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 Workshop: Coastal Development and Advocacy, Wollongong NSW
2. EDO Seminar: Reporting Back on the Climate Summit
3. EDO Workshop: Coastal Development and Advocacy, Ourimbah NSW
4. Request for translators
5. Private Conservation workshop (EDO Northern Rivers)
6. Rural Landholders Workshop: Albury Wodonga NSW
7. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW
Law and Policy Watch
8. McArthur River Mine expansion approved
9. Aldous v Greater Taree City Council [2009] NSWLEC 17
10. Report on whistleblower protection laws
11. Dates announced for public consultation: Aboriginal Land Management Framework Discussion Paper
12. Statutory review of the National Parks and Wildlife Regulation 2002
13. National Human Rights Consultation
14. Policy Submissions
15. Legislative Reviews
EDO in the Media
16. Manly Daily : Councillors want towers files access (18 February 2009)
17. Sydney Morning Herald : Cute, endangered and legal to shoot (20 February 2009)
Environmental Law Notices New South Wales
18. Major Project Proposals Invitation to Comment
19. State Conservation Notices Invitation to Comment
20. Department of Lands Public Exhibition
Environmental Law Notices Commonwealth
21. EPBC Referrals Invitation to Comment
Community News
22. Sydney Trade Unionists Climate Action Network
23. Protecting Human Rights workshop in Newcastle and Sydney
24. The Statute of Liberty: How Australians can take back their rights
25. Conservation Council ACT Position Vacancy: Environmental campaigner
26. EcoForum Conference and Exhibition 2009
27. Australia's Climate Movement in 2009: The Turning Point, 11-12 March 2009, Melbourne Town Hall
28. Applications Available for 2009 UNU-IAS Fellowship Programme
29. Greenpeace Public Forums: GM Crops the benefits and risks
EDO News and Events
1. FREE EDO Workshop: Coastal Development and Advocacy The EDO, at the request of the Illawarra Greens, will be presenting a workshop on coastal development and advocacy in Wollongong. The workshop will focus on the key elements of the planning system relevant to coastal development, including regional plans and local environmental plans and outline strategies for effectively engaging in the decision-making process.
Date: Saturday 4 April 2009 Time: 10am-2pm, lunch will be provided Venue: Illawarra Aboriginal Cultural Corporation Centre, PO Box 5457 Wollongong 2560 RSVP: Please call (02) 9262 6989 to register or for more information.
2. FREE EDO Seminar: Reporting Back on the Climate Action Summit From 31st January - 3rd February 2009, community climate action groups from across Australia came together in Canberra to discuss ways to make the community climate movement in Australia more effective and more coherent, and to help set the agenda for the second year of the Rudd Government.
If you missed the Climate Action Summit, this is your chance to find out what happened from some of the key players. Discussion will focus on the recommendations emerging from the plenary session. There will also be a showcase of community climate action networks.
Date: Thursday 26 February 2009 Time: 12 noon- 2pm, lunch will be provided Venue: McDonalds Room, State Library of NSW, Macquarie Street,
Sydney RSVP: Please call (02) 9262 6989 to register or for more information.
This seminar is supported by the City of Sydney.
3. FREE EDO Workshop: Coastal Development, LEPs and Advocacy - Ourimbah This workshop will look at how planning decisions are made and how they affect coastal communities, with a focus on the Local Environmental Plan (LEP) process. With Central Coast Councils currently preparing new LEPs, this is an excellent opportunity to find out how to effectively engage in the environmental decision-making process.
When: Saturday 7 March 2009 Time: 9.30-1.30, lunch and refreshments will be provided. Venue: Ourimbah Campus, 10 Chittaway Road, Ourimbah NSW (Room to be advised) RSVP: Please call (02) 9262 6989 to register or for more information.
4. Request for translators The EDO is seeking the assistance of translators to prepare information to be made available to the public on our website. If you have a proficiency in Cantonese, Mandarin or Spanish and would like to help, please contact Heidi Evans (Monday Thursday) on (02) 9262 6989.
5. Private Conservation workshop (EDO Northern Rivers) The EDO Northern Rivers office invites you to this free workshop for landowners in the Lower Clarence Valley interested in conserving biodiversity on their property. The Northern Rivers is a national biodiversity hotspot, but much of the high conservation value land is on private property. Governments and other organisations have recognised the need to protect biodiversity on private land by offering a range of formal and informal agreements and incentives.
The morning session of this one day workshop will be held in Grafton. It will cover the options for conservation agreements, with talks from EDO lawyers and staff from the Nature Conservation Trust of NSW, the NSW Department of Environment and Climate Change and the Northern Rivers Catchment Management Authority. The afternoon session will involve a visit to a farm 28 kms south of Grafton that has had a Voluntary Conservation Agreement for many years, to show how it has worked in practice.
Date: Saturday 28 February 2009 Morning session: 9.15am (for a 9.30 sharp start) to 12.30 at Grafton Community Centre, 59 Duke St Grafton Afternoon session: 2.30 4.30pm at Kangaroo Creek Rd Coutts Crossing (address tba)
Attendance is free, however registration is essential. Please call Mark Byrne, Education Officer, on 6622 8470.
6. Rural Landholders Workshop: Albury Wodonga NSW The Environmental Defender's Office would like to invite you to this FREE afternoon workshop on land and water law applicable to rural landholders and relevant organisations in NSW. The workshop is taking place in conjunction with the release of the latest edition of an EDO publication, the Rural Landholder's Guide to Environmental Law in NSW'. The workshop will address the legal rights and obligations of landholders and ways to manage rural land in accordance with natural resource management law. Vegetation and water management, pests and weeds, and the use of agricultural chemicals will also be discussed.
Time: 1pm to 4pm (afternoon tea will be provided) Date: Friday 27 February 2009 Venue: Kinross Woolshed Hotel, 47 Old Sydney Road, Thurgoona
RSVP is essential. Please call (02) 9262 6989 to register or for more information.
7. 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.
Law and Policy Watch
8. McArthur River Mine expansion approved Federal Environment Minister, Peter Garrett has formally approved the expansion of the McArthur River zinc mine near Borroloola in the Northern Territory. The works required to divert the River and associated mining activities have been allowed to recommence immediately. Operations ceased last December when a High Court challenge to the previous Environment Minister's approval was successful.
Mr Garrett has required mining company Xstrata to prepare certain monitoring plans, and has requested greater engagement with local stakeholders regarding the operation of the mine. Traditional landowners in the area are concerned that Xstrata take the Minister's recommendations into consideration.
9. Aldous v Greater Taree City Council [2009] NSWLEC 17 Development consent of a beachfront property at Old Bar, near Taree, was challenged by Mr Aldous on several grounds. He was successful on two of these grounds. One ground of challenge which was unsuccessful was Taree City Council's failure to take into consideration principles of ecologically sustainable development (ESD) when assessing climate change-induced coastal erosion.
Justice Biscoe held that section 79C of the Environmental Planning and Assessment Act 1979 makes it mandatory to consider the public interest and therefore principles of ESD, in particular climate change induced coastal erosion. However, he found that it had not been established that the council failed to do so. Rather, Justice Biscoe found that council took the issue of coastal erosion and its inducement by climate change seriously. This was evidenced by the steps taken to assess coastal erosion and prepare a coastal zone management plan.
Even though the climate change challenge was unsuccessful, Justice Biscoe referred to many national and international reports on climate change-induced soil erosion, asserting that the law on sustainable development is gaining momentum from local to international levels.
10. Report on whistleblower protection laws The House Legal and Constitutional Affairs Committee today tabled its report of the inquiry into whistleblower protection for the Australian Government public sector. The report of the inquiry was to consider a preferred model for legislation to protect public interest disclosures (known as whistleblowing') within the public sector.
The final report follows 11 public hearings and the receipt of 71 submissions from a broad range of public sector agencies, academics, unions and whistleblowers themselves. Recommendations on the following issues will be provided in the report:
Categories of people who could make protected disclosures;
The types of disclosures that should be protected;
The conditions that should apply to a person making a disclosure;
The scope of statutory protection that should be available;
Procedures in relation to protected disclosures.
11. Dates announced for public consultation: Aboriginal Land Management Framework Discussion Paper The consultation schedule for the public consultation regarding the Discussion Paper - Aboriginal Land Management Framework has been announced.
Saturday 28 February, Dubbo
DECC Office, L1 48-52 Wingewarra St
Monday 2 March, Kelso
Kelso Community Centre, Bonner St
12. Statutory review of the National Parks and Wildlife Regulation 2002 A new Regulation has been drafted to replace the existing Regulation which governs various activities under the National Parks and Wildlife Act 1974.
The proposed National Parks and Wildlife Regulation 2009 will replace the former 2002 Regulation which will be automatically repealed on 1 September 2009.While the majority of clauses in the 2002 Regulation will be retained, there are some amendments and additions.
13. 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'.
Public submissions for the consultation have been invited. The date for public submissions has now been extended to Monday 15 June 2009 . Submissions can be sent electronically or by post. More information is available from http://www.humanrightsconsultation.gov.au/...
14. Policy Submissions EPBC Act
The ANEDO submission on the legislative review of the Environment Protection and Biodiversity Conservation Act 1999 is now available on the EDO website at:
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:
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.
National Carbon Offset Discussion Paper
The National Carbon Offset Standard Discussion Paper has been released by the federal Department of Climate Change. It aims to provide guidance on what constitutes a genuine, additional voluntary offset credit, set requirements for the verification and retirement of such credits, and provide principles for calculating the emissions of an organisation, product or service which could be offset. The Department is particularly interested in any comments on the design of the standard in the context of the introduction of the Carbon Pollution Reduction Scheme.
Submissions are due on 27 February 2009, with information sessions being undertaken around Australia. Further information can be found on the Department of Climate Change website, at http://www.climatechange.gov.au/nav/carbon_offset.html
15. 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:
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 (02) 9262 6989 if you would like to contribute.
EDO in the Media
16. Manly Daily : Councillors want towers files access (18 February 2009) This article reports on the failed attempts by the EDO to access Warringah Council files on the proposal for Dee Why town centre, involving the construction of two retail/commercial towers. The article states that the files will not be made available to the Environmental Defender's Office (representing the Friends of Warringah resident group), until next Wednesday at the earliest. Any challenge to the Minister's approval must be launched by next Friday, leaving little time to prepare such a challenge.
17. Sydney Morning Herald : Cute, endangered and legal to shoot (20 February 2009) This article reports that the NSW Government will continue to allow licences to shoot the grey-headed flying fox, despite the fact that the species is listed as vulnerable to extinction. NSW is the last State to permit shooting of the species. Dr Kerryn Parry-Jones of the Institute of Wildlife Research at the University of Sydney is interviewed, stating her concerns regarding the lack of monitoring controls of the shooting. The EDO has been providing advice to various conservation groups regarding this issue.
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
There are no new notices since the last eBulletin.
There are no new notices since the last eBulletin.
Environmental Law Notices Commonwealth
21. 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 Anglican Retirement Villages Sydney Diocese/Residential development/599-607 Old Northern Road, Glenhaven/NSW/Development of a Retirement Village http://www.environment.gov.au/...id=4746
TransGrid/Energy generation and supply (non-renewable)/Parkes Substation to Manildra Substation/NSW/Construction of Single Circuit 132kV Transmission Line between existing substations http://www.environment.gov.au/...id=4741
Queensland Townsville City Council/Waste management (sewerage)/Bushland Beach, Kirwan and Bohle Plains/QLD/Wastewater Upgrade and Transfer to Mt St John Water Treatment Plant http://www.environment.gov.au/...id=4755
Tasmania Department of Infrastructure, Energy and Resources/Transport land/Between Brighton and Bridgewater/TAS/Brighton Bypass Southern Project Upgrade of the Midland Highway http://www.environment.gov.au/...id=4757
South Australia GX Technology/ION Geophysical Corp/Exploration (mineral, oil and gas marine)/EPP028, EPP029, EPP030, EPP031 & EPP032/SA/BightSPAN 2D Marine Seismic Survey http://www.environment.gov.au/...id=4750
SA Water Corporation/Water Management and use/NW of Lake Alexandrina from Jervois to Currency Creek/SA/Lower Lakes Irrigation Pipeline, lower Murray Darling Basin http://www.environment.gov.au/...id=4743
City of Onkaparinga/Transport land/Weymouth Rd, between Cherry Gardens and Coromandel East/SA/Weymouth Road Cherry Gardens Fire Access Track http://www.environment.gov.au/...id=4740
Victoria Hanson Construction Materials/Transport land/Kirks Bridge & Live Bombs Rds Mambourin 10km west of Werribee/VIC/Construction of Haulage Road http://www.environment.gov.au/...id=4747
Western Australia
Fungro Multi Client Services Pty Ltd/Exploration (mineral, oil and gas marine)/13 Petroleum Permit Areas in Carnarvon Basin/WA/Eendracht Multi-Client 3D Marine Seismic Survey http://www.environment.gov.au/...id=4749
ACT Canberra Airport Ltd/Transport - air and space/Canberra Airport, 6km from city centre/ACT/Infrastructure Upgrade and Construction at Canberra Airport http://www.environment.gov.au/...id=4748
Land and Development Agency/Residential development/North Weston, near Cotter Road and Tuggeranong Parkway/ACT/North Weston Residential Development, Canberra http://www.environment.gov.au/...id=4752
Community News
22. Sydney Trade Unionists Climate Action Network You are invited to participate in the first meeting of a Trade Unionists Climate Action Network in Sydney. The group aims to develop a grassroots network of like-minded trade unionists to collaborate and organise for climate justice. Climate change, workers' rights, and social justice are interconnected.
Issues to begin discussion will be presented by various speakers and include:
What are unionists doing about climate change in NSW and elsewhere?
How can unionists who are interested in climate change work together?
How can the labour and environment movements work together?
What strategic alliances can we build with other movements, in Australia and labour movements globally?
How can union memberships and leaderships be motivated to take part in campaigns?
How can workers call for green, unionised jobs with good working conditions in the context of the global economic downturn?
Date: Thursday 5 March 2009 Time: 6.30pm for a 7pm start Venue: The Agincourt Hotel, cnr Parramatta Rd and Harris Street (2 min walk from Central Station)
Finger food will be provided. This event is facilitated by unionists and workers and is supported by Friends of the Earth Sydney.
23. Protecting Human Rights workshop in Newcastle and Sydney This one-day workshop hosted by the Public Interest Advocacy Centre 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.
Newcastle: 18 & 19 March 2009
Sydney CBD: 27 March 2009
24. The Statute of Liberty: How Australians can take back their rights This public lecture by Geoffrey Robertson QC will consider the question: Why is Australia the only developed nation in the world without a bill of rights?
Many of those who argue against a bill of rights think we live in the best of all possible worlds, but Geoffrey Robertson QC believes we should think again. In this special Sydney Writers' Festival out of season event, he puts forward his case, illustrating his point with evidence from other countries of how a statute of liberty helps ordinary citizens and improves standards of governance and public services. He will discuss what he considers to be distortions and urban myths propagated by opponents of the bill, and outline why he believes the charter he has drafted reflects the history and real contemporary values of Australians.
Date: Wednesday 1 April 2009 Time: 6.30 7.45pm Venue: City Recital Hall, Angel Place Sydney Cost: $25 (A Reserve) $20 (B Reserve) - Concessions are available.
Tickets are available from City Recital Hall box office on (02) 8256 2222 or at www.cityrecitalhall.com
25. Conservation Council ACT Position Vacancy: Environmental campaigner The Conservation Council ACT Region, the peak non-government environment organisation for the ACT and Region, is looking for experienced environmental and conservation campaigners. Current areas in which the Council is active include biodiversity conservation, climate change, sustainable planning, transport, waste management, and water.
At this stage, we are seeking expressions of interest from individuals who might be interested in applying for full or part-time positions with the Council. The Council, once it has completed its review of staffing needs, and understands the likely availability of qualified persons, will shortly be advertising for formal applications.
At this stage the Council is not being restrictive in terms of the conditions of employment and thus, even if you are only able to work part-time, we would be interested in hearing from you. The Council expects to offer remuneration at approx. $50,000 pa, or pro-rata.
Please lodge your expression of interest by Friday 27 February 2009 , with a current CV attached, to The Director, Conservation Council of ACT Region, GPO Box 544, Canberra City ACT 2601.
For more information, contact John Hibberd by telephone on (02) 6229 3202.
26. EcoForum Conference and Exhibition 2009 The EcoForum conference stream aims to provide information on the kind of government support available for businesses planning to mitigate the effects of climate change. Anne Scott, Deputy State Manager in the AusIndustry NSW State Office, will tell delegates how the Climate Ready, Re-tooling for Climate Change and Green Building Fund grants programs under the new Clean Business Australia initiative can assist businesses to adapt to climate change.
The EcoForum climate change conference stream will also feature presentations from across Australia from the energy, local government, telecommunications, business, academia and environmental consulting sectors on a multitude of climate change responses, from how consumer behavior is affected and how that will affect your business to integrating climate change considerations into environmental studies.
As well as the conference stream on climate change, the Sydney EcoForum in April will feature:
Conference streams on water, biotechnology, waste, energy, air quality, human health and land remediation
A trade exhibition of 40 environmental products and services suppliers
An example of how art can be used to support environmental messages
Networking with 1,100 environment industry professionals over breakfast, lunch, morning and afternoon refreshments, happy hour drinks and the EcoForum dinner.
Dates: 28 to 30 April 2009 Venue: Australian Technology Park, Sydney
To download the conference program and registration documents, visit www.ecoforum.net.au/2009 or contact Quitz Pty Ltd on (02) 9410 1302.
Registrations received by 28 February 2009 will be entitled to a $150 discount on the regular cost of the three-day delegate registration, including attendance at the dinner.
27. Australia's Climate Movement in 2009: The Turning Point, March 11-12 2009, Melbourne Town Hall Climate Action Network Australia's (CANA's) annual conference is the only event where the representatives of the major community voices, including the CANA Member Organisations, come together to receive an update on new developments in the broad field of climate problems and potential solutions, collaboratively plan campaign and research strategies, and network with leading government, academic and corporate stakeholders.
In 2009, the role of the climate movement is particularly significant as major climate policies move into legislation in Australia and the United Nations Framework Convention on Climate Change prepares to meet in Copenhagen in December to develop a post-Kyoto climate agreement. For these reasons, the topic of this conference is 'The turning point'. In 2009, many non-government climate campaigns will come to fruition and revised campaign planning is required to respond to the new policy environment. The prominence of the CANA conference in 2009 is key for industry, government and academic representatives working on climate change issues.
28. Applications Available for 2009 UNU-IAS Fellowship Programme Every year UNU-IAS offers PhD and Postdoctoral fellowships to provide young scholars and policy-makers, especially from the developing world, with a multi-disciplinarily context within which to pursue advanced research and training that is of professional interest to the successful applicant and of direct relevance to the research agenda of their selected UNU-IAS or UNU-ISP programme.
About 8-10 fellowships will be awarded in total in 2009 for three types of fellowships: PhD Fellowships, Postdoctoral Fellowships and JSPS-UNU Postdoctoral Fellowships.
The closing date for applications is 31 March 2009 (17h00 Tokyo time) for fellowships beginning on 1 September 2009.
Interested and eligible candidates are invited to complete an online application form. For more information and to apply, see http://www.ias.unu.edu/fellowships
29. Greenpeace Public Forums: GM Crops the benefits and risks Australia is currently at a cross-roads, with genetically modified (GM)
canola being grown for the first time last year. Before farmers can
decide whether they want to go down the GM path they need to be aware of
all the potential benefits and risks associated with GM crops. These
public forums provide an important opportunity to talk directly with
farmers from North America, where GM crops have been grown commercially
for more than a decade. Speakers will discuss issues such as benefit
gained, corporate influence, costs, segregation of GM crops, legal
concerns and the effect GM crops have had on markets:
Speakers are to include Moe Parr a seed cleaner from the USA, Ross Murray a third generation seed grower and grain cleaner from Canada.
NSW Forums
Sydney Friday, 13th March, 10-11.30am
Waratah Room, New South Wales Parliament, Macquarie Street, Sydney
For more information contact: Graham Strong: (02) 6959 8656, 0428 598
656.
Cootamundra Saturday, 14th March, 10-11.30am
Stephen Ward Room, Cootamundra Library, corner of Wallendoon and
Thompson Streets, Cootamundra
For more information contact: Graham Strong: (02) 6959 8656, 0428 598
656.
Wagga Wagga
Monday, 16th March, 7-8.30pm
Commercial Club, 77 Gurwood St, Wagga Wagga
For more information contact: Graham Strong: (02) 6959 8656, 0428 598
656.
Orange Tuesday, 17th March
Moresby room, Orange Ex-Services' Club, 231 - 243 Anson Street,
Orange
For more information contact: Graham Strong: (02) 6959 8656, 0428 598
656.
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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.
