0
 

Link to National EDO Home Page

Link to EDO Northern Rivers office home page. EDO Northern Rivers

Link to Green Power web site
The EDO supports the renewable energy industry by being a Green Power customer.

Environmental Defender's Office
New South Wales (Ltd)
Weekly Bulletin

EDO NSW Bulletin
eBulletin Archives
date published
number
674
672
671
670
669
668
667
666
665
664
663
662
661
660
659
658
657
656
655
654
653
652
651
650
649
648
647
646
645
644
643
642
641
640
639
638
637
636
635
634
633
632
631
630
629
628
627
626
625
624
623
[Subscribe to the weekly email bulletin]

EDO NSW BULLETIN 7 May 2009: No. 609

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 Seminar: Explaining the CPRS
2. Urgent applications for AYAD Placement: Legal Advisor - Kiribati
3. FREE EDO Workshop: Rural Landholder's Guide to Environmental Law - Bonalbo
4. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW

Law and Policy Watch

5. CPRS amended
6. Consultation on the National Parks and Wildlife Amendment Bill 2009
7. Report on the EPBC Act - Regional Forest Agreements
8. Expressions of interest: Joint Regional Planning Panels
9. National Strategy for Energy Efficiency
10. Federal Government's Energy White Paper
11. National Human Rights Consultation
12. Policy Submissions
13. Legislative Reviews

EDO in the Media

14. Sydney Morning Herald : Luxury homes plan for Currawong rejected (29 April 2009)
15. ABC News : River buffer decision puts coal off limits (6 May 2009)
16. Sydney Morning Herald : Norfolk warrior against rubbish (4 May 2009)

Environmental Law Notices - New South Wales

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. ACF Climate Change Forum
22. NCC Western Region Bushfire Management Workshop
23. Australia-Korea Next Generation Leaders Program - Green Growth
24. IAP2 Event: Changing Climate, Changing Communities, Engaging communities about adapting and responding to climate
25. Charter of Rights Conference


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)

Light refreshments will be provided. For more information, or to register your interest, call (02) 9262 6989.


2. Urgent applications for AYAD Placement: Legal Advisor - 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;
. Building capacity of local enforcement officers to address infringements of the Environment Act 1999;
. Building 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

Please note, the deadline for the application has been extended to this Friday 8 May and anyone interested in applying for the position is encouraged to contact Amelia Thorpe immediately (02) 9262 6989.


3. 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.

4. 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

5. CPRS amended
The Federal Government has announced substantial amendments to its proposed Carbon Pollution Reduction Scheme (CPRS). The following changes have been made to the existing scheme:

. A delay in the introduction of the Scheme of 12 months, until July 2011
. An increase in the upper carbon reduction limit to 25 per cent below 2000 levels by 2020 if the world agrees to an ambitious global deal to stabilise levels of CO2 equivalent at 450 parts per million or lower by 2050;
. A one year fixed price period during which carbon permits will cost $10 per tonne of carbon in 2011-12, with the transition to full market trading from July 1, 2012;
. A new global recession buffer to be provided as part of the assistance package for emissions-intensive trade-exposed industries.

For more information on the changes to the CPRS, visit http://www.pm.gov.au/media/Release/2009/media_release_0967.cfm

6. Consultation on the National Parks and Wildlife Amendment Bill 2009
The Department of Environment and Climate Change is consulting on a range of proposed amendments to the National Parks and Wildlife Act 1974 and Threatened Species Conservation Act 1995. The key amendments seek to streamline processes, provide consistency with similar environmental legislation and improve the effectiveness of these Acts. The main changes relate to the protection of Aboriginal cultural heritage, the management of Aboriginal land, management of national parks and wildlife licensing.

For more information on the consultation process, visit www.decc.nsw.gov.au/legislation/NPWamendmentBill2009.htm

The EDO and a number of other key environmental organisations are being consulted as key stakeholders. If you would like to provide your comments and concerns with the Bill, please contact pashton@ncc.nsw.org.au (Nature Conservation Council) or npansw@npansw.org.au (National Parks and Wildlife Association).

7. Report on the EPBC Act - Regional Forest Agreements
The Senate Committee on Environment, Communications and the Arts has released its second report on the operation of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The report focuses particularly on Regional Forest Agreements (RFAs) and the Committee draws heavily on the Tasmanian Wielangta Forest case in providing recommendations. In that case it was argued that RFAs were an alternative way of meeting the EPBC Act's objectives and should have comparable standards. 

The report states that 'the Committee recommends that the Independent Review consider the findings in this report and recommend proposals for reform that would ensure that RFAs, in respect of matters within the scope of Part 3 of the EPBC Act, deliver environmental protection outcomes, appeal rights and enforcement mechanisms no weaker than if the EPBC Act directly applied.'

The Wielangta case (at first instance before Marshall J of the Federal Court) demonstrated that the Tasmanian RFA was not protecting the Wielangta Stag Beetle, the Swift parrot or the Tasmanian Wedge-Tailed Eagle - the three endangered species found in the area. This parliamentary inquiry confirms this finding.

EPBC Act procedures are important in NSW forestry also, as there are few rights for individuals or community groups to take third party action to challenge or ensure forestry agreements are being met. The EPBC Act Review is due to report in October 2009 with recommendations for amendments to the Act. The EDO is hopeful that the review will ensure that RFAs can be properly enforced.

For more information on the Independent review of the EPBC Act, visit http://www.environment.gov.au/epbc/review/index.html

8. Expressions of interest: Joint Regional Planning Panels
The NSW Government is calling for expressions of interest for State-appointed member positions on joint regional planning panels (JRPPs). The panels are to be established as part of the Government's planning reforms. The role of the panels is to determine, and provide advice to the Planning Minister, on development proposals of regional significance. The panel members will be able to provide localised, expert and independent advice.

For more information on the panels, and the skills and experience required of candidates, visit http://www.planning.nsw.gov.au/planning_reforms/jrpp.asp

9. National Strategy for Energy Efficiency
The Council of Australian Governments (COAG) has drafted a 'National Strategy on Energy Efficiency 2009-2020'. The Strategy is designed to substantially improve minimum standards for energy efficiency and accelerate the introduction of new technologies. This is to be achieved through improving the regulatory processes and addressing the barriers to uptake of new energy-efficient products and technologies.

Improving the energy efficiency of homes and businesses is intended to enable compliance with the Australian Government's Carbon Pollution Reduction Scheme (CPRS), which is the primary scheme aimed at reducing greenhouse gas emissions.

The Strategy incorporates and builds on measures already agreed by COAG and the Ministerial Council on Energy through the National Framework on Energy Efficiency. Mechanisms provided for in the Strategy include raising the mandatory energy efficiency standard for new homes from 5 stars to 6 stars and an expansion of the Renewable Energy Target for the year 2020.

The draft Strategy can be accessed at http://www.coag.gov.au/...

10. Federal Government's Energy White Paper
The Federal Government is developing an Energy White Paper to guide the development of and investment in the Australian energy sector.  Climate change has largely been neglected in the development of the White Paper. Six discussion papers have been released on the following issues:

. Realising Australia's Energy Resource Potential, available at: http://www.ret.gov.au/energy/...202009.pdf
. Governance, institutional, legal regulatory frameworks and community engagement, available at: 
http://www.ret.gov.au/energy/...
202009.pdf
. International Energy, available at: http://www.ret.gov.au/energy/...202009.pdf
. Investment, competitive markets and Structural Reform, available at: http://www.ret.gov.au/energy/...202009.pdf
. Maximising the value of technology in the energy sector, available at: http://www.ret.gov.au/energy...202009.pdf
. Our people demographics and indigenous participation, available at: http://www.ret.gov.au/energy/...202009.pdf

Public comment has been invited on the discussion papers and submissions are due 29 May 2009. For more information on the Energy White Paper, visit http://www.ret.gov.au/energy/facts/white_paper/Pages/default.aspx

11. National Human Rights Consultation
In December 2008, the Federal Government launched a national public consultation about the legal recognition and protection of human rights and responsibilities in Australia. The National Human Rights Consultation is an historic opportunity for individuals and communities throughout Australia to improve democracy and to have a say about the protection of fundamental values such as freedom, respect, and dignity.

The Human Rights Law Resource Centre has produced a comprehensive report to enable individuals and organisations to participate in the National Human Rights Consultation in an informed and evidence-based way. It is intended to provide important background information for those seeking to engage in the consultation.

The report is available here http://www.hrlrc.org.au/html/...

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/...

12. Policy Submissions
.  Senate Legal and Constitutional Affairs Committee Review of Access to Justice
The EDO has now completed its submission to the inquiry and it will be made available in the coming days on the website at http://www.edo.org.au/edonsw/site/policy.php

.  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

.  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.

Public submissions close 29 May 2009. The EDO is currently preparing a submission. For more information visit http://www.environment.gov.au/biodiversity/strategy/review.html

.  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.

For more information, and to download the draft bills, visit http://www.pmc.gov.au/consultation/foi_reform/index.cfm

.  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/...

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.

13. Legislative Reviews
Legislation in NSW is usually reviewed after five years.  A review is carried out to determine whether the policy objectives of an Act remain valid and whether the means of addressing these objectives are appropriate.  The following Acts are shortly due for review: 

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

In anticipation of these reviews, the EDO is gathering information on key issues of concern, problems with implementation and suggestions for improvement.  Please contact Robert Ghanem (02) 9262 6989 if you would like to contribute.  

EDO in the Media

14. Sydney Morning Herald : Luxury homes plan for Currawong rejected (29 April 2009)
This article reports on the decision by the NSW Minister for Planning, Kristina Keneally, to refuse a development application for the subdivision and development of Currawong Beach on Pittwater to allow for residential development. The site is now to be listed on the State Heritage Register.

The EDO applauds the Minister on exercising her discretion to refuse this application, with the decision being based on sustainability, climate change, heritage and other considerations. Only weeks earlier the EDO, on behalf of resident action group Friends of Currawong, had initiated proceedings challenging the Minister's authority to approve the project due to the fact that the development was proposed in a sensitive coastal location and the Pittwater Local Environment Plan prohibited parts of the development. It is pleasing to see in this case that the pressure provided by a legal challenge has resulted in positive outcomes for the client and for the environment.

The full text of the article can be accessed at http://www.smh.com.au/...

The Minister's media release can be found at http://www.planning.nsw.gov.au/mediarelplan/fs20090429_840.html

The Manly Daily : Currawong saved (29 April 2009)
This article also reports on the decision by the NSW Planning Minister to refuse the controversial development at Currawong on Pittwater and to list the site on the State Heritage Register.

The full text of the article is available at http://manly-daily.whereilive.com.au/...

15. ABC News : River buffer decision puts coal off limits (6 May 2009)
In approving an upgrade to Coal and Allied's Hunter Valley operations, the government has rejected a proposal to reduce the buffer zone of the Hunter River from 150m to 100m.

To read the full text of the news item, visit http://www.abc.net.au/news/stories/2009/05/06/2562435.htm

16. Sydney Morning Herald : Norfolk warrior against rubbish (4 May 2009)
This article describes certain environmental concerns being expressed by Norfolk Island residents regarding waste disposal on the Island. An environmental group, EcoNorfolk has formed and are placing pressure on the Federal Environment Minister, Peter Garrett, to address the problem.

The EDO has been liaising with the Norfolk Island residents regarding this issue and providing assistance in raising it with Mr Garrett.

The full text of the article can be found at http://www.smh.com.au/national/...

Law Notices - New South Wales

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

.  Richmond Valley Council: Sand Extraction, Cabbage Tree Creek

18. 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.

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

There are no new notices since the last eBulletin.

Environmental Law Notices - Commonwealth

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:

Queensland
Energex Limited/Energy generation and supply (non-renewable)/Between Brendale and Rothwell/QLD/Duplication of the South Pine to Hays Inlet 110kV overhead power transmission line
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl...4870

Gloucester Eco Village Pty Ltd/Tourism and recreation/Lot 51 on SP212259, Gloucester Avenue, Cape Gloucester/QLD/Expansion of Existing Resort Facilities to Establish an Eco Resort and Village
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl...id=4869

Moreton Bay Water/Waste management (sewerage)/Donnybrook to Ningi/QLD/Construction of Sewerage Pipeline
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl...id=4868

New South Wales
Transport Infrastructure Development Corporation/Transport - land/Between Quakers Hill and Vineyard in north-west Sydney/NSW/Duplication of the single rail line between Quakers Hill and Vineyard
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl...id=4872

ACT
Department of Finance and Deregulation/Commonwealth/22 National Circuit Barton/ACT/Construction of a New Office Building
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl...id=4871

Christmas Island
Attorney-General's Department/Commonwealth/Multiple Buildings/Christmas Island/Asbestos Removal from Various Buildings and Sites
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl...id=4873

Community News

21. ACF Climate Change Forum
The Australian Conservation Foundation (ACF), in partnership with Intrepid Travel invites you to attend this public forum at which ACF President Professor Ian Lowe and Tony Mohr, ACF's Manager of the Climate Change program, will discuss a responsible approach to climate change and what must be done now to ensure a sustainable Australia.

Date: 14 May 2009
Time: 6.30pm - 9.30pm
Venue: The Gallery Function Centre, 6 Tower Building CB01, UTS Sydney, Broadway

A BBQ will be provided and donations of $10 to cover costs would be much appreciated.

For more information on this event, and to RSVP, please call 1800 223 669.

22. NCC Western Region Bushfire Management Workshop
The two-day workshop will focus on bushfire management in terms of implications for biodiversity with a special focus on Travelling Stock Routes management and the consequences of altered fire regimes in the face of climate change.

The interactive workshop will include speakers from:
. Charles Sturt University
. NSW Rural Fire Service
. QLD Travelling Stock Route Reserve Network
. NSW Rural Lands Protection Board

Date: Saturday 9 May and Sunday 10 May 2009
Venue: The Kelso Hotel, Bathurst

For more information, visit http://nccnsw.org.au/index.php...

23. 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.

For more information on the program, please visit http://www.usyd.edu.au/riap/leadership/NGLP/

Applications close 8 May 2009.

24. 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.

Time: 8.30am - 5.30pm
Date: Friday 31 July 2009
Venue: Rydges Carlton, 701 Swanson St, Carlton Victoria
Cost: $240 members, $280 non-members, $150 concession

For more information, visit http://www.iap2.org.au/events/id/236/title/...

25. 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)

To register, visit http://cle.younglwayers.com.au or call Christina Piazza on (02) 9926 0270

 

Untitled Document

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

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

 

EDO NSW home

This site was last updated Tuesday 31 August, 2010
© 2010 Environmental Defender's Office (Ltd) NSW
Home
| Disclaimer | Privacy | Contact Us | Support the EDO