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 brings proceedings in Friends of Currawong matter
2. AYAD Placement: Senior Legal Officer - Ministry of Natural Resources & Environment, Samoa
3. EDO (Northern Rivers) Seminar: Pesticides
4. EDO (NSW): New Volunteer Position – International intern
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
7. EDO WA: Office Coordinator position vacancy
Law and Policy Watch
8. Removal of a threatened ecological community proves costly: Pittwater Council v Scahill [2009] NSWLEC 12
9. Federal Court finds biodegradable nappy to be ‘greenwash'
10. New jurisdiction for the Land and Environment Court
11. Senate Legal and Constitutional Affairs Committee review
12. Commonwealth Freedom of Information Reforms
13. National Biodiversity Strategy Consultation
14. National Human Rights Consultation
15. Policy Submissions
16. Legislative Reviews
EDO in the Media
17. Sydney Morning Herald : Treasures looted and sold online (2 April 2009)
18. Dunoon and District Gazette : Never underestimate people power (April/May 2009)
19. The Northern Star : Organisers abandon Splendour trial (27 March 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. Australia's first possible climate victim
25. ACF Position vacancy: Kimberley Program Officer
26. 2009 Sustainability seminar series
27. Sydney University seminar: Catalysing Hope for a Sustainable Future
EDO News and Events
1. EDO brings proceedings in Friends of Currawong matter The EDO, on behalf of Friends of Currawong (FOC), are bringing an action in the Land and Environment Court to stop the Minister for Planning from approving the part of the Eco Villages Australia Pty Ltd Currawong development that is within the “County Open Space” zoning under the Pittwater Local Environmental Plan 1993. These proceedings are brought on the grounds that the planning legislation (the Environmental Planning and Assessment Act 1979 ) prohibits the Minister from approving that part of the project.
FOC are seeking a declaration from the Court that the Minister for Planning is prohibited from approving the part of the project that is within the “County Open Space” zoning under the Pittwater LEP. FOC is also seeking orders restraining the Minister from approving that part of the project under Part 3A of the Environmental Planning and Assessment Act 1979, and restraining the Director-General of the Department of Planning from preparing a report for the Minister on that part of the project.
2. AYAD Placement: Senior Legal Officer - Ministry of Natural Resources & Environment, Samoa The EDO invites applications from young Australians (aged 18-30) interested in a Senior Legal Officer role with the Ministry of Natural Resources and Environment (MNRE), Apia, Samoa, to be nominated as an Australian Youth Ambassador for Development.
The Australian Youth Ambassadors for Development (AYAD) Program aims to strengthen mutual understanding between Australia and the countries of the Asia-Pacific region and make a positive contribution to development. The Program achieves these aims by placing skilled young Australian on short-term assignments in developing countries in the Asia Pacific region. AYAD volunteers work with local counterparts in host organisations to achieve sustainable development outcomes through capacity building, skills transfer and institutional strengthening. The AYAD Program is fully funded by the Australian Government's overseas aid agency, AusAID.
If approved by AYAD, the placement will support MNRE in tasks including:
• Identifying the need for, and formulating changes to, Samoa's environmental laws;
• Enhancing understanding and knowledge of Samoan environmental laws within the Ministry and the community; and
• Identifying and introducing internal workplace efficiencies, improvements in professional practice and procedures or guidelines to guide MNRE, Legal Services core activities.
If approved, the position will be for twelve months, to commence in September/October 2009.
Applicants should be aware that the EDO is only responsible for the selection of a candidate to nominate. The nominated candidate will then need to submit a full application to the AYAD Program, as outlined on the AYAD website http://www.ayad. com.au/aspx/how_do_i_ apply.aspx
All AYAD placements proposed by the EDO are subject to final approval by AYAD, which will not be confirmed until after a suitable candidate has been nominated.
Your application to the EDO should include an EDO application cover sheet, your CV in the format provided, your statement against the selection criteria and contact details for three referees. The required cover sheet and template documents are provided on the EDO website at http://www.edo. org.au/edonsw/site/jobs_ ayadslol090330. php.
For more information, please contact call (02) 9262 6989.
3. EDO (Northern Rivers) Seminar: Pesticides Recently there was widespread publicity linking fish kills in the Noosa River with pesticide runoff from nearby Macadamia farms. The issue has highlighted problems with the use of agricultural chemicals – insecticides, herbicides and fungicides - on macadamias, timber plantations and other crops.
This meeting will discuss the current review of the NSW Pesticides Regulation and how you can make submissions. It will also launch a new edition of a community information and action kit on spray drift published by the National Toxics Network.
Time: 6pm sharp – 8pm
Date: Wednesday 8 April 2009
Venue: Southern Cross Room (upstairs), Byron Community Centre, 69 Johnson St
For more information and to register, please contact Mark Byrne at the EDO Northern Rivers on (02) 6622 8470
4. EDO (NSW): New Volunteer 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.
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 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 call (02) 9262 6989. Boxes of 160 are also available on request for groups or organisations.
7. EDO WA: Office Coordinator position vacancy The EDO Western Australia is a not for profit community legal centre specialising in environmental law. The office is seeking an Office Coordinator, with strong communication, bookkeeping and administrative skills and a positive can-do attitude, to work as a key member of the team.
Responsibilities are to include customer service, bookkeeping, financial reporting and records management.
The position is part time, 3 to 4 days per week, with a salary $42,500 to $47,500 per annum pro rata, plus compulsory superannuation, depending on experience. Applications close Friday 17 April 2009 .
For a copy of the position description and selection criteria visit EDO WA's website at www.edowa.org. au
Law and Policy Watch
8. Removal of a threatened ecological community proves costly: Pittwater Council v Scahill [2009] NSWLEC 12 In this recent Land and Environment Court case, a North Sydney aborist pleaded guilty to the removal of two trees from a property on the northern beaches. The trees were part of the Pittwater Spotted Gum Forest community, which occurs on the Barrenjoey Peninsula and western Pittwater foreshores. The forest has been extensively cleared and the continued threat of further clearing has seen the ecological community placed under the protection of the Threatened Species Conservation Act 1995 (NSW). Removing the trees was a breach of the Pittwater Council's Tree Preservation Order and Management Order. The removal of the trees also constituted a breach of s 125(1) of the Environmental Planning and Assessment Act 1979 .
In determining the appropriate sentence for the defendant the court considered the ecological and amenity value that the trees had within the endangered Pittwater Spotted Gum Forest community. The Court also took into account the occupation of the defendant and the need for a greater level of knowledge and therefore culpability from an individual in the defendant's trade. The court ordered the defendant to pay a fine of $11 000 and the council's costs of proceedings.
The case serves as a warning to all people involved in tree removal and pruning. Arborists must ensure that all requirements under the current environmental planning instruments are met before commencing work for a prospective client within NSW.
9. Federal Court finds biodegradable nappy to be ‘greenwash' The Federal Court of Australia has held that advertising claims by company SeNevens International Ltd that the Safeties Nature Nappy product is ‘100% biodegradable' constituted misleading conduct. The Director of the company, Ms Charishma Seneviratne had approved the advertising proposal, knowing the claims to be false.
The misleading claims were found to be a contravention of sections 52 and 53 of the Trade Practices Act 1974 . Justice Marshall imposed a five year injunction on Ms Seneviratne, preventing her from engaging in any nappy biodegradability advertising claims without the product first undergoing scientific testing. The company has also been restrained from similar conduct and ordered to publish a corrective advertisement.
SeNevens launched the marketing campaign in Western Australia in November 2006, before expanding to all Australian States and the ACT in April 2008. SeNevens International Ltd has changed its name and now trades as Eco Quest Limited.
In response to consumer concerns regarding the validity of environmentally- friendly products, the Australian Competition and Consumer Commission (ACCC) has produced a publication, ‘Green Marketing and the Trade Practices Act', available from the ACCC website at http://www.accc. gov.au/content/index.phtml/itemId/815763
10. New jurisdiction for the Land and Environment Court In a recent development in the Land and Environment Court, from 7 April 2009, the Court will be granted the jurisdiction to hear and dispose of proceedings under the Mining Act 1992 and the Petroleum (Onshore) Act 1991 .
The Court will be establishing a separate practice collection to assist parties, including self represented litigants, by providing a wide range of information about the Court's new mining jurisdictions.
11. Senate Legal and Constitutional Affairs Committee Review The Senate Legal and Constitutional Affairs Committee is conducting a review into Australia's Judicial System, The Role of Judges and Access to Justice. The review will address matters including the adequacy of legal aid, the adequacy of funding and resource arrangements for community legal centres and the ability of Indigenous people to access justice.
The EDO will be preparing a submission. Submissions are due 30 April 2009 .
12. Commonwealth Freedom of Information Reforms As part of its 2007 election policies, the Australian Government announced that it would reform the Commonwealth Freedom of Information Act 1982 (FOI Act). As part of this reform, the Government has released two draft Bills: the Information Commissioner Bill 2009 and the Freedom of Information Amendment (Reform) Bill 2009. Public comment on these draft bills is invited. The closing date for submissions is 15 May 2009 .
13. National Biodiversity Strategy Consultation The Natural Resource Management Ministerial Council, on behalf of the Commonwealth and all State and territory governments, is inviting public comments on the draft Australia's Biodiversity Conservation Strategy 2010–2020.
The draft strategy is an important national policy document that will guide how governments, the community, industry and scientists manage and protect Australia's plants, animals and ecosystems over the next ten years.
The consultation draft has been developed to replace the National Strategy for the Conservation of Australia's Biological Diversity, which was agreed in 1996.
14. 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'.
15. 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 .
16. 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
17. Sydney Morning Herald : Treasures looted and sold online (2 April 2009) This article comments on the concerning rate at which Aboriginal sites and artefacts are being destroyed in NSW. It is reported that these artefacts are beginning to appear for sale on auction websites.
Indigenous groups and heritage experts comment on the inability of the NSW cultural heritage regime to effectively preserve Indigenous heritage. In regards to the current regime, Wanarua traditional owner Victor Perry states: ‘They give you a report you can't understand and a bag of rocks after the dig and that's your heritage.'
The EDO is actively working for reform of NSW cultural heritage laws and has been providing assistance to Wanarua community members.
18. Dunoon and District Gazette : Never underestimate people power (April/May 2009) This article, written by a member of the Dunoon Community Group (DCG), reports that developer Hardie Holdings has withdrawn a development application (DA) regarding a residential subdivision at Dunoon. The decision to withdraw the DA occurred after a strong community campaign against the development. The article refers to the valuable assistance provided by EDO Northern Rivers' solicitors Sue Higginson and Ian Ratcliff to DCG.
19. The Northern Star : Organisers abandon Splendour trial (27 March 2009) This article reports that the organisers of the Splendour in the Grass music festival have decided to abandon plans to trial the festival at a new site at Yelgun on the NSW North Coast. The approval granted by Byron Shire Council to hold the event at the Yelgun site was challenged in the Land and Environment Court by environmental group Conservation of North Ocean Shores (CONOS) and the judgement of this decision is pending. EDO Northern Rivers has been representing CONOS in the proceedings. The event will be held at the existing site at Belongil Fields for 2009.
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
There are no new notices since the last eBulletin.
There are no new notices since the last eBulletin.
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.environm ent.gov.au/cgi-bin/epbc/epbc_ap.pl
The following referrals have been listed within the last 7 days:
24. Australia's first possible climate victim Last year, the White Lemuroid Ringtail possum was reported to have vanished from high-altitude rainforests in north Queensland, in the mountains that surround Port Douglas and Cairns. It was the first Australian mammal extinction attributed to rising temperatures and global warming, according to the research carried out by James Cook University.
The recent discovery of three brown lemuroid ringtails has provided hope that the White possum may not yet have reached extinction. A White possum has not been seen in the area for three years.
25. ACF Position vacancy: Kimberley Program Officer The Australian Conservation Foundation has been a strong and effective voice for the environment for 40 years and is committed to inspiring people to achieve a healthy environment for all Australians.
ACF is seeking a talented and experienced project manager to lead ACF's work in the Kimberley region. In this pivotal role, you will develop and manage diverse projects that deliver strong environmental and cultural outcomes to increase Indigenous led conservation through land and sea management initiatives.
Desirable applicants will possess exceptional advocacy skills and experience in building and nurturing strong relationships with Indigenous organisations in order to support the emergence of a culture and conservation economy for Indigenous communities in the region.
This position will be based in Broome. Indigenous Australians are encouraged to apply.
Visit www.acfonline. org.au/jobs for a full position description, or phone (03) 9345 1111 . Applications close 9am Monday 20 April 2009 .
26. 2009 Sustainability seminar series MOSS, the industry body for corporate responsibility and sustainability, has joined forces with Australian law firm Minter Ellison and industry specialists to help businesses understand their legal obligations, how to save money and survive and prosper in a low carbon economy.
Series Two: Licence to Operate, will cover Corporate Social Responsibility in the context of reducing carbon emissions, green-washing, green marketing and communication, stakeholder mapping, community engagement and reporting.
Series Two dates and venues:
Perth
Monday 11th May 8.30am - 1pm @ Minter Ellison, Level 49, Central Park, 152 - 158 St Georges Tce
Melbourne
Wednesday 13th May 8.30am - 1pm @ Minter Ellison, Level 23, Rialto Towers, 525 Collins St
Sydney
Thursday 14th May 8.30am - 1pm @ Minter Ellison, Level 19, 88 Phillip Street
Brisbane
Friday 15th May 8.30am - 1pm @ Minter Ellison, Level 22, Waterfront Place, 1 Eagle St
27. 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.
