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. Court upholds public nature interest of proceedings: Minister for Planning v Walker (No.2) [2008] NSWCA 334 2. Court rejects Anderson appeal: Anderson v Director General of the Department of Environment and Climate Change & Anor [2008] NSWCA 337 3. Launch of proceedings in Nambucca Valley Conservation Association Inc v Nambucca Shire Council & Anor 4. Positions vacant: solicitors (one permanent; one locum)
5. EDO Northern Territory: Position vacancy
6. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW AND Campaigning and the Law in New South Wales now on-line
7. EDO seeking Indigenous Cadet
Law and Policy Watch
8. EDO Policy Submissions
9. Legislative Reviews (the EPBC Act and natural resource management in NSW)
10. Carbon Pollution Reduction Scheme: White Paper to be released on 15 December 2008
11. Brush-tailed rabbit-rat listed as threatened species
12. New members appointed to the Australian Heritage Council
EDO in the Media
13. Sydney Morning Herald's The Sydney Magazine' Special Issue: the (top 100) 2008 Sydney's most influential people
14. Sydney Morning Herald : Wong defending climate change position
15. The Northern Star : Kyogle rallies around new race
16. Northern Rivers Echo : Clearing a way for koalas?
17. Northern Rivers Echo : Koala Plan fails to impress
Environmental Law Notices New South Wales
18. Major Project Proposals Invitation to Comment
19. State Conservation Notices Invitation to Comment
Environmental Law Notices Commonwealth
20. EPBC Referrals Invitation to Comment
Community News
21. Polar Regions: Impacts of Climate Change seminar
22. Gunns ordered to pay $91,000 in legal fees to environmentalists
23. Center for Biological Diversity (US) files lawsuit to protect Pacific walrus under Endangered Species Act
24. Peats Ridge 2008: Sustainable Arts & Music Festival
25. Legalwise seminars: The 4th Annual Water Symposium
EDO News and Events
1. Court upholds public nature interest of proceedings: Minister for Planning v Walker (No.2) [2008] NSWCA 334
This was a judgment on the costs of these proceedings. The Court of Appeal ordered that each party pay their own costs of both the Court of Appeal and Land and Environment Court proceedings. This represents a departure from the usual order as to costs, being that the unsuccessful party pay the costs of the successful party. The Court found that the proceedings brought by the Wallker, although ultimately unsuccessful, were properly characterised as public interest litigation'. The Court further stated that additional 'special circumstances' were required to warrant the Court departing from the usual order as to costs. The special circumstances in this case were:
the case raised a novel question of law
both the Land and Environment Court in the first instance, and the Court of Appeal found the Minister did not take into account the principles of ecologically sustainable development (ESD), which is contrary to good decision-making
2. Court rejects Anderson appeal: Anderson v Director General of the Department of Environment and Climate Change & Anor [2008] NSWCA 337 On 4 December 2008, the Court of Appeal handed down its decision in Anderson v Director General of the Department of Environment and Climate Change & Anor [2008] NSWCA 337. The Court of Appeal confirmed Justice Lloyd's earlier decision in the Land and Environment Court, and rejected the appeal.
The EDO acted for Aboriginal elders Douglas and Susan Anderson, challenging the validity of a consent issued by the Director General of the Department of Environment and Climate Change to destroy, deface or damage Aboriginal objects pursuant to section 90 of the National Parks and Wildlife Act 1974 (NPW Act) at the site of a proposed residential subdivision at Angels Beach, Ballina.
In the Court of Appeal, the Andersons argued that in making the decision to grant the section 90 consent, the Director General had failed to adequately take inter-generational equity into account. Specifically, this meant that the Director General failed to consider the significance of the objects remaining undisturbed on the site to the traditional custodians of the land (including future generations) and the in the context of the traditions, customs and observances of those custodians. The Andersons submitted that this was a relevant consideration in applying the principles of ecologically sustainable development to the section 90 consent application, in accordance with the NPW Act. In rejecting the Andersons' argument, the Court of Appeal determined that the particular facts of the case could not support this conclusion, because the Director General had considered matters of inter-generational equity to the required degree.
The EDO is disappointed with the Court of Appeal's decision, and will continue to work on the reform of NSW's laws relating to Aboriginal cultural heritage, to ensure that Aboriginal elders and communities are able to protect their traditions, customs and observances for the benefit of future generations.
3. Launch of proceedings in Nambucca Valley Conservation Association Inc v Nambucca Shire Council & Anor The Nambucca Valley Conservation Association Inc (NVCA) has commenced proceedings in the Land and Environment Court challenging the decision of Nambucca Shire Council to allow a rural residential development to proceed in core koala habitat. In its 26 years as a community association, this is the first time that the NVCA has decided to initiate legal proceedings.
The NVCA's concerns include the incremental loss of koala habitat and the impact on koala corridors' as a result of the proposed development; the refusal of Council to carry out the necessary public exhibition of the amended proposal; and the timing and manner in which the Council made its decision. The EDO Northern Rivers is acting for the NVCA and further developments are unlikely before February 2009.
4. Positions vacant: solicitors (one permanent; one locum)
The EDO recently farewelled two long-serving solicitors, Jacquie Svenson and Josie Walker. After recently becoming engaged, Jacquie will be moving to Newcastle to start a career as a Clinical Teacher at the University of Newcastle. Josie will be heading West to become Principal Solicitor at the EDO in Western Australia. The EDO would like to thank them both for the enormous contribution they have made to the Office and wish them all the best.
The EDO, a community legal centre specialising in public interest environmental law, is thus seeking solicitors for its Sydney office. The successful applicants will have at least two years post admission experience under a NSW practising certificate; understanding of and experience with NSW environmental law and policy; and a commitment to the protection of the environment and public participation in environmental decision-making. Part-time work will be considered.
Salary $49,000 - $61,000 per annum depending on experience plus superannuation.
Applications close 30 January 2009.
5. EDO Northern Territory: Position vacancy The Environmental Defender's Office (Northern Territory) is a community legal centre providing legal services associated with environmental protection in the Northern Territory.
The EDO NT is currently seeking a Principal Solicitor. This role will encompass the following responsibilities, subject to Management Committee decisions on service availability and having regard to the EDO's Strategic and Annual Plans:
Providing legal services to the public on environmental law matters
Providing public education, including preparation of publications on environmental law issues and conduct of seminars in the Northern Territory
Carrying out research and promoting law reform in environmental law and policy
Overseeing the EDO budget and trust account
Overseeing and, to the extent necessary, undertaking the administration of the EDO and ensuring compliance with the EDO's obligations to the Commonwealth, NT Government, Australian Tax Office, Law Society and Registrar of Associations
Liaising with environmental and other community based organisations in the Territory
Participating in the national EDO network
Providing reports to the Management Committee
Facilitating applications for funding and ensuring acquittal of grants
Other duties as requested from time to time
Selection Criteria
Essential
1. Eligibility for unrestricted practising certificate under the Legal Profession Act.
2. Demonstrated ability to research and provide high level legal advice.
3. Professional interest in environmental law and policy.
4. Ability to work in a largely autonomous position.
5. Computer literacy and willingness to undertake necessary administrative work.
6. Good oral and written communication skills.
Highly Desirable 1. Good knowledge of environmental and administrative law.
2. Experience in conduct of civil litigation.
3. Experience in the provision of public education programs.
4. Experience in working with relevant public and non-profit organisations.
Conditions Based in Darwin
Salary package negotiable up to $73,000 per annum, incl. super
6 weeks annual leave and flexible working hours
Due to the nature of the service, only limited administrative support is available
A 3 year contract position, with a four month probationary period will be offered
Applications should address the selection criteria and include the names and contact details of two referees. Send applications to The Solicitor, Environmental Defenders Office, GPO Box 3180 Darwin NT.
For further information contact the solicitor on (08) 8982 1182
The EDO is an equal opportunity employer and a smoke free workplace.
6. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW AND Campaigning and the Law in New South Wales now on-line The new edition of the Rural Landholder's Guide to Environmental Law in NSW, a publication last produced by the EDO in 2006, is now available FREE including postage and handling. The guide is a valuable tool in understanding the law in NSW regarding land management and explains legislation dealing with issues such as vegetation management, protected species, fire management, water management, construction and development, pollution, agricultural chemicals, crops and stock, mining and quarrying, heritage protection, conservation on private land and trading and offsetting agreements.
To obtain your FREE copy of the guide please call (02) 9262 6989. Boxes of 160 are also available on request for groups or organisations.
The EDO would also like to announce that Campaigning and the Law in New South Wales: A guide to your rights and responsibilities' has now been made available on-line on our website. This plain English guide is an essential companion for those interested in learning about their legal rights to protest, and how to make informed decisions when participating in protest and campaign actions. Limited hard copies are available FREE on request.
7. EDO seeking Indigenous Cadet
EDO NSW is currently seeking an Indigenous Cadet to assist the work of the EDO's Indigenous Solicitor. The cadet will be a law student looking for part time work for two days per week. The type of work to be undertaken will include environmental policy work and research for litigation. This is a paid position, open to Indigenous applicants only.
Inquiry into the NSW Planning Framework
The EDO is 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. Submissions are due on 13 February 2009 . For more information see:
The Department of Environment and Climate Change and the Department of Primary Industries have released a discussion paper on a new biodiversity strategy for NSW. The Discussion Paper covers a wide range of issues associated with terrestrial, aquatic and marine biodiversity. Submissions are invited until 13 February 2009 .
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
9. Legislative Reviews
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:
Submissions are due on 19 December, 2008. The Australian Network of Environmental Defender's Offices (ANEDO) will be preparing a response to the review and have an extension until 30 January 2009 for this submission. 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:
If you have any particular EPBC Act case studies, or want to raise your general concerns with us regarding the review, please contact Robert Ghanem on 02 9262 6989.
Natural resource management in NSW 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:
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.
10. Carbon Pollution Reduction Scheme: White Paper to be released on 15 December 2008 The Federal Government's White Paper, outlining the final design of the Carbon Pollution Reduction Scheme will be released on 15 December 2008 . The scheme proposed by the paper will stipulate the medium term target range for reducing carbon pollution and has been promoted as providing businesses with certainty in the face of climate change. The government has confirmed that international developments in reducing carbon pollution have been taken into account in the Australian approach.
11. Brush-tailed rabbit-rat listed as threatened species Environment Minister Peter Garrett has announced the addition of the brush-tailed rabbit-rat (Cornilurus penicillatus) to the list of threatened species under national environmental legislation. The small native rodent, which has suffered substantial population decline due to a range of threats, including feral cats, will be listed as vulnerable under the Environment Protection and Biodiversity Conservation Act 1999.
12. New members appointed to the Australian Heritage Council Three new members have been appointed to the Australian Heritage Council by the Minister for the Environment. Dr Jackie Huggins is an Indigenous author and honorary Doctor of the University of Queensland; Adjunct Professor Sharon Sullivan has expertise in archaeology and cultural heritage management, and; Professor Peter Valentine is a researcher and lecturer in Environmental Science.
The Australian Heritage Council is the principal adviser to the Australian Government on heritage matters and assesses nominations for the National Heritage List and the Commonwealth Heritage List.
13. Sydney Morning Herald's The Sydney Magazine' Special Issue: the (top 100) 2008 Sydney's most influential people (Issue 69, January 09)
EDO Director Jeff Smith appears on page 86 of this special edition magazine as one of Sydney's most influential people. Jeff is listed under the category of Science and Knowledge Environment. The EDO, likened to an SAS platoon, is described as being home to a crack team of some of the best environmental lawyers in the country.' In the media item, Jeff draws attention to the need for the law to better address climate change as a major environmental concern.
14. Sydney Morning Herald : Wong defending climate change position (10 December 2008) This article reports on the UN climate talks currently underway in Poznan, Poland and the stance taken by the Australian Government in these negotiations. The Government has been accused of dragging the chain' in Poland, by refusing to cut greenhouse gas emissions to levels demanded by developing nations. Members of the EDO are currently in Poznan, attending the talks as part of CANA (Climate Action Network Australia).
15. The Northern Star : Kyogle rallies around new race (2 December 2008) This article describes the reactions of local Kyogle residents to the new World Rally Championships race to be held in the area next year. Residents to be affected by the race met for a community meeting last week to make objections to and comments on the race. If it gains Council approval, the rally will be held in Kyogle and Tweed Shires in September 2009.
16. Northern Rivers Echo : Clearing a way for koalas? (4 December 2008) In this regular column, EDO Northern Rivers Education Officer, Mark Byrne, looks at the application of the $1.2 million Koala Recovery Plan announced recently by NSW Environment Minister Carmel Tebbutt to the Northern Rivers area.
17. Northern Rivers Echo : Koala Plan fails to impress (4 December 2008) On the same issue, this article discusses the response of the local community, particularly the Friends of the Koala environment group to the Recovery Plan. The article also refers to the biodiversity workshop hosted by the Environmental Defender's Office Northern Rivers in Lismore on Thursday evening.
18. 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
Tweed Heads: Modification Mixed-Use Development, Bay and Thomson Streets
There are no new notices since the last eBulletin.
Environmental Law Notices Commonwealth
20. 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.environm ent.gov.au/ cgi-bin/epbc/ epbc_ap.pl
The following referrals have been listed within the last 7 days:
21. Polar Regions: Impacts of Climate Change seminar The Australian Meteorological and Oceanographic Society invites you to this FREE public seminar addressing the impacts of climate change on the world's polar regions. Guest speaker Associate Professor Sharon Robinson will focus on impacts to the polar ecosystem, considering how plants and animals in the regions will cope with changes such as increased UV radiation and wind speeds and changing temperatures. Associate Professor Ian Goodwin will address the issue of impacts on the Antarctic Ice Sheet and the oceans.
Time: 7-9pm
Date: Thursday 11 December 2008
Venue: The Sci-Tech Library, Level 1, Jane Foss Russell Building, Sydney University, 160 City Road
For more information, visit www.amos.org. au/sydney Light refreshments will be served during a short break in the evening.
22. Gunns ordered to pay $91,000 in legal fees to environmentalists Tasmanian logging company Gunns has been ordered to pay $91,000 in legal fees to environmentalists, including Greens leader Bob Brown, former Tasmanian Greens leader Peg Putt and author Helen Gee. These parties were targeted by Gunns in an action for $6.9 million in damages relating to anti-logging campaigns. The Supreme Court has ordered Gunns to pay legal fees in these three cases, whilst proceedings against remaining environmentalists continue.
23. Center for Biological Diversity (US) files lawsuit to protect Pacific walrus under Endangered Species Act The Center for Biological Diversity has initiated proceedings against the US Fish and Wildlife Service and Secretary of the Interior, Dirk Kempthorne, for failing to act on an Endangered Species Act listing petition for the Pacific walrus. The walrus is one of several marine mammals under threat from global warming and increasing oil development in its habitat in the Bering and Chukchi seas off Alaska.
The existence of the walrus is intimately linked with the presence of sea ice and the species relies upon the ice floes for nursing their calves and as a platform from which to feed. These ice platforms are rapidly decreasing and forcing the walrus into a land-based, herd-dwelling existence.
At the same time, sea ice platforms are being auctioned off to oil companies to extract more fossil fuels that will further accelerate global warming and the melting of the Arctic. Oil and gas development, shipping, and greenhouse gas emissions affecting the Arctic would be subject to greater regulation under the Endangered Species Act if the Pacific walrus is listed. Listing of the walrus would not affect subsistence harvest of the species by Alaskan natives, as they are exempted from the law's prohibitions.
24. Peats Ridge 2008: Sustainable Arts & Music Festival Peats Ridge is the first major event in Australia to run completely on renewable energy and the winner of the NSW Government's 2008 Green Globe Award for being the leader in environmental sustainability across all industries in NSW.
The Peats Ridge sustainable festival offers a diverse array of music, art and performance and provides valuable information to all participants on how to live more sustainably.
25. Legalwise seminars: The 4th 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
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.
