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EDO NSW BULLETIN 4 March 2009: No. 600

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. Private Conservation: A workshop for landowners in the Tweed Valley (Northern Rivers)
2. FREE EDO Workshop: Coastal Development, LEPs and Advocacy - Ourimbah
3. FREE EDO Workshop: Coastal Development and Advocacy- Wollongong
4. Request for translators
5. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW
6. EDO Victoria: Position Vacancy – Solicitor

Law and Policy Watch

7. Submission to the Independent Pricing and Regulatory Tribunal (IPART) on the Review of NSW Climate Change Mitigation Measures 
8. NSW Housing Code begins
9. Draft sea level rise policy
10. Release of Carbon Pollution Reduction Scheme Exposure Draft Legislation
11. National Greenhouse and Energy Reporting Amendment Bill 2009 – Exposure Draft
12. Large fines for environmental law breach
13. Rose Group development approved with conditions
14. Statutory review of the National Parks and Wildlife Regulation 2002
15. National Human Rights Consultation
16. Policy Submissions
17. Legislative Reviews

EDO in the Media

18. Gosford Radio 2GO : Ourimbah workshop (3 March 2009)
19. Northern Rivers Echo : Dunoon celebrates DA withdrawal (26 February 2009)

Environmental Law Notices – New South Wales

20. Major Project Proposals – Invitation to Comment
21. State Conservation Notices – Invitation to Comment
22. Department of Lands – Public Exhibition

Environmental Law Notices – Commonwealth

23. EPBC Referrals – Invitation to Comment

Community News

24. Sydney University seminar: Catalysing Hope for a Sustainable Future
25. Sydney Trade Unionists Climate Action Network
26. Protecting Human Rights workshop in Newcastle and Sydney
27. The Statute of Liberty: How Australians can take back their rights
28. EcoForum Conference and Exhibition 2009


EDO News and Events

1. Private Conservation: A workshop for landowners in the Tweed Valley (Northern Rivers)
While the Border Ranges is a national biodiversity hotspot, much of the high conservation value land is on private property. The need to protect biodiversity on private land is becoming increasingly important in order to enable plants and animals to shift their ranges in response to climate change.

Governments and other environmental 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 workshop will feature short talks from EDO lawyers and a range of organisations which offer conservation agreements. It will also introduce the growing opportunities for landholders to benefit from 'ecosystem services' including biobanking and carbon sink forests. A time for questions will also be provided.
After a complimentary light lunch, the optional afternoon session will involve a visit to a farm that has a conservation agreement, to demonstrate these agreements in practice.

Date: Saturday 28 March 2009

Morning Session
Time: 9.15am (for 9.30am sharp start) to 1.30pm
Venue: Murwillumbah CWA Hall, 20 Queen St

Afternoon Session
Time: 2.30pm to 4pm
Venue: Property visit (address tba)

Attendance is free, but prior registration is required. To register, contact Mark Byrne (02) 6622 8470.

Organised in cooperation with Tweed Landcare.

2. 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: Staff Common Room, Room of Applied Sciences, Ourimbah Campus, 10 Chittaway Road, Ourimbah NSW

RSVP: Please call (02) 9262 6989 to register or for more information.

3. 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.

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. 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.

6. EDO Victoria: Position Vacancy – Solicitor
The Environmental Defender's Office Victoria is seeking to employ a passionate and experienced environmental lawyer to join the legal team. EDO solicitors help groups and individuals to protect and conserve the environment by providing advice and information and engaging in casework, community legal education, law reform and policy development.

A salary of $55,000-$70,000 plus superannuation is offered for the position. Actual salary will be dependent upon skills and experience.

For more information, visit http://www.edo.org.au/edovic/jobs.html Potential applicants must contact Principal Solicitor, Brendan Sydes on (03) 8341 3105 before applying.

Law and Policy Watch

7. Submission to the Independent Pricing and Regulatory Tribunal (IPART) on the Review of NSW Climate Change Mitigation Measures  
The EDO has now completed its submission to IPART on the Review of NSW Climate Change Mitigation Measures. The submission, which recommends IPART take a cautious approach given the uncertainty and risks of climate change, has been made available on the EDO website at http://www.edo.org.au/edonsw/site/policy.php#1  

8. NSW Housing Code begins
On Friday 27 February the NSW Housing Code came into effect. The primary outcome of the Code is to allow faster and more streamlined approval for the construction of and alterations to houses. Additional workshops explaining the operation of the housing code have been announced in Queanbeyan, Batemans Bay, Albury and Broken Hill.

For more information on the code or to register for the workshops, visit http://www.planning.nsw.gov.au/planning_reforms/housing_code.asp  

9. Draft sea level rise policy
The NSW Government has released a draft policy on sea level rise for consultation with coastal councils, key stakeholders and the public until 3 April 2009. The consultation will assist the Government in finalising guidelines on the extent to which sea level rise will be considered in broad land-use management strategies, local environment plans and individual development applications.

For more information, visit http://www.planning.nsw.gov.au/plansforaction/climatechange_sealevel.asp  

10. Release of Carbon Pollution Reduction Scheme Exposure Draft Legislation
On Tuesday March 10, the Federal Government will publicly release the exposure draft legislation on the Carbon Pollution Reduction Scheme (CPRS). The purpose of the exposure draft legislation is to enable consultation on the terms of the Bill and its effectiveness in delivering the White Paper's policy decisions. Senator Penny Wong, Minister for Climate Change and Water has recommended the exposure draft legislation be referred to the Senate Standing Committee on Economics for consideration.

The exposure draft legislation will be available online at www.climatechange.gov.au

11. National Greenhouse and Energy Reporting Amendment Bill 2009 – Exposure Draft
The exposure draft of the National Greenhouse and Energy Reporting Amendment Bill 2009 is now available for public comment. The legislation seeks to establish a mandatory reporting system for corporate greenhouse gas emissions and energy production and consumption. The amended legislation will require auditors to register with the Greenhouse and Energy Data Officer (GEDO) and make a number of administrative changes to clarify existing audit arrangements. The amendments also remove the obligation of the GEDO to publish energy production data.

Amendments have also been made to the National Greenhouse and Energy Reporting Regulations to reflect and support the changes to the Act.

For more information, visit http://www.climatechange.gov.au/reporting/consultation.html  

12. Large fines for environmental law breach
A company and its project manager have been heavily fined for illegal clearing at a Mission Beach (Queensland) development, under the Environmental Protection and Biodiversity Conservation Act 1999 . A development proposal for the site was still being assessed for its likely impact on the nationally-protected southern cassowary and an investigation revealed the company had cleared land before a referral decision had been made, amounting to an offence under the Act.

The project manager was fined $5,000 and the company was fined $40,000. 
 
13. Rose Group Development approved with conditions
Environment Minister Peter Garrett has allowed a proposed development at Catherine Hill Bay to go ahead, with conditions requiring offsets to protect the two plant species currently listed as vulnerable under Commonwealth legislation that are present on the development sites.

The proposal by Rose Group is to involve the construction of 750 dwellings over two sites and was first approved by the NSW Government and has also been assessed at a federal level for impacts on matters of National Environmental Significance.

The EDO has been working with resident groups at Catherine Hill Bay and Gwandalan and intends to examine whether this decision will adequately protect the matters of National Environmental Significance at issue.

14. 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.

The proposed Regulation, along with a Regulatory Impact Statement, is on public exhibition until 27 March 2009.

Copies of the Regulation and a Factsheet are available at www.environment.nsw.gov.au/consult/DecPublicConsultation.htm  

The EDO has been invited to make a submission.
 
15. 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.

The report is available here http://www.hrlrc.org.au/html/s02_article/article_view.asp?id=436&nav_cat_id=183&nav_top_id=69  

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/www/nhrcc/nhrcc.nsf/Page/Share_Your_Views

To encourage public participation in the consultation, forums have been announced throughout Australia. NSW locations and dates are provided below:

• Bourke – 4 March 2009, 12-2pm
• Broken Hill – 10 March 2009, 6-8pm
• Sydney – 17 March 2009, 10-12pm/2-4pm/6-8pm
• Taree – 19 March 2009, 12-2pm
• Wollongong – 19 March 2009, 12-2pm

For more information regarding these sessions or to register, visit http://www.humanrightsconsultation.gov.au/www/nhrcc/community.nsf/calendar

16. 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:

http://www.edo.org.au/edonsw/site/policy.php#4  

•  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 .

17. 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: 

•  Native Vegetation Act 2003,
•  Natural Resources Commission Act 2003,
•  Catchment Management Authorities Act 2003, and
•  Threatened Species Conservation Act 1995.

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

18. Gosford Radio 2GO : Ourimbah workshop (3 March 2009)
EDO Education Officer Jemilah Hallinan was interviewed regarding the upcoming workshop in Ourimbah. The workshop, to be held on March 7, will address coastal development, Local Environmental Plans and advocacy issues.

For more information, see the notice above or contact Jemilah Hallinan , on (02) 9262 6989.

19. Northern Rivers Echo : Dunoon celebrates DA withdrawal (26 February 2009)
This article reports on the withdrawal by the proponent Hardie Holdings, of a Development Application for a controversial 57-lot subdivision in Dunoon. The withdrawal has been seen as a success for the Dunoon Community Group in their opposition to the development. EDO Northern Rivers has been providing advice and assistance to the Dunoon Community Group. The article also states that the group has pushed Council to reconsider the current community engagement process regarding development in the area.

For a full text of the article, visit http://www.echonews.com/index.php?page=News%20Article&article=25366&issue=390   

Law Notices – New South Wales

20. 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

•  Strathfield: Advertising Structure on Homebush Bay Drive, Flemington

21. 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 .

22. Department of Lands – Public Exhibition
The following draft plans are currently being exhibited for public comment. Visit http://www.lands.nsw.gov.au/about_us/publications/exhibition to view the plans in detail.

•  Expressions of interest – Swansea Channel Maintenance

Environmental Law Notices – Commonwealth

23. 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:

Queensland
Carpentaria Shire Council/Waste management (sewerage)/Karumba, Gulf of Carpentaria/QLD/Sewerage Network and Sewerage Treatment Plant
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4775  

Queensland Department of Main Roads/Transport – land/Cooroy to Curra, Bruce Highway/QLD/3 Staged 12 km Bruce Highway Upgrade (Corroy to Curra) between Sankeys Road, Federal and Traveston Road, Kybong
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4774  

BM Alliance Coal Operations Pty Ltd/Transport – Water/Port of Hay Point/QLD/Hay Point Coal Terminal Expansion
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4759  

Townsville City Council/Transport – land/Bushland Beach to Deeragun/QLD/Construction of North Shore Boulevard and Lionel Turner Drive
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4758  

Tasmania
Department of Infrastructure, Energy and Resources/Transport – land/ Brighton to Pontville /TAS/Brighton Bypass, Northern Project
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4762  

Rivers and Water Supply Commission/Water management and use/From Meander River Westward to Rubicon River Near Deloraine/TAS/Construction and Operation of a 11km Irrigation Water Pipeline
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4760  

Origin Energy Resources Ltd/Exploration (mineral, oil and gas – marine)/Approx 160kms North-West of Devonport/TAS/Rockhopper-1 and Trefoil-2 Exploration Drilling in Permit Area T/18P
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4776  

Victoria
VicRoads/Transport – land/Yarra Glen/VIC/Yarra Glen truck Bypass, Melba Highway, Vic
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4769  

Western Australia
Australand Holdings Ltd/Residential development/Lot 9 Abernethy Road, Byford, 32km south-east of Perth/WA/Residential Subdivision on Abernethy Road, Byford
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4767  

BRIKmakers (subsidiary of BGC (Australia) Pty Ltd)/Mining/M70/1085 Burma Rd, Bailup/WA/Clay and Gravel Extraction for Use in the Production of Clay Bricks
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4761  

ACT
Land Development Agency/Commercial development/Hume West/ACT/Hume West Industrial Estate Development
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4766  

Christmas Island
Christmas Island Phosphates/Natural resources management/1-20km from the Settlement/Christmas Island/Trials of a bait delivery system for the control of Yellow Crazy Ants
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4763  

Community News

24. Sydney University seminar: Catalysing Hope for a Sustainable Future
The University of Sydney invites you to this public forum tackling the issue of sustainability from a scientific, industrial and policy perspective. As the environmental state of the planet becomes more and more uncertain, the need for solutions that will effect genuine, significant change is increasingly crucial. Who will create the solutions to ensure that we can achieve a truly sustainable future? What is the science behind these solutions, and what are the hurdles to their implementation?

Speakers Professor Sir John Meurig Thomas (Cambridge University), Dr Frits Dautzenberg (Serenix/ABB Lummus) and Dr Ian Maxwell (MaxCo) will address these issues from their professional perspectives, followed by a panel discussion and cocktail reception.

Time: 5.45pm – 7pm
Date: Tuesday 14 April 2009
Venue: General Lecture Theatre, Main Quadrangle, University of Sydney

To RSVP, contact events@science.usyd.edu.au  

25. 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. For more information, email Zoe at zhutchinson@lhmu.org.au  

26. 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

Cost: $80

Registration forms can be downloaded from http://www.piac.asn.au/training/trainingcal06.html

27. 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  

28. 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.

 

Untitled Document

This bulletin is meant for your general information. Where possible, references are given so that readers can access original sources or find more information. Any information contained in this bulletin does not represent legal advice.

The EDO does not endorse and is not affiliated with events advertised in the Community News section.

 

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