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. Positions vacant: solicitors (one permanent; one locum)
2. EDO Northern Territory: Position vacancy
3. 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
4. EDO seeking Indigenous Cadet
Law and Policy Watch
5. EDO Policy Submissions
6. Legislative Reviews (the EPBC Act and natural resource management in NSW)
7. Federal Government’s CPRS White Paper released
8. ‘Polluter pays’ laws passed 10 December 2008
9. NSW Government releases first stage of NSW Housing Code
10. Cumberland Plain Woodland pushed closer to extinction by clearing plan
11. Aboriginal Land Management Framework: Public Consultation
12. South Australia bans plastic shopping bags
EDO in the Media
13. Byron Shire Echo: Court date set for Splendour challenge (16 December 2008)
14. Byron Shire Echo: Twelve months to save the world – no, really (16 December 2008)
Environmental Law Notices – New South Wales
15. Major Project Proposals – Invitation to Comment
16. State Conservation Notices – Invitation to Comment
Environmental Law Notices – Commonwealth
17. EPBC Referrals – Invitation to Comment
Community News
18. UNSW Centre for Energy and Environmental Markets Annual Conference: The CPRS White Paper & Global Context
19. Explore NSW National Parks with Discovery summer holiday activities
20. Wildlife Photographer of the Year 2008 exhibition
21. Star ratings now applicable to new televisions for purchase
22. Center for Biological Diversity (US) Files Suit Challenging Bush’s Attempts to Undermine the Endangered Species Act
23. Peats Ridge 2008: Sustainable Arts & Music Festival
EDO News and Events
1. 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.
2. 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.
3. 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.
To access the guide on-line, visit http://www.edo.org.au/edonsw/site/publications.php#campaign
4. 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.
For more information, contact Neva Collings on (02) 9262 6989, or visit https://www.nicp.dewr.gov.au/Student/VacancyDetails.aspx for further details.
Law and Policy Watch
5. Policy Submissions
• Solar Feed-in Tariff
The NSW Government recently announced its intention to introduce a Feed-in Tariff (FiT) scheme for small scale, grid connected, solar photovoltaic (PV) panels and establish a taskforce to determine an appropriate design for the FiT. A FiT provides payments for renewable electricity produced by small scale distributed sources like rooftop PV panels when their output is fed back into the electricity grid.
The Taskforce is currently considering scheme design options and is inviting public submissions to gather views on the options under consideration. The Taskforce is seeking submissions on key design elements including:
• What factors should be considered in setting a tariff rate?
• Should the tariff be set for gross (all energy generated from the PV system) or net (energy generated less energy used by household)?
• Should the tariff be based on a fixed rate or a variable rate consistent with time-of-use pricing for consumption?
• Should the tariff be paid to solar PV owners by the electricity distributor or the electricity retailer?
• How long should the Government maintain the FiT and should the rate be fixed for the entire life of the program or varied over time?
• What eligibility criteria should exist for the FiT?
The Taskforce is inviting submissions on the design of the NSW FiT scheme until 5pm on Monday 12 January 2009.
If you would like to make a submission please post submissions to:
NSW Solar Feed-in Tariff Taskforce
NSW Department of Water and Energy
GPO Box 3889
Sydney NSW 2001
• Australia’s future tax system – Consultation Paper
The Australian Government is currently conducting a review of Australia's tax system. The Australia’s Future Tax System Review Panel released a consultation paper on 11 December, providing the basis for further community input into 2009. This paper can be found here:
http://taxreview.treasury.gov.au/content/Content.aspx?doc=html/pubs_reports.htm
Section 13 of the consultation paper seeks submissions on tax transfer impacts on the environment, the ways that taxes can improve environmental amenity and how the tax system can detract from environmental outcomes. Submissions are due on Friday 1 May 2009.
6. 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.
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.
7. Federal Government’s CPRS White Paper released
Despite the recommendation from scientists that greenhouse gas emissions need to be reduced by 25 to 40 percent by 2020 to avoid catastrophic climate change, the Federal Government’s White Paper, outlining the final design of the Carbon Pollution Reduction Scheme (CPRS), has adopted a target reduction of only 5 to 15 percent of 2000 levels by 2020. This target is much lower than what was expected from Prime Minister Kevin Rudd, and conservation groups have expressed strong concerns regarding the urgent need to reduce Australia’s greenhouse gas emissions.
The White Paper was to consider submissions made by conservation groups and community members regarding the proposed emission cuts, and also to consider international movements regarding climate change. The EDO’s submission on the earlier Green Paper, made various recommendations regarding emissions targets. Notably the EDO submitted that “a 5-10 percent reduction by 2020 is seriously inadequate and inconsistent with the latest scientific projections”. Climate Action Network Australia (CANA) recommended that by 2020, emissions should be reduced by 40 percent of 1990 levels.
The EDO is disappointed with the target adopted by the Government and will continue to engage in policy work seeking to secure greater reductions in Australia’s greenhouse gas emissions and persuade the Government of the need for stronger action on the climate change front.
To view the White Paper, visit http://climatechange.gov.au/whitepaper/index.html
The EDO’s submission on the Green Paper can be found at http://www.edo.org.au/edonsw/site/policy.php#1
8. ‘Polluter pays’ laws passed 10 December 2008
New laws in the form of the Contaminated Land Management Amendment Bill 2008 have been passed in NSW. The laws seek to strengthen the ‘polluter pays’ principle so that those responsible for damaging the environment bear the cost of remediation. The amendments will give new powers to order an investigation and also streamline the process between the investigation and remediation stages of a contaminated site.
Other changes brought by the amendments include:
• Clarification that more than one individual may be responsible for contamination;
• Clarification that a person can be responsible for failure to prevent contamination;
• A clearer definition of what triggers are needed to report contamination;
• Allowing the Minister to enter offset programs through which the polluter can mitigate community impacts of contamination during remediation; and
• Allowing for conditions to be placed on voluntary agreements.
Minister for Climate Change and the Environment, Carmel Tebbutt, said the proposed new laws had been subject to extensive consultation.
9. NSW Government releases first stage of NSW Housing Code
As part of its on-going planning reforms, the NSW Government has announced the first stage of the NSW Housing Code. The code outlines how residential developments, including typical detached houses and house extensions, can be approved within ten days as complying development.
It also outlines how 41 types of minor developments around the home can proceed as exempt development without planning approval.
The aim of the code is for homeowners to achieve a faster approval for proposals that meet the code’s standards. The Government claims the code is designed to protect neighbours’ rights and privacy and take into account local character and varying lot sizes.
The code comes into effect on 27 February 2009. For more information visit http://www.planning.nsw.gov.au/planning_reforms/housing_code.asp
10. Cumberland Plain Woodland pushed closer to extinction by clearing plan
Penrith City Council has just approved the removal of 300 hectares of vegetation at the Australian Defence Industries Site (ADI Site) at St Marys, effectively threatening the survival of one of the largest fragments of Cumberland Plain Woodland. The status of the Cumberland Plain Woodland has recently been moved from ‘endangered’ to ‘critically endangered’ by the NSW Scientific Committee.
Human impact is claimed by the Nature Conservation Council to be biggest threat to the overall survival of the Woodland. Residents and conservation groups are urging Planning Minister Kristina Keneally to rezone the majority of the ADI Site for conservation and void the Planning Agreement entered into by Penrith City Council and developers Delfin Lend Lease.
For more information, contact Jane Garcia at the Nature Conservation Council on 0402 757 342.
11. Aboriginal Land Management Framework: Public Consultation
The NSW Government is seeking the Aboriginal community’s views on the community’s access and use of public lands, as well as how it can be involved in managing them. The Government is also interested in hearing what the community thinks about the services government agencies provide to Aboriginal landowners. The aim is to reach a common understanding between the Government and Aboriginal communities about the programs and initiatives that will help strengthen connections to Country.
The discussion paper, Towards an Aboriginal land management framework for NSW, has been prepared as a starting point for considering the issues relating to land management.
The Department of Environment and Climate Change invites Aboriginal people to attend a series of regional workshops that will be run across the state in February and March 2009. These will be advertised in local community media well in advance.
For more information on how you can contribute or for a copy of the discussion paper, please visit http://www.environment.nsw.gov.au/nswcultureheritage/almf.htm
12. South Australia bans plastic shopping bags
With the passing of the Plastic Shopping Bags (Waste Avoidance) Act 2008, South Australia is to ban retailers from supplying customers with lightweight plastic shopping bags in an effort to reduce littering, prevent environmental harm and improve resource efficiency. It will not, however, prevent retailers from providing customers with plastic bags that are biodegradable in accordance with the relevant Australian Standards.
The national consumption of plastic bags for 2007 was 3.93 billion, of which 40 million were estimated to have ended up as unsightly litter in parks and streets and on beaches and in waterways, where they can kill marine life.
The legislation was originally tabled as Commonwealth legislation, however following a six-year delay of discussions between States and Territories, South Australia has finally acted. It is hoped remaining States and Territories will follow suit.
EDO in the Media
13. Byron Shire Echo: Court date set for Splendour challenge (16 December 2008)
This article announces that a court date has been set for the hearing of the challenge to the consent issued by Byron Shire Council for the Splendour in the Grass festival at Yelgun. The EDO Northern Rivers Office is representing Conservation of North Ocean Shores (CONOS) in the proceedings against the Council.
For a full text of the article, visit http://www.echo.net.au/index.php?option=com_wrapper&Itemid=754
14. Byron Shire Echo: Twelve months to save the world – no, really (16 December 2008)
In this article, EDO Northern Rivers Education Officer Mark Byrne considers the extent of the threat posed by climate change and discusses the potential for climate change to render the planet unsuitable for human habitation.
For a full text of the article, visit http://www.echo.net.au/ and click on issue 2328 to access a pdf of the full paper. Mark’s article appears on page 18.
Law Notices – New South Wales
15. 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
16. 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
There are no new notices since the last eBulletin.
Environmental Law Notices – Commonwealth
17. 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:
New South Wales
BHP Billiton/Waste management (non-sewerage)/West side of Cormorant Road, Kooragang Island, Newcastle/NSW/Construction and Sequential Filling of Waste Emplacement Facility
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4652
Botanic Gardens Trust/Natural resources management/Sydney/NSW/Relocation of Grey-Headed Flying-Fox Colony
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4646
Victoria
Aitken Greens Pty Ltd/Commercial development/Melbourne/VIC/Extension of the Aitken Hill Conference and Events Venue, Yuroke
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4651
Queensland
Hancock Prospecting Pty Ltd/Mining/Near Alpha, Clermont and Mackay/QLD/Alpha Coal Project – Mine and Rail Development
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4648
Hancock Prospecting Pty Ltd/Energy generation and supply (non-renewable)/Abbott Point, north of Bowen, or Dudgeon, south of Mackay/QLD/Alpha Coal Project – Port Options Development
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4647
Tasmania
Mr David Ellison/Residential development/Wolstenholme Drive near Sorrell Township/TAS/18 Lot Residential Subdivision
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4643
Commonwealth land
Point Nepean Community Trust/Commercial development/Defence Rd, Portsea, VIC/Commonwealth land/Development of Pt Nepean Quarantine Station (former) National Centre for Coasts and Climate
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4653
Community News
18. UNSW Centre for Energy and Environmental Markets Annual Conference: The CPRS White Paper & Global Context
The University of NSW’s Centre for Energy and Environmental Markets (CEEM) invites you to their annual conference titled, ‘The CPRS White Paper & Global Context: What’s Proposed, What’s Changed, What’s Missing’. The conference aims to explore the evolving context for Australian energy and climate policy. Attendees will also have the opportunity to discuss the White Paper on the Carbon Pollution Reduction Scheme.
Date: Thursday 18 December 2008
For more information, contact Rob Passey on (02) 6688 4384 or visit http://www.ceem.unsw.edu.au/content/UpcomingEvents.cfm?ss=1
19. Explore NSW National Parks with Discovery summer holiday activities
The National Parks and Wildlife Service’s ‘Discovery’ program gives kids and adults the chance to experience and interact with the natural environment in national parks across NSW this summer. Activities include:
• bird watching tours in the Blue Mountains;
• rock art finds in Wollemi National Park;
• snorkelling safaris in the Sapphire Coast;
• starry night tours on the Hunter Coast;
• exploring eucalypt forests
• investigating the amazing world of insects
• learning about the tools, utensils and weapons used by the Awabakal people
To find out what tours are available in your area and dates and times, visit http://www.environment.nsw.gov.au/NationalParks/Tours.aspx
20. Wildlife Photographer of the Year 2008 exhibition
See some of the world’s most spectacular nature and wildlife at the Australian Museum. This photographic exhibition presents an extraordinary insight into the beauty, drama and diversity of the natural world with over 80 candid photos by talented amateur and professional photographers.
The exhibition is on between Saturday 13 December 2008 and Sunday 8 March 2009.
21. Star ratings now applicable to new televisions for purchase
Energy star ratings will now start to appear on televisions for sale on shop room floors to allow consumers to choose a more energy efficient appliance. Environment Minister Peter Garrett commented that “one in four Australians buys a new television each year and televisions are now the fourth largest user of electricity in our homes”. Mr Garrett also suggested that a preference for bigger screen TVs was contributing to the increasing amount of electricity used by households. The new rating allows consumers to make an energy and money-conscious choice when purchasing a television.
At the moment, star ratings are a voluntary labelling scheme.
For more information, visit http://www.environment.gov.au/minister/garrett/2008/index.html
22. Center for Biological Diversity (US) Files Suit Challenging Bush’s Attempts to Undermine the Endangered Species Act
The Center for Biological Diversity has acted swiftly to challenge US President, George Bush’s latest regulations, which have effectively ‘gutted’ the Endangered Species Act. Bush’s policies will exempt greenhouse gas emissions from coal-fired power plants, oil and gas drilling and other harmful developments from the operation of the Endangered Species Act. Bush has also exempted thousands of logging, mining and road and building development projects from Endangered Species Act review.
The polar bear and two Florida corals have just been listed as endangered species due to global warming, resulting from law suits brought by the Center. The Bush administration’s latest move would seriously limit the actions that can be taken by federal regulators and environmentalists to protect these and other endangered species.
For more information on the work of the Center, visit www.biologicaldiversity.org
23. 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.
Dates: 29th December – 1st January
For more information, visit http://www.peatsridgefestival.com.au/home.asp?pageid=88EF6B92B11C8AC7
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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.
