Human Rights

Council which focuses on the impacts of climate change on Indigenous communities living in Australia . It is now available on the EDO website:

http://www.edo.org.au/edonsw/site/pdf/subs08/081029humanrights_&cc.pdf

Submission to the Senate Inquiry into the Water Amendment Bill 2008

The Australian Network of Environmental Defender's Offices (ANEDO) is preparing a submission to the Senate inquiry into the Water Amendment Bill 2008. The Bill amends the Water Act 2007 to make changes to the cooperative water planning, management and regulatory regime in the Murray Darling Basin . In particular, the Bill reflects an agreement by the relevant States and the ACT to refer constitutional powers to the Commonwealth.  The closing date for submissions is 7 November 2008.  Further information is found here:

http://www.aph.gov.au/senate/committee/rrat_ctte/water_amendment/info.htm

Submission to the NSW Legislative Council inquiry in the NSW planning framework

The EDO is also 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:

http://www.parliament.nsw.gov.au/prod/parlment/committee.nsf/0/530183A60404CEC9CA25747500005550

6. Upcoming Legislative Reviews

Review of the EPBC Act

The Commonwealth Government has announced an independent review of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) . The review will examine, among other things, the extent to which the Act has achieved its objectives, and the workability of the legislation.  The Discussion Paper for the review can be viewed here:

http://www.environment.gov.au/epbc/review/index.html

Submissions are due on December 19, 2008 .  The Australian Network of Environmental Defender's Offices (ANEDO) will be preparing a response to the review.  ANEDO recently made a submission to the Senate Inquiry into the EPBC Act.  The submission covers much of the same ground as the current review and can be viewed here:

http://www.aph.gov.au/Senate/committee/eca_ctte/epbc_act/submissions/sub90_revised.pdf

If you have any particular EPBC Act case studies, or want to raise your general concerns with us, please contact Robert Ghanem.  

Other 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. Implementation of Planning Reforms

New rules and penalties for accredited certifiers and unauthorised building works are now in place – one of the first elements of the mid-year planning reform legislation to be implemented.

In addition, consent authorities can now be reimbursed for applications amended in court and councils have been granted stronger powers to demand information when checking unauthorised works.

For more information visit the Department of Planning website at:

http://www.planning.nsw.gov.au/

8. ACT Enacts Anti-SLAPP Legislation

The ACT has passed Australia 's first anti-SLAPP legislation. SLAPP suits or ‘strategic litigation against public participation' are civil proceedings that are commenced against individuals and community groups to quash public participation and silence dissent to controversial proposals. The Act is intended to discourage such proceedings.

The Protection of Public Participation Act 2008 (ACT) is available here:

http://www.legislation.act.gov.au/a/2008-48/default.asp

 

EDO in the Media

9. Northern Rivers Echo: Water Rights Subject of EDO Talk (28 October 2008)

This article reports the views of Ms Ilona Millar on the subject of water rights. Ilona is a Senior Associate at Baker and McKenzie and was invited to participate in Brainfood in Byron, a series of seminars organised by EDO Northern Rivers.

With regards to human rights and water, Ilona was quoted as saying, “Without a right to water, what happens, say, if the State or country next door decides it needs a new dam, and your community is left high and dry?”

The full article can be accessed here:

http://www.echo.net.au/index.php?option=com_content&task=view&id=1199&Itemid=538

 

Law Notices – New South Wales

10. 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

There are no new listings since the last eBulletin

11. 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 Brigalow and Nandewar Community Conservation Area Agreement

Draft Sydney Region Pest Management Strategy 2008-2011

Ellerslie Nature Reserve- Draft Plan of Management

Razorback Nature Reserve- Draft Plan of Management

Manobalai Nature Reserve- Draft Plan of Management

 

Environmental Law Notices – Commonwealth 

12. 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:

South Australia

Murtho Salt Inception Scheme- Renmark

By SA Water Corporation

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4564

New South Wales

Relocation of Grey-Headed Flying Fox

By Botanic Gardens Trust

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4568

Freeway North Business Park Sub-division and Industrial Development- Lot 23, 14 and E Weakleys Drive , Beresfield

By Hunter Land Holdings Pty Ltd

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4569

Victoria

East Main Street Redevelopment- Greensborough Town Centre

By Banyule City Council

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4572

Stony Creek Bridge Replacement- Natimuk-Hamilton Road, 5km north west of Cavendish, Southern Grampians Shire

By VicRoads

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4567

Western Australia

Acheron Non-Exclusive 2D Seismic Survey- Offshore Carnarvon

By Gardline Marine Sciences Pty Ltd

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4565

Queensland

Extension of Existing Coal Mining Operation - Nobby Smith Way , via Nanango

By TEC Coal Pty Ltd

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4571

Development of Irrigation Infrastructure and Translocation of Four Wedge-leaf Tuckeroo Trees - McGill's Road, Bundaberg East

By Bundaberg Sugar Limited

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4566

North Goonyella Coal Co-disposal Facility - Suttor Development rd, 36km SW of Glenden, Bowen Basin

By North Goonyella Coal Mines Pty Ltd

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4570

 

Community News

13. An Afternoon of Pacific Music and Dance

The Pacific Calling Partnership is hosting an afternoon of Pacific music and dance to raise awareness of the plight of Australia 's low-lying neighbours being affected by climate change. The afternoon will involve musicians Louise Robards and Mark Raue singing songs from a new CD ‘Turn Down the Heat', Pacific Island dancers and a DVD presentation: ‘Kiribati and Global Warming a Message for the World'

Time: from 2 pm

Date: 9 November, 2008

Venue: Summer Hill Catholic Church Hall, Drynan St Summer Hill
 
14. Walk Against Warming

Walk Against Warming 2008 comes at a critical point, when governments around the world are deciding how they will respond to the climate crisis.
In Australia, the Walk falls right when Federal Cabinet are deciding on Australia's emissions target for 2020 and just before the crucial international climate talks in Poland. The community's voice has never been more important to demand strong, urgent action from our government and justice for developing nations affected by global warming.

Time: from 11 am

Date: Saturday 15 November 2008

Venue: commencing at Martin Place

15. NSW Heritage Grants Program

Owners and managers of State significant heritage items and Aboriginal heritage in NSW are invited to apply for funding up to $75,000 in the latest round of NSW Government heritage grants. Applications close 28 November 2008.

For more information, visit http://www.heritage.nsw.gov.au/02_subnav_01.htm

16. Legalwise seminars: The 4 th Annual Water Symposium

The water industry has never been under more pressure – climate change, ageing infrastructure and over-allocated water are all impacting on the security of our water. Join Australia 's most prominent water industry leaders and government policy shapers at this forward thinking forum to discuss how we are going to overcome these challenges.

Topics to be addressed include:

•  Sustainable water management

•  Water reform – what needs attention next?

•  The Murray-Darling Basin Plan

•  The future of irrigation, agriculture and food and

•  A tradeable water market

Date: Friday 20 February 2009

Venue: L'Aqua, Terrace Level, Cockle Bay Wharf , Darling Harbour , Sydney

For more information and to register, visit www.legalwiseseminars.com.au or call (02) 9387 8133.

17. CEDA Event: NSW Government climate change initiatives and energy efficiency strategy

With Federal Government plans to introduce a far-reaching carbon-trading scheme in 2010 that will finally put a price on greenhouse gas pollution from energy use, consumers will be hard hit. Unless householders and business start using energy more efficiently, electricity bills will significantly increase.

The Cost of Carbon, an ongoing event series by CEDA, serves as a platform to promote leadership thinking and discussion on climate change. At this event, CEDA is hosing Deputy Premier of NSW, Minister for Climate Change and the Environment and Minister for Commerce, The Hon Carmel Tebbutt, who has taken on the challenge of reducing NSWs' dependency on energy. She will discuss government initiatives and strategies to reduce the government's energy use and take the ‘moral leadership' on the issue.

Time: 12pm – 2pm

Date: Thursday 20 November 2008

Venue: Hilton Hotel Sydney , 488 George St , Sydney NSW 2000

Cost: CEDA member $143, non-member $199.10 (inc. GST) Corporate tables of ten available.

For more information contact Simone MacKenzie on (02) 9779 9746.

18. 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

See the website http://www.nccnsw.org.au/sunburntcountry for more information and to register.

19. Environment Institute of Australia and New Zealand : The View From Inside the Tent

The Environment Institute of Australia and New Zealand invites 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 the seminar and to RSVP, please contact EIANZ at www.eianz.org. RSVPs must be received by 14 November.

For more information about EIANZ, or to become a member visit www.eianz.org

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 23 December, 2008
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