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 (NSW): New Position International intern
2. FREE EDO Workshop: Coastal Development, planning and advocacy - Narooma
3. EDO (NSW): New Position Project Officer
4. Private Conservation: A workshop for landowners in the Tweed Valley (Northern Rivers)
5. FREE EDO Workshop: Coastal Development and Advocacy - Wollongong
6. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW
Law and Policy Watch
7. Resident fined for tree poisoning: Campbelltown City Council v Josevski [2009] NSWLEC 29
8. Boral fined for water pollution incident: Environment Protection Authority v Boral Australian Gypsum Limited [2009] NSWLEC 26
9. New infrastructure laws for NSW
10. Senate Committee's First Report on the EPBC Act review
11. Release of the Biofuel (Ethanol Content) Amendment Bill 2009
12. Statutory review of the National Parks and Wildlife Regulation 2002
13. National Human Rights Consultation
14. Policy Submissions
15. Legislative Reviews
17. Major Project Proposals Invitation to Comment
18. State Conservation Notices Invitation to Comment
19. Department of Lands Public Exhibition
Environmental Law Notices Commonwealth
20. EPBC Referrals Invitation to Comment
Community News
21. Meeting of the Minds panel discussion: A Human Rights Act for Australia'
22. Environmental Leaders Fellowship program
23. Sustainable Seafood Day
24. Earth Hour
25. Sydney University seminar: Catalysing Hope for a Sustainable Future
EDO News and Events
1 . EDO (NSW): New Position International intern
The Environmental Defender's Office (NSW) is a community legal centre specialising in public interest environmental law.
The EDO is seeking a volunteer International Intern to join our Sydney office for 2-3 days per week.
The EDO's International Program provides legal, policy and scientific assistance to lawyers and community groups working in public interest environmental law in the Pacific and South-East Asia. We provide assistance across a broad range of issues, with a focus at present on climate change, forestry, marine environments and Indigenous rights. Currently, we work in Papua New Guinea, the Solomon Islands, Fiji, Vanuatu and Samoa.
The International Intern will undertake tasks such as:
legal and policy research
preparation of education and training materials
administrative assistance
The successful applicant will have completed 3 or 4 years of a degree in law, international relations or a related discipline.
We seek applicants who possess:
a commitment to protection of the environment
an ability to identify and analyse issues
excellent research skills
excellent written and oral communication skills
the ability to work as part of a team
an understanding of environmental and development issues in the Pacific
For further information please contact Amelia Thorpe on (02) 9262 6989 .
Applications close on Monday, April 6 .
2. FREE EDO Workshop: Coastal Development, planning and advocacy - Narooma
The Environmental Defender's Office would like to invite you to this FREE community workshop on coastal development and advocacy. The workshop will give an overview of planning law in coastal areas and provide practical advice for participation in environmental decision-making.
3. EDO (NSW): New Position Project Officer
The Environmental Defender's Office (EDO) is a community legal centre specialising in public interest advocacy regarding environmental law and policy. The EDO is seeking to employ a Project Officer to join our education program, which works to empower the community to participate in environmental decisions and to inspire them to use the law to protect the environment.
The Project Officer will run legal education projects, including two new programs which will focus on private conservation and on coastal law and climate change.
The EDO has received initial grants to fund this position for 45 weeks. The EDO will consider applications to undertake this work full time, or part time over a longer period. Working hours are flexible.
Salary is $49,000 - $61,000 pro rata, depending on experience, plus superannuation.
For more information on the EDO, and for the position description, please see our website: www.edo.org.au/edonsw For further information on the position, contact Amelia Thorpe , EDO Programs Director, on (02) 9262 6989 .
Applications close 27 March 2009 . To apply, please email a cover letter, curriculum vitae and response to selection criteria to amelia.thorpe@edo.org.au
4. 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.
After a complimentary light lunch, the optional afternoon session will involve a visit to a property with a conservation agreement, to demonstrate these agreements in practice.
Morning Session
Time: 9.15am (for 9.30am sharp start) to 1.30pm
Venue: Murwillumbah CWA Hall, 20 Queen St
Attendance is free, but prior registration is required. To register, email Mark Byrne at edonr@edo.org.au or call (02) 6622 8470 .
Presented in partnership with Tweed Landcare.
5. FREE EDO Workshop: Coastal Development and Advocacy - Wollongong
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 strategies 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, 22 Kenny St Wollongong 2500
RSVP: Please call (02) 9262 6989 or email education@edo.org.au to register or for more information.
6. 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 email education@edo.org.au or call (02) 9262 6989 . Boxes of 160 are also available on request for groups or organisations.
Law and Policy Watch
7. Resident fined for tree poisoning: Campbelltown City Council v Josevski [2009] NSWLEC 29
The defendant, Mr Josevski, was charged with committing an offence under section 125(1) of the Environmental Planning and Assessment Act 1979 . Mr Josevski pleaded guilty to poisoning six mature Ironbark trees on his rural residential property at Minto Heights in January 2008. He claimed the trees presented a danger to his family from falling branches, as well as blocking the sewer path and causing damage to his concrete driveway and footpath.
In sentencing the defendant, the Land and Environment Court considered that Mr Josevski had at the time of the offence been unaware of the fact that the activity was unlawful. His poor comprehension of the English language and relatively low intelligence were also relevant mitigating factors. Mr Josevski was fined $10,000 for the offence and was required to replace the poisoned trees by planting six mature Ironbark species that must be maintained for an establishment period of minimum three years.
8. Boral fined for water pollution incident: Environment Protection Authority v Boral Australian Gypsum Limited [2009] NSWLEC 26
In this recent Land and Environment Court case, company Boral pleaded guilty to a water pollution offence under section 120(1) of the Protection of the Environment Operations Act. A liquid chemical Gardisperse' flowed via an unnamed waterway into the Parramatta River when the chemical was transferred from a large storage tank to a small batching tank.
In determining an appropriate sentence for the defendant, the Court considered the relatively low environmental harm caused by the offence, in particular the low toxicity of Gardisperse to aquatic organisms, and the additional mechanisms installed by Boral since the event to prevent a reoccurrence. The defendant was fined $58,500 plus costs.
9. New infrastructure laws for NSW
Last week, the Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009 passed through NSW parliament. The implications of this Act are very significant. The Act applies to infrastructure projects identified as critical through the COAG (Council of Australian Governments) funding process.
Part 5 of the Act allows the new Coordinator General to make an order by writing that the Environmental Planning and Assessment Act (EPA Act) does NOT apply to such projects. Additionally, the Act cannot be prohibited by a Local Environment Plan, it cannot be assessed under Part 5 of the EPA Act and it cannot be declared as a Part 3A project. Alternatively, authorisation is sought from the Coordinator-General who may, upon approval of the project, attach conditions (including environmental protection). He/she may specify public notification requirements once authorisation is given.
There is no scope for public submissions or public participation prior to an authorisation being granted and there are no appeal rights to authorisation.
The full National Building and Jobs Plan (State Infrastructure Delivery) Act can be viewed here:
10. Senate Committee's First Report on the EPBC Act review
The first report of the Senate Standing Committee on Environment, Communications and the Arts on the operation of the Environment Protection and Biodiversity Conservation Act 1999 has been released. The report covers several key issues, including the scope of the Act; the referral, assessment and approval process; the agreements and coordination between governments and agencies; threatened species and ecological communities; and community and stakeholder engagement.
The committee makes 10 recommendations in the report, all of which the EDO called for in its submission to the inquiry and at a parliamentary hearing attended by the EDO. Most importantly, the committee calls for a greenhouse and land clearing trigger and an expansion of the merits review process currently available under the Act.
11. Release of the Biofuel (Ethanol Content) Amendment Bill 2009
The Biofuel (Ethanol Content) Amendment Bill was introduced into NSW parliament last week. The object of the Bill is to amend the Biofuel (Ethanol Content) Act 2007 (the Act) as follows: (a) to provide for increases to the mandated minimum ethanol content for total petrol sales in NSW (currently 2%); (b) to make provision for a mandated minimum biodiesel content for total diesel fuel sales in NSW, (c) to provide that such mandates will apply to major retailers, in addition to primary wholesalers, of petrol and diesel fuel; and (d) to provide that from July 2011 regular unleaded petrol sold in NSW by primary wholesalers must contain 10% ethanol.
The Minister for Lands, Tony Kelly, stated at the introduction of the Bill into parliament that the legislation, mandating greater use of biofuels across NSW, marked the next step in the Government's biofuels strategy that seeks to establish a locally-produced, sustainable fuel industry'.
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'.
14. Policy Submissions
Submissions on the Draft CPRS Exposure legislation
The draft legislation for the Federal Government's carbon pollution reduction scheme was released last week. Submissions can be made on the draft legislation by 14 April 2009 .
The draft legislation and commentary can be viewed here:
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 .
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 at robert.ghanem@edo.org.au or call (02) 9262 6989 if you would like to contribute.
EDO in the Media
16. Northern Rivers Echo : Dirt roads causing residents problems' (19 March 2009)
This article by Northern Rivers Education Officer Mark Byrne, discusses resident concerns regarding potential health implications of unsealed roads in the region.
17. 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
Ku-ring-gai: Modification Residential Development at Pymble
Randwick: Modification Terminals Bulk Liquid Storage Facility
20. EPBC Referrals Invitation to Comment
Referrals under the Environment Protection and Biodiversity Conservation Act 1999 are available for comment on the Department of the Environment, Water, Heritage and the Arts website at: http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl
The following referrals have been listed within the last 7 days:
21. Meeting of the Minds panel discussion: A Human Rights Act for Australia'
Seven experts will address the topic of why Australia is the only liberal democracy in the world that does not have some kind of unified law protecting human rights. Find out if we are missing important safeguards or if we are right to give a Human Rights Act the miss.
Time: 6.30pm start for 7pm 8.30pm
Date: Monday 30 March 2009
Venue: Level 61, Mallesons Stephen Jaques, Governor Phillip Tower, 1 Farrer Place, Sydney
The panel of speakers includes:
Robin Banks, CEO of Public Interest Advocacy Centre
Dr David Bennett QC, Former Solicitor General for the Commonwealth of Australia
Prof. Andrew Byrnes, Chair of Australian Human Rights Centre
The Hon. John Hatzistergos MLC, Attorney-General for NSW
The Hon. Keith Mason AC QC, Former President of the NSW Court of Appeal
Edward Santow, Director of Charter of Human Rights Project at the Gilbert + Tobin Centre of Public Law
For more information or to RSVP, email events@motm.org.au by Wednesday 25 March
22. Environmental Leaders Fellowship program
The Environmental Leaders Fellowship program is an opportunity for people with vision, passion and courage to take important steps towards leading the environmental not-for-profit (NGO) sector into the future. These leaders will help shape the decisions that are made about environmental issues, build relationships with other stakeholders (business, government, other NGO's, the community), create a vision of how things could be and motivate others to invest in a sustainable future.
The Environmental Leaders Fellowship program enables seven successful candidates to adapt skills gained through a series of mentoring and industry workshops, and Australia's foremost sustainability leaders program, Sustainability Leadership Fellowship, to contribute more effectively to their current position within the NGO environmental sphere.
23. Sustainable Seafood Day
This Friday, March 20 , is Sustainable Seafood Day. The Australian Marine Conservation Society is reminding ocean lovers everywhere to choose their seafood wisely. Over 75% of the world's fisheries are overfished or fished right up to their limit. Climate change and ocean acidification are also contributing to the poor health of the ocean's fishstocks.
To help you make the right choice when buying your seafood, the Marine Conservation Society has produced Australia's Sustainable Seafood Guide', which seeks to educate the public with a range of information about issues such as aquaculture, imported seafood, labeling, supermarket seafood, marine national parks and the sustainability of over 60 seafood species.
The Guide is available for $15 (including postage and handling) from the Marine Conservation Society at www.marineconservation.org.au or call 1800 066 299 .
24. Earth Hour
Earth Hour 2009 aims to reach more than one billion people in 1000 cities around the world, asking communities, businesses and governments to switch off the lights at 8.30pm on March 28 , for 1 hour. WWF want this historic, global event to send a strong message to our global leaders that, together, our small actions will represent a global vote for action on climate change, but we need your help! Register your involvement on-line to be counted as part of the largest climate event in history.
There are various activities you and your business or workplace can get involved in as part of this year's event. Many local councils will also be hosting their own events on the night.
25. 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 including 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
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.
