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. Pacific Calling and EDO Workshop: Explaining the CPRS
2. AYAD Placement: Legal Advisor - Ministry of Environment, Lands & Agricultural Development, Kiribati
3. NEW Updated EDO Fact Sheets
4. FREE EDO Workshop: Rural Landholder's Guide to Environmental Law - Bonalbo
5. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW
Law and Policy Watch
6. Illegal Dredging Costs Hunter Valley Operator $19,000
7. LEC Judge rejects illegal clearing prosecution as an abuse of process
8. Prototype hybrid electric vehicle released
9. National Human Rights Consultation
10. Policy Submissions
11. Legislative Reviews
EDO in the Media
Environmental Law Notices New South Wales
12. Major Project Proposals Invitation to Comment
13. State Conservation Notices Invitation to Comment
14. Department of Lands Public Exhibition
Environmental Law Notices Commonwealth
15. EPBC Referrals Invitation to Comment
Community News
16. Hungry for Change: Shaping food policies that are fair and sustainable
17. AYAD Assignments for Intake 26
18. Banksia Environmental Awards 2009
19. EPLA Function: Welcome of Justice Pepper to the LEC
20. Australia-Korea Next Generation Leaders Program Green Growth
21. IAP2 Event: Changing Climate, Changing Communities, Engaging communities about adapting and responding to climate
22. Legalwise Seminars: Climate Change Law Liabilities and Opportunities
23. Charter of Rights Conference
24. Fair Trade Fiesta
EDO News and Events
1. Pacific Calling and EDO Seminar: Explaining the CPRS
The Edmund Rice Centre's Pacific Calling program, in partnership with the EDO, would like to invite you to this free morning seminar explaining the ins and outs of the Federal Government's Carbon Pollution Reduction Scheme (CPRS). The seminar aims to give a broad plain-language overview of the CPRS and the various implications of its implementation in Australia.
Time: 10am til 12pm
Date: Tuesday 2 June 2009
Venue: Parish Hall, 15 Henley Rd, Homebush West (next to the Edmund Rice Centre)
For more information, or to register your interest, call (02) 9262 6989.
2. 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:
Enhancing understanding and knowledge of Kiribati environmental, and related laws within the Civil Society;
Build capacity of local enforcement officers to address infringements of the Environment Act 1999;
Build capacity within the Ministry to deliver sound and timely legal services.
The essential minimum qualifications and experience required of the nominated candidate include:
Tertiary qualification in law
Admission as a barrister or solicitor in an Australian jurisdiction or equivalent legal qualification
At least 12 months experience in environmental law, including practical experience relevant to the implementation/enforcement of relevant environmental laws.
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, as well as a full position description, are provided on the EDO website at http://www.edo.org.au/edonsw/site/jobs_ayadlegaladvisor090420.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 any inquiries, please contact Amelia Thorpe (02) 9262 6989.
3. 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.
The EDO would like to thank Lisa Ogle for the time and effort she invested in this project.
4. 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.
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.
Law and Policy Watch
6. Illegal Dredging Costs Hunter Valley Operator $19,000 The Downing Centre Local Court has imposed a fine of $18,000 plus costs on Hexxon Minerals Pty Ltd, after finding the company guilty of illegally dredging 2,000 tonnes of sand at Wollombi brook (near Singleton NSW) without a valid permit under the Rivers and Foreshore Improvement Act 1948.
According to David Harriss, NSW Deputy Director General of Water Management, all permits issued under the Rivers and Foreshore Improvement Act are subject to a number of conditions for the protection of the natural environment. Hexxon's actions of dredging without proper consent were likely to have caused environmental harm.
The legislation under which the offence occurred was recently amended, with in-stream activities now requiring a controlled activity' approval under the Water Management Act 2000.
Under the Water Management Act 2000, the maximum penalty against a corporation for carrying out dredging operations without an approval is $1.1 million, and in the case of a continuing offence, a further penalty of $132,000 for each day the offence continues.
7. LEC Judge rejects illegal clearing prosecution as an abuse of process: Director General, Department of Environment and Climate Change v Epacris Pty Ltd [2009] NSWLEC 42 Epacris Pty Limited and its Director, Mr David John Gleeson were charged with an offence under Part 2 of the Native Vegetation Conservation Act 1997 (NVC Act) (now repealed), when they were found guilty of clearing approximately 423 hectares of native vegetation on a property on the Namoi River.
The defendants were served with a notice by the Director-General of the Department of Infrastructure, Planning and Natural Resources, requiring that certain remediation work be carried out on the site to rectify the damage and avoid prosecution.
Following various other steps in the proceedings, the Director-General of the Department commenced prosecution of the defendants for contravention of Part 2 of the NVC Act. The defendants applied for orders to have the proceedings permanently stayed as an abuse of process, claiming that the wording of the notice suggested that compliance with the notice would prevent their being prosecuted.
Justice Lloyd of the NSW Land and Environment Court held that the notice had been ambiguous, and that in cases of ambiguity, it is desirable to give a beneficial construction in favour of the person to whom the notice is given'. He found that the circumstances in this case gave rise to an unfairness and an injustice to the defendants amounting to an abuse of process'. Lloyd J concluded that the proceedings should be permanently stayed.
8. Prototype hybrid electric vehicle released Australia's first hybrid-electric car has been released, capable of supplying energy to the grid during peak demand and able to be charged using renewable energy. The car, called SWITCH, is believed to be able to produce 2.8 tonnes less carbon dioxide than other comparably sized cars using conventional combustion engines.
The car has been engineered by researchers at the University of Technology Sydney and funded by the NSW Government. SWITCH will be trialled as a fleet vehicle by staff at the Department of Environment and Climate Change with the results to be posted on the Department's website at http://www.environment.nsw.gov.au/cleancars/index.htm
9. National Human Rights Consultation In December 2008, the Federal Government launched a national public consultation about the legal recognition and protection of human rights and responsibilities in Australia. The National Human Rights Consultation is an historic opportunity for individuals and communities throughout Australia to improve democracy and to have a say about the protection of fundamental values such as freedom, respect, and dignity.
The Human Rights Law Resource Centre has produced a comprehensive report to enable individuals and organisations to participate in the National Human Rights Consultation in an informed and evidence-based way. It is intended to provide important background information for those seeking to engage in the consultation.
ANEDO will be preparing a submission that seeks to highlight the need for greater protection of human rights, focusing on those relating to the environment. For an example of this work, visit the EDO ACT's website at http://www.edo.org.au/edoact/ and access their 2005 submission on Human Rights legislation in the ACT'.
Public submissions for the consultation have been invited. The date for public submissions has now been extended to Monday 15 June 2009. Submissions can be sent electronically or by post. More information is available from http://www.humanrightsconsultation.gov.au/www/nhrcc/nhrcc.nsf/...
10. Policy Submissions Draft Sea Level Rise Policy Statement
The EDO has completed a submission to the NSW Department of Environment and Climate Change (DECC), providing comment on their Draft Sea Level Rise Policy Statement. The submission can be accessed on the EDO website at http://www.edo.org.au/edonsw/site/policy.php#1
Aboriginal Land Management Framework
The EDO has now completed its submission on the Aboriginal Land Management Framework, discussing issues surrounding Indigenous access to public and private lands. The submission is now available on the website at http://www.edo.org.au/edonsw/site/policy.php#5
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:
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.
11. 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
There were no relevant media items this week.
Law Notices New South Wales
12. 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
Liverpool Plains: Werris Creek Coal Mine Modification to Mining Area and Related Activities
13. 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/...
There are no new notices since the last eBulletin.
There are no new notices since the last eBulletin.
Environmental Law Notices Commonwealth
15. 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:
Northern Territory
Minemakers Australia Pty Ltd/Mining/South of the Barkly Highway, 260km east of Tennant Creek/NT/Wonarah Phosphate Mine and associated infrastructure http://www.environment.gov.au/cgi-bin/epbc/...
Commonwealth Marine
Auralandia NL/Exploration (mineral, oil and gas marine)/190 km NE of Ashmore Reef-Cartier Island Group/Commonwealth Marine/2D or 3D Marine Seismic Survey in Petroleum Permit Area AC/P35 http://www.environment.gov.au/...id=4864
Community News
16. Hungry for Change: Shaping food policies that are fair and sustainable The Sydney Food Fairness Alliance (SFFA) would like to invite you to the first of a series of public events addressing sustainable food policies. SFFA was formed in 2005 to co-ordinate the efforts of rural producers, health professionals, community workers and community-based advocates active in developing a socially, economically and environmentally sustainable food system. This series of public events will culminate in a two-day Food Summit on 22-23 October this year.
Time: 9am 1pm
Date: Tuesday 5 May 2009
Venue: NSW Parliament House, Macquarie St Sydney
For more information, or to register your interest, contact Jocelyn Howden at Jocelyn.howden@parliament.nsw.gov.au or call (02) 9230 2603. RSVPs must be received by 30 April.
17. AYAD Assignments for Intake 26 AusAID's Australian Youth Ambassador for Development (AYAD) program has released the assignments available for Intake 26. The program places skilled 18-30 year olds in volunteer assignments within developing countries in the Asia Pacific Region for periods of 3-12 months. Assignments cover a wide range of sectors, including environment and governance.
For more information and to access the assignments, visit www.ayad.com.au
18. Banksia Environmental Awards 2009 The Banksia Environmental Foundation invites entries for the Banksia Category Awards, reflecting the sustainability issues most relevant to Australia coming into the 21st Century. The Prime Minister's Environmentalist of the Year Award and the Environment Minister's Young Environmentalist of the Year Award acknowledge Australians of all ages who are making an outstanding contribution to protecting and caring for our environment. Entries for both awards close on 4 May 2009.
19. EPLA Function: Welcome of Justice Pepper to the LEC The Environmental and Planning Law Association (EPLA) invites members and friends of EPLA to a cocktail function to welcome the new Justice Rachel Pepper to the NSW Land and Environment Court. The event will also celebrate Senior Commissioner Tim Moore's appointment to the Court.
Time: 5.30pm to 8pm
Date: Friday 22 May 2009
Venue: The Royal Exchange Sydney, 1 Gresham Place, Sydney
Cost: $55 (EPLA members); $66 (non-members)
For more information and to register for the function, contact Michele Kearns at EPLA on (02) 8227 9600 or email kearns@mpchambers.net.au
20. Australia-Korea Next Generation Leaders Program Green Growth The Research Institute for Asia and the Pacific, at the University of Sydney, is currently inviting early to mid-career professionals to apply for the 2009 Australia-Korea Next Generation Leaders Program (NGLP). The leadership exchange program has been initiated by the Australia-Korea Foundation of the Department of Foreign Affairs and Trade and managed by the Institute since 2007. It aims to develop the leadership skills of potential and current leaders from Australia and Korea in specifically identified subject areas or themes.
This year, the theme is Green Growth' and from 27 June to 6 July Australian delegates will be travelling to Korea to participate in a number of leadership briefings, networking events and specialist meetings with their green technology and sustainability counterparts.
21. IAP2 Event: Changing Climate, Changing Communities, Engaging communities about adapting and responding to climate The International Association for Public Participation Australasia would like to invite you to attend this full-day forum in Victoria focusing on engaging with communities on climate change issues. The event will examine how and why communities need to be engaged about two critical issues: first, how we can adapt as a community to the long term impacts of a changing climate, and secondly, how we can respond to extreme events that are a direct result of climate change.
22. Legalwise Seminars: Climate Change Law Liabilities and Opportunities This one-day seminar will cover various aspects of climate change law, including:
The latest climate change science
Reviewing the design and operation of the Draft CPRS Legislation
Simplifying the complexities of reporting requirements and compliance
Negotiating the trade of carbon in domestic and international markets
Analysing the impact of the CPRS on different industry sectors
Reducing climate impacts on property and infrastructure development
Challenging adverse government decisions
Guest speakers from the private and public sectors will explore these topics and others. Practitioners may claim CLE points for attending this seminar.
Date: Wednesday 3 June 2009
Venue: Radisson Plaza Hotel, 27 O'Connell Street, Sydney
Cost: $899 (non-members) $809 (members)
23. Charter of Rights Conference NSW Young Lawyers Public Law and Government Committee invites you to this upcoming special Charter of Rights Conference, focusing not only on the theoretical and policy aspects of a Charter of Rights, but also on the practical implications of a Charter of Rights. Guest speakers, including academics and practitioners, will consider various issues surrounding a proposed Charter in Australia. Practitioners may claim CLE points for attending this event.
Date: Saturday 9 May 2009
Venue: State Library of NSW, Macquarie St Sydney
Cost: $149 (Law Society Member) $159 (Non-member) $99 (CLC/Not-for-profit/Student)
24. Fair Trade Fiesta The Edmund Rice Centre would like to invite you to this fair trade event at Paddington Town Hall, showcasing a range of Fair Trade foods and gifts.
Time: 1-3pm (school groups); 6-9pm (general public)
Date: Thursday 7 May 2009
Venue: Paddington Town Hall, Oxford St
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.
