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. NEW Updated EDO Fact Sheets
2. FREE EDO Workshop: Rural Landholder's Guide to Environmental Law - Bonalbo
3. AYAD Placement: Legal Advisor - Ministry of Environment, Lands & Agricultural Development, Kiribati
4. AYAD Placement: Senior Legal Officer - Ministry of Natural Resources & Environment, Samoa
5. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW
6. EDO WA: Office Coordinator position vacancy
Law and Policy Watch
7. Pest control company fined for water pollution: Environment Protection Authority v Ross [2009] NSWLEC 36
8. Record fine in South Australia for oil spill: Circelli v Mulhern's Waste Oil Removal Pty Ltd [2009]
9. South Australian Plastic Shopping Bags (Waste Avoidance) Act 2008 to commence
10. Draft Newcastle-Lake Macquarie planning strategy
11. Mining Amendment Regulation 2009
12. CPRS Fuel Tax Adjustments
13. Queensland endangered regrowth vegetation under moratorium
14. National Human Rights Consultation
15. Policy Submissions
16. Legislative Reviews
EDO in the Media
17. South Coast Register : Terara residents hint at legal action (15 April 2009)
18. Rural Press : Council faces court over Big W decision (14 April 2009)
19. Sydney Morning Herald : Small farmers take fight to mighty miner (13 April 2009)
20. Sustainable Development Law & Policy (US): Could Litigation Help Torres Strait Islanders Deal with Climate Impacts? (Vol IX, Issue 2)
Environmental Law Notices New South Wales
21. Major Project Proposals Invitation to Comment
22. State Conservation Notices Invitation to Comment
23. Department of Lands Public Exhibition
Environmental Law Notices Commonwealth
24. EPBC Referrals Invitation to Comment
Community News
25. 2009 Environmental Trust Grants available
26. Sydney University course: Sustainable Development Law in China
27. Fire Ecology Workshop
28. ACF Position Vacancy: Healthy Ecosystems Campaigner
29. EIANZ Event: The essentials for environmental experts
30. Climate Change Adaptation Information Sharing Forum
31. ACF Position vacancy: Kimberley Program Officer
EDO News and Events
1. NEW Updated EDO Fact Sheets
EDO (NSW) has now completed the lengthy process of updating all of its legal fact sheets. The fact sheets are a helpful resource for anyone seeking to understand how to use the law to protect the environment. They cover most aspects of environmental law in plain language text and are available in html and pdf format.
2. FREE EDO Workshop: Rural Landholder's Guide to Environmental Law - Bonalbo The EDO will soon be presenting a FREE environmental law workshop for NSW landholders. The workshop will provide an overview of some of the key laws relevant to rural landholders, including vegetation and bushfire management, agricultural chemicals, plantations, private native forestry and carbon offsets, biobanking and voluntary conservation.
Date: Saturday 16 May 2009
Time: 10am to 3pm
Venue: Bonalbo Bowling and Recreation Club, 9/11 Clarence Way Bonalbo
Lunch and light refreshments will be provided. For more information or to RSVP, please contact the EDO on (02) 9262 6989.
This workshop has been assisted by the NSW Government through its Environmental Trust.
3. AYAD Placement: Legal Advisor - Ministry of Environment, Lands & Agricultural Development, Kiribati The EDO invites applications from young Australians (aged 18-30) interested in a Legal Advisor role with the Environment and Conservation Division (ECD) of the Ministry of Environment, Lands and Agricultural Development, Tarawa, Kiribati, 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 Australians 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 the ECD in tasks including:
Identifying gaps in the understanding and knowledge of environmental laws among Ministry staff, prioritising those that affect their everyday work;
Developing training materials and carrying out training workshops to address these gaps;
Providing general advice on environmental law and related legal issues;
Working with local community groups developing community education programs to address knowledge gaps.
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.
Applications to be considered for nomination by the EDO are to be emailed to and must be received by 1 May 2009.
For more information, and a full position description, please contact Amelia Thorpe (02) 9262 6989.
4. 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 Australians 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.
Applications to be considered for nomination by the EDO are to be emailed to and must be received by 20 April 2009.
For more information, please contact Amelia Thorpe (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 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
7. Pest control company fined for water pollution: Environment Protection Authority v Ross [2009] NSWLEC 36 The defendant, Mr Harold Ross admitted to an offence under section 120 of the Protection of the Environment Operations Act 1997 (POEO Act) for polluting Dungay Creek with a liquid insecticide Bifenthrin he had used to spray the creek banks and surrounding area. Mr Ross and his son had carried out the chemical spraying for a film company leasing the site. The pollution resulted in the death of some 200 crayfish and other marine species in the creek.
Justice Pain of the Land and Environment Court found the harm to be reasonably serious. She held that the defendant had neglected to follow directions on the insecticide label by using the chemical near a waterway and failing to provide a buffer zone. The defendant was fined $18,000 plus the Prosecutor's costs of $23,000.
8. Record fine in South Australia for oil spill: Circelli v Mulhern's Waste Oil Removal Pty Ltd [2009] The defendant, Mulhern Waste Oil Removal, held two licences authorising the company to operate its waste oil collection business according to certain conditions. The company pleaded guilty to a an offence under section 79(2) of the Environment Protection Act 1993 , of polluting the environment causing serious environmental harm, as well as to offences relating to breaches of various licence conditions. The defendant was fined a total of $460,000 for the offences, a record fine in South Australia for a pollution offence.
9. South Australian Plastic Shopping Bags (Waste Avoidance) Act 2008 to commence The South Australian law forcing retailers to provide consumers with an alternative means of carrying goods to regular checkout plastic bags will commence operation on 4 May 2009. From that day, fines will be issued to stores in South Australia continuing to use checkout-style plastic bags.
National Waste Policy Consultation Paper released The federal Minister for the Environment has released the consultation paper, A National Waste Policy: Managing Waste to 2020'. The aim of the policy is to identify best practice in waste management and resource recovery, and to ensure Australia achieves a balance between incentives and regulation. Public comment on the policy is invited until 13 May 2009.
10. Draft Newcastle-Lake Macquarie planning strategy The NSW Department of Planning has released a draft strategy detailing plans for new residential and employment lands and increased conservation areas in the western parts of Newcastle and Lake Macquarie local government areas. The strategy seeks to guide future development consistently with the Lower Hunter Regional Strategy (the NSW Government's 25-year plan for the area) and identifies infrastructure that is likely to be required to support the proposed employment and housing precincts.
11. Mining Amendment Regulation 2009 The Mining Amendment Regulation 2009 aims to amend the Mining Regulation 2003 in respect of: (a) the abolition of the Wardens' Courts, and (b) the necessary qualifications of a person to whom objections to mining leases and proposed opal prospecting areas are referred.
12. CPRS Fuel Tax Adjustments Exposure draft legislation and explanatory materials for the Carbon Pollution Reduction Scheme Fuel Tax Adjustment Arrangements have been released, detailing the cent-for-cent' excise reduction that will offset the impact of emission pricing on all fuels. The draft legislation sets out how the Government will provide transitional assistance to the agriculture, fishing and heavy on-road transport industries through a new CPRS fuel credit' scheme.
13. Queensland endangered regrowth vegetation under moratorium Queensland Minister for Natural Resources, Mines and Energy, Stephen Robertson has moved to implement a moratorium on the potential clearing of over a million hectares of endangered regrowth vegetation. Legislation is being prepared that will effectively prohibit the clearing of endangered regrowth vegetation in rural areas across Queensland, including riparian areas in Mackay/Whitsunday, Wet Tropics and Burdekin reef catchments.
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 CPRS Submission
The EDO's submission on the Carbon Pollution Reduction Scheme is now complete and will be made available on our website in the coming days at http://www.edo.org.au/edonsw/site/policy.php
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.
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 20102020.
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.
Commonwealth FOI 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. The EDO is currently preparing a submission on the draft bills.
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. South Coast Register : Terara residents hint at legal action (15 April 2009) This article refers to assistance provided by the EDO to a group of residents at Terara on the South Coast of NSW seeking to oppose a development application in their village. The residents' concerns are that the rural shed which is the subject of the application is to be erected on flood-prone land.
18. Rural Press : Council faces court over Big W decision (14 April 2009) This article reports that the Moree Plains Shire Council is facing a legal challenge to its decision to approve the construction of a new Big W store on Taylor Oval in Moree. The article quotes one of the members of the Moree Murri Taskforce, Lyall Munro, regarding the group's opposition to the development. The EDO has been providing assistance to the Taskforce and will be representing the group in the proceedings, to be heard in the Land and Environment Court next month.
19. Sydney Morning Herald : Small farmers take fight to mighty miner (13 April 2009) This article discusses the legal dispute between farmers at Caroona on the Liverpool Plains, NSW and mining company BHP Billiton. Caroona farmers recently appeared in the mining warden's court, challenging the exploration licence granted to BHP on the basis that drilling methods used by BHP could risk contaminating deep aquifers supporting the rich farmland area.
20. Sustainable Development Law & Policy (US): Could Litigation Help Torres Strait Islanders Deal with Climate Impacts? (Vol IX, Issue 2) This article, written by EDO's Principal Solicitor Kirsty Ruddock in collaboration with Dr Donna Green, appearing in the Washington College of Law's quarterly journal, looks at the potential for litigation as a remedy to assist Torres Strait Islanders to deal with climate change. The article considers the legal basis for holding a party responsible for physical damage to Torres Strait Islands, and cultural damage to Islander society.'
21. 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
City of Sydney: Skyview Ferris Wheel, Darling Harbour
There are no new notices since the last eBulletin.
Environmental Law Notices Commonwealth
24. 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:
25. 2009 Environmental Trust Grants available Under the NSW Environmental Trust Grants program, more than $6 million worth of grants are available for environmental projects. Applications from schools, non-profit associations and Aboriginal community and state and local organisations are now invited.
26. Sydney University course: Sustainable Development Law in China Sydney University Law School would like to invite applicants for the Sustainable Development Law in China course, to be hosted by Shanghai Jiao Tong University in Shanghai on 7-18 June 2009.
The course seeks to cover the following objectives:
To undertake an intensive series of lectures and field trips in Shanghai, People's Republic of China;
To acquire an introduction to the legal and institutional framework of environmental law and policy in China;
To analyse Chinese environmental law and policy from a jurisprudential and/or a comparative law viewpoint;
To complete a supervised research paper (students enrolled for award purposes only).
The unit can be enrolled in on a Legal Professional Development basis or a non-award basis.
For more information on the course and to apply, contact Professor Ben Boer at B.Boer@usyd.edu.au or call (02) 9351 0465.
27. Fire Ecology Workshop The Community Environment Network would like to invite you to a fire ecology workshop, with presenters from National Parks, Gosford Council, the Rural Fire Services Firewise program and the Nature Conservation Councils' Hotspots program. The workshop is an opportunity to hear these experts talk about the ecological role of fire in our ecosystems.
Date: Friday 17 April 2009
Time: 9.45am 1.30pm
Venue: Mangrove Mountain Memorial Club, Hallards Road, Central Mangrove
Cost: Free for Land for Wildlife members and $5 for others
For more information and to RSVP, contact Tony Wells on (02) 4349 4754 or email landforwildlife@cen.org.au by 15 April.
28. ACF Position Vacancy: Healthy Ecosystems Campaigner The Australian Conservation Foundation is seeking a full-time dedicated and persuasive communicator to lead a public campaign that will win unprecedented protection and restoration for Australia's most precious rivers, floodplains and wetlands. The successful candidate will have a strong understanding of Australia's political landscape and a track record of inspiring social change. They will be a talented networker, able to work closely with others to achieve public and political support.
This full-time position can be based in Melbourne or Canberra. Salary of $76,230 per annum including superannuation.
Applications close 9am Monday 27th of April 2009.
Please address the experience, skills, personal attributes and qualifications required and send your email applications only to:
29. EIANZ Event: The essentials for environmental experts The Environmental Institute of Australia and New Zealand (EIANZ) invites environmental and legal practitioners to this course dealing with crucial issues for environmental experts in and out of the courts. Topics to be covered include:
Expert witness roles and requirements
Giving evidence procedures and processes
Engaging lawyers and professionals
Ethical responsibilities
How documents written in everyday practice are looked upon in a court case
Dates: 28 & 29 May 2009
Venue: Clayton Utz, 1 O'Connell St, Sydney
This course will count for 10 hours towards your Professional Development requirements.
30. Climate Change Adaptation Information Sharing Forum The Climate Change Adaptation and Infrastructure Program at the Australian Security Research Centre invites expressions of interest in this multi-organisation showcase of experiences, tools, projects and courses from practitioners, policy makers, researchers and educators. The aim of the forum is to share information on how organisations, communities and regions are adapting to climate change. The event is to be held on Tuesday 22 September in Canberra.
Presentations are currently being sought. Potential presenters are requested to email admin@securityresearch.org.au with the title of their proposed address and an outline of the contents by 30 June 2009.
31. 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.
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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.
