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 report from UNFCCC in Poznan
2. Positions vacant: Solicitors (one permanent; one locum)
3. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW
4. EDO seeking Indigenous Cadet
Law and Policy Watch
5. National Human Rights Consultation
6. EDO Policy Submissions
7. Legislative Reviews (the EPBC Act and natural resource management in NSW)
8. Gunns Ltd pulp mill refused approval by Federal Environment Minister
9. Proposed minor native title amendments
10. Federal Government announces funding for Working on Country' Projects
11. NSW Housing Code Information
12. Victorian Government faces legal action over alpine fires
13. Traditional owners win MacArthur River Mine case
EDO in the Media
Environmental Law Notices New South Wales
14. Major Project Proposals Invitation to Comment
15. State Conservation Notices Invitation to Comment
Environmental Law Notices Commonwealth
16. EPBC Referrals Invitation to Comment
Community News
17. City of Sydney orders environmental audit of New Years Eve event
18. PIAC Human Rights training
EDO News and Events
1. EDO Report from United Nations Framework Convention on Climate Change in Poznan The 14th Conference of Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC) in Poznan, Poland, was held from 1 12 December 2008. Two representatives from the Environmental Defender's Office, with CANA accreditation, attended the meeting. The conference drew over 9250 participants, comprising 4000 government officials, and 4250 representatives of UN bodies and agencies, intergovernmental organisations and non-governmental organisations (NGOs).
COP 14 is the half way point between Bali, at which a Roadmap to a post-2012 agreement was decided, and Copenhagen, at which the new agreement will be adopted.
Whilst there was some progress in Poznan, there were no significant breakthroughs, leaving only 12 months of negotiations before the deadline of December 2009 in Copenhagen, Denmark.
One of the biggest disappointments in Poznan was how delegates addressed the issue of REDD (reducing emissions from deforestation and forest degradation in developing countries). A decision on REDD has potential to provide funding for developing countries to preserve their tropical forests. The outcome of REDD negotiations removed reference to the Declaration on the Rights of Indigenous Peoples that was in the draft decision. This has created a potential loophole to exclude emissions that result from clearing for plantations. Poznan achieved little in ensuring the rights of Indigenous peoples over the forests they live in.
On a positive note, a number of developing countries announced significantly robust targets, and commitments to halt deforestation, sending a strong message to developed countries to act. The Chairs of the two UNFCCC working groups are authorized to move into negotiations at the next meeting to develop a legal text, which may quicken the pace of reaching a final agreement.
2. Positions vacant: Solicitors (one permanent; one locum) EDO NSW has 2 Solicitor positions available in our Sydney office, one of which is a locum position. Part-time work will be considered.
Selection Criteria
a NSW practicing certificate or eligibility for admission to legal practice in NSW and, preferably, two years post admission experience
understanding of, and experience with, NSW environmental law and policy
commitment to the protection of the environment and public participation in environmental decision-making
demonstrated ability to work productively and to deadlines
demonstrated ability to develop and maintain good relationships with clients and colleagues
excellent oral and written communication skills.
Salary $49,000 - $61,000 per annum depending on experience plus superannuation.
For further information contact Kirsty Ruddock on (02) 9262 6989.
Applications must address the selection criteria and be received by Friday 6 February 2009.
3. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW
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 for 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.
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.
5. National Human Rights Consultation
In December 2008, the Federal Government launched a national public consultation about the legal recognition and protection of human rights and responsibilities in Australia. The National Human Rights Consultation is an historic opportunity for individuals and communities throughout Australia to improve democracy and to have a say about the protection of fundamental values such as freedom, respect, and dignity.
The Human Rights Law Resource Centre has produced a comprehensive report to enable individuals and organisations to participate in the National Human Rights Consultation in an informed and evidence-based way. It is intended to provide important background information for those seeking to engage in the consultation.
ANEDO will be preparing a submission that seeks to highlight the need for greater protection of human rights focusing on those relating to the environment. For an example of this work, visit the EDO ACT's website at http://www.edo. org.au/edoact/ and access their 2005 submission on Human Rights legislation in the ACT'.
6. 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 .
7. 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:
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.
8. Gunns Ltd pulp mill refused approval by Federal Environment Minister
The pulp mill proposed by Gunns Ltd in Bell Bay Tasmania has been refused approval by Federal Minister for the Environment, Peter Garrett, until further studies into the marine impacts of the mill are carried out. The Minister claimed that the evidence before him was not thorough enough to urge him to grant approval. Approval of the pulp mill is, however, to be expected following further impact assessments. The mill is expected to pump 64,000 tonnes of treated effluent into the Bass Strait per day once operating.
In his announcement of the decision, Mr Garrett stated that: National environmental legislation requires that I take a precautionary approach to environmental protection.'
The Minister has also announced that under new conditions to be imposed on the mill, Gunns will be subject to criminal and civil sanctions under the Environment Protection and Biodiversity Conservation Act 1999 if the mill achieves federal approval and defined environmental limits are exceeded.
9. Proposed minor native title amendments
The Federal government has announced it will, in 2009, introduce amendments to the Native Title Act 1993 to give the Federal Court a central role in managing all native title claims. This decision is based on the ability of and success of the Federal Court in reaching negotiated native title agreements through the use of mediation, rather than litigation. The government is seeking suggestions as to how the operation of the native title system can be improved and invites submissions in response to a discussion paper, Proposed minor native title amendments', released in December 2008.
10. Federal Government announces further funding for Working on Country' Projects
As part of the Government's $2.25 billion Caring for Country program, eight remote Indigenous communities will receive $31.1 million over five years to conserve and protect Australia's natural assets. Areas to benefit include the arid Western Desert lands in Western Australia, communities in the Torres Strait and bushland and granite country in Guyra, NSW.
Announcing the grants, Minister for the Environment, Heritage and the Arts, Peter Garrett, said that the projects would provide ongoing jobs and training for over 80 Indigenous rangers and builds on the 130 Indigenous ranger positions already created under the Caring for Country program.
11. NSW Housing Code Information The NSW Department of Planning's new Housing Code comes into effect on 27 February 2009. The Code aims for faster home approvals for those proposals in compliance with the Code. Several new fact sheets as well as video presentations from speakers at the launch of the code on 12 December 2008 have now been made available on-line on the Department's website at http://www.planning .nsw.gov. au/planning_ reforms/housing_ code.asp
12. Victorian Government faces legal action over alpine fires
The Victorian government is facing legal action from landowners, farmers and small businesses over severe alpine fires six years ago. Those suffering loss as a result of the fires have made claims against the government, Department of Sustainability and Environment and Parks Victoria for negligence in failing to properly maintain Crown lands and of allowing fires to escape onto private property.
The fires took place in January 2003, when lightning strikes sparked 80 fires across national park and state forests in north-east Victoria. The case is preliminary stages at present.
13. Traditional owners win Macarthur River Mine case In a decision handed down on 17 December 2008, the Federal Court has found in favour of traditional land owners at Borroloola Northern Territory, affirming that the former Environment Minister Ian Campbell had not followed correct procedures in his approval of a zinc mine extension by company Xstrata.
The expansion of the zinc mine sought to divert the MacArthur River, with serious implications for the health of the River, and for the enjoyment of the land by traditional owners. No process for consultation with traditional owners had been established following the proposal for the mine's expansion. The decision has the potential to lead to greater involvement of Indigenous communities in development decisions affecting their lands.
There were no media items regarding the EDO and its work this week.
Law Notices New South Wales
14. 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
Leichardt: Relocation of Building for New Administration and Operations Base
Draft Radiation Control Amendment (Sun-tanning Units) Regulation 2008 Kosciuszko National Park proposed naming of roads in resort areas
Environmental Law Notices Commonwealth
16. 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:
17. City of Sydney orders environmental audit of New Years Eve event For the first time, City of Sydney Council ordered that an environmental audit of the New Years Eve celebrations in Sydney be conducted, to ensure future New Years events are carbon neutral.
The Carbon Reduction Institute was contracted by the City to conduct the review, to measure all emission sources that the City of Sydney can control through policy, technology choice or direct authority.
Emission sources included:
Fuels combusted during the event
Fireworks combusted during the event
Consumption of electricity incurred in running the event
Third-party contractor services consumed by City of Sydney in the delivery of the event
Materials consumed by City of Sydney in the delivery of the event
Vendor travel
Waste created during the event and by City of Sydney in the lead up to the event
For more information, visit http://www.cityofsy dney.nsw. gov.au/nye/ AboutNye/ MakeyourResoluti onGreen.asp
18. PIAC Human Rights training
The Public Interest Advocacy Centre is again conducting training days in February and March on Human Rights, with a focus on the Australian context for the upcoming Federal government public consultation. The one-day workshop will help anyone who is interested in understanding and speaking out about human rights. It covers the principles underpinning human rights, international human rights systems, gaps in protection in Australia, models of protection and the debate for and against protection in Australia.
Sydney (CBD): 2 February and 27 March 2009
Newcastle: 19 March 2009
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.
