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. Splendid win in Land and Environment Court for NSW biodiversity hub
2. Pacific Calling and EDO Seminar: Explaining the CPRS
3. EDO Workshop in Bonalbo cancelled
4. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW
Law and Policy Watch
5. Nominations for National Parks and Wildlife Regional Advisory Committees
6. Federal Environment Minister acts to protect Superb Parrot
7. Habitual abalone offender sent to jail
8. Federal Government introduces Green loans
9. ACCC draft advice for water planning, management charge rules
10. Consultation on the National Parks and Wildlife Amendment Bill 2009
11. Federal Government's Energy White Paper
12. National Human Rights Consultation
13. Policy Submissions
14. Legislative Reviews
EDO in the Media
15. The Northern Star: Byron Splendour plans in doubt (8 May 2009)
16. ABC Local Radio: Interview with CONOS President Bob Oehlman (8 May 2009)
17. NBN and Prime TV News: Splendour court case (Thursday 7 May 2009)
Environmental Law Notices New South Wales
18. Major Project Proposals Invitation to Comment
19. State Conservation Notices Invitation to Comment
20. Department of Lands Public Exhibition
Environmental Law Notices Commonwealth
21. EPBC Referrals Invitation to Comment
Community News
22. NCC Event: Planet in Crisis Where to from here?
23. Austraining Position Vacancies: Fiji and Indonesia-based Regional Managers
24. New7Wonders of Nature Campaign
25. Public Forum: Trading Water for Coal
26. Arts Law Seminar
EDO News and Events
1. Splendid win in Land and Environment Court for NSW biodiversity hub CONOS (Conservation Of North Ocean Shores Inc), represented by the EDO, was successful in its Land and Environment Court challenge to the development consent for the Splendour in the Grass Music Festival.
The Chief Judge of the Land and Environment Court has found that Byron Shire Council acted outside of its power when it granted consent to Splendour in the Grass to hold a music festival on high conservation value lands north of Byron Bay.
A significant part of the land the subject of the development consent is zoned for habitat protection under the Byron Shire Local Environmental Plan. The Court found that the development is properly characterised as a temporary place of assembly which is a prohibited use in the habitat zone.
The habitat zoning on the land was put in place after a detailed Commission of Inquiry in 1998 that had before it scientific evidence of the significance of the wildlife corridor on the land. The corridor is a regionally significant wildlife corridor linking coastal ecosystems to world heritage hinterland ecosystems. The development would have seen substantial earth works on the land to accommodate the music festival including a 25 metre wide tunnel excavated through the wildlife corridor requiring the removal of native vegetation and wildlife habitats.
The EDO was ably led by Mr Tomasetti Senior Counsel and Mr Eastman of Counsel. The EDO greatly appreciates their assistance in running important public interest matters.
2. 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: 9.30am for a 10am start 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.
3. EDO Workshop in Bonalbo cancelled Due to a lack of interest, the workshop titled Rural Landholder's Guide to Environmental Law', to be held Saturday 16 May , has been cancelled. The EDO apologises for any inconvenience caused. If you have any questions regarding this workshop, please contact the Office on (02) 9262 6989 .
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 or call (02) 9262 6989. Boxes of 160 are also available on request for groups or organisations.
Law and Policy Watch
5. Nominations for National Parks and Wildlife Regional Advisory Committees The National Parks and Wildlife Service (NPWS) is currently inviting people to become a member of a regional advisory committee. NPWS has 19 regional advisory committees across NSW to provide advice on the care, control and management of national parks and reserves. These committees are a valuable conduit between the NPWS and local communities.
The Minister for the Environment and Climate Change will be appointing new committees for a four year term commencing 1 January 2010 and expiring on 31 December 2013.
Applications are being invited from persons having one or more of the following qualifications:
Expertise and experience in local government
Expertise and experience in community involvement in conservation
Expertise in Aboriginal cultural heritage
Scientific qualifications in the area of conservation biology, wildlife management or related disciplines
Expertise in rural or regional issues
Expertise and experience in ecotourism or ecologically sustainable visitor use, enjoyment and appreciation of reserves
Expertise and experience in environmental education and community involvement in environmental education
Expertise and experience in bushfire management
Applications close 30 June 2009 . For more information and to apply, visit the Department of Environment and Climate Change website at www.environment.nsw.gov.au/npws or email rac@environment.nsw.gov.au
6. Federal Environment Minister acts to protect Superb Parrot Federal Minister for the Environment, Peter Garrett, has issued a stop-work order on logging activities in an area of forest in the south of NSW near Deniliquin, due to concerns about the red gum forest habitat of the Superb Parrot. The Parrot is currently listed as vulnerable.
The order was issued to Forests NSW which harvests more than 2.5 million cubic metres of logs and over 1.5 million cubic metres of pulpwood across the state each year.
The ban will take full effect on 31 May 2009. Until this time, the Federal Government is working with the NSW Government to achieve a compromise between employment and the environment.
7. Habitual abalone offender sent to jail A repeat abalone offender has been sentenced to two months imprisonment and fined $2000 having been caught with 202 shucked blacklip abalone.
The man, aged 39 from Sydney, was arrested by NSW Department of Primary Industries fisheries officers during a surveillance operation at Moon Bay, near Tathra, on the Far South Coast in May, 2008.
The man has an extensive history of abalone offences across the southern Australian States. He was only recently released from a nine month prison sentence in Victoria for abalone trafficking and is still under a five year good behaviour bond in NSW for crimes involving abalone.
In his most recent offence the man was charged with having shucked abalone adjacent to waters, and exceeding the bag limit for abalone (currently the limit is two abalone per person). A vehicle and a quantity of dive gear were also seized from the man.
8. Federal Government introduces Green loans Environment Minister, Peter Garrett, has announced that Australian homeowners will be able to make their homes more energy and water efficient with the introduction of low-interest $10,000 loans to green up their homes.
The Green loans are aimed at enabling households to invest in energy efficient lighting, appliances, heating, ceiling insulation, and solar heating. The scheme also seeks to encourage simple, low-cost actions like changing light globes, sealing draughts, repairing leaking taps and installing water tanks.
Households will receive the loan from their bank, and then pay it back at a low interest rate, which is to be subsidised by the Government.
9. ACCC draft advice for water planning, management charge rules The Australian Competition and Consumer Commission (ACCC) has issued draft water planning and management charge rules and a draft advice to the Federal Minister for Climate Change and Water, for public consultation. The proposed rules would require State government departments or agencies to publish details of water planning and management charges. The ACCC also intends to collect data and report annually on water planning and management activities, costs and cost recovery from users.
A copy of the draft rules and draft advice, which includes details on how to make a submission, will be made available on the ACCC website at http://www.accc.gov.au/content/index.phtml/itemId/871792 Submissions must be made to the ACCC by 5pm Friday 5 June 2009 .
10. 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, the management of national parks and wildlife licensing.
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).
11. 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:
12. 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'.
13. 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 is available on the website at http://www.edo.org.au/edonsw/site/policy.php
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.
14. 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
15. The Northern Star : Byron Splendour plans in doubt (8 May 2009) This article reports on the Land and Environment Court decision that the consent issued for the 2009 Splendour in the Grass music festival at Yelgun was invalid. EDO Northern Rivers successfully represented CONOS (Conservation Of North Ocean Shores Inc) in this challenge to the festival development consent.
16. ABC Local Radio : Interview with CONOS President Bob Oehlman (8 May 2009) Bruce McKenzie interviewed CONOS (Conservation of North Ocean Shores Inc) President Bob Oelhman on the group's successful court challenge to the development consent for the Splendour in the Grass music festival at Yelgun on the NSW North Coast.
17. NBN and Prime TV News: Splendour court case (Thursday 7 May 2009) These two news items also discussed the win for environment group CONOS against the consent for the Splendour in the Grass festival at Yelgun. EDO Northern Rivers Solicitor Sue Higginson was interviewed on Prime TV News regarding the court case.
Law Notices New South Wales
18. 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.
Environmental Law Notices Commonwealth
21. 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
Macarthur Coal Limited/Mining/Bowen Basin, approx 57km east south-east of Moranbah/QLD/Codrilla Open Cut Coal Mining and Processing Operation with Associated Infrastructure http://www.environment.gov.au/...proposal_id=4892
Denholder Removals and Storage Pty Ltd/Residential development/19-41 Round Ridge Road, 4 kms south of Jimboomba/QLD/Rural Residential Development & Associated Infrastructure http://www.environment.gov.au/...proposal_id=4890
New South Wales
Clarence Colliery Pty Ltd/Mining/Bells Line of Road, Clarence/NSW/Expansion of the existing underground Clarence Colliery to include partial extraction mining (bord and pillar) for the 700 Area http://www.environment.gov.au/...proposal_id=4882
Victoria
AV Jennings Limited/Residential development/Wollert, approx 25km north of Melbourne/VIC/Urban Development, Comprising 806 Lots of Conventional & Medium Density Housing & Associated Infrastructure http://www.environment.gov.au/...proposal_id=4888
Western Australia
CSIRO Australia Telescope National Facility/Science and research/Northern section of Boolardy Station, Pindar-Berringarra Rd/WA/Australian Square Kilometre Array Pathfinder telescope & infrastructure http://www.environment.gov.au/...proposal_id=4891
Cocos Keeling Island
Attorney-General's Department/Commonwealth/Multiple Buildings/Cocos Keeling Island/Asbestos Removal from Various Buildings and Sites http://www.environment.gov.au/...proposal_id=4887
Community News
22. NCC Event: Planet in Crisis Where to from here? The Nature Conservation Council would like to invite you to an evening with Greens Senator Bob Brown and guests. The public forum will involve three presentations addressing topics such as climate change and the political will to transform the economy, harnessing community action to create the political will and ensuring a just transition for workers.
Time: 6.30pm 8.30pm
Date: Friday 15 May 2009
Venue: Ferguson Hall, St Stephens Uniting Church, Macquarie St Sydney
23. Austraining Position Vacancies: Fiji and Indonesia-based Regional Managers Austraining International, on behalf of AusAID manages two of Australia's most significant and successful volunteer programs: Australian Youth Ambassadors for Development (AYAD) and Volunteering for International Development from Australia (VIDA). Austraining has exciting opportunities for two Regional Managers. The successful applicants will be based in Fiji and Indonesia. Regional managers are responsible for managing the relevant volunteer programs operating in a regional geographic area.
24. New7Wonders of Nature Campaign Two Australian sites have been nominated in the global New7Wonders of Nature campaign. The Great Barrier Reef and Uluru are both being considered by the competition's Panel of Experts to be listed in the top seven natural wonders of the world. Launched in 2007 by the New7Wonders Foundation, the New7Wonders Nature campaign is a global search to recognise the seven most wondrous sites of the world through the eyes of the public.
Tourism Australia is encouraging Australians to vote to ensure Australia's nominees make it to the next stage of voting. The competition will conclude mid-2011.
For more information on the campaign and how to vote, visit www.australia.com or email Francesca Murchie at f.murchie@haystac.com.au
25. Public Forum: Trading Water for Coal The Colong Foundation for Wilderness invites you to attend this public forum on coal mining in water catchments south of Sydney. Learn from local experts about the extent of damage caused by intensive underground coal mining in our water catchments. Guest speakers include Dr Anne Young (Geomorphologist) and Dave Burgess (natural areas campaigner, TEC).
Time: 6.30pm
Date: Wednesday 20 May 2009
Venue: Mitchell Theatre, Sydney Mechanics School of Arts, 280 Pitt St, Sydney
A panel discussion to answer questions from the floor will complete the evening.
To RSVP, call Hilda or Keith at the Colong Foundation on (02) 9261 2400 or email hilda@colongwilderness.org.au
26. Arts Law Seminar Arts Law would like to invite legal professionals to attend this CLE (Continuing Legal Education) seminar on various aspects of arts law, including how to avoid making misleading advertising claims as well as the ins and outs of contracts for films. The CLE will be followed by the Arts Law Print Commission Awards for Pro Bono support in 2008 and drinks.
Time: 4.30pm followed by the Awards at 6pm til 7.30pm
Date: Thursday 21 May 2009
Venue : DLA Phillips Fox, Level 38, 201 Elizabeth St Sydney
For more information or to register, contact Lynne Guaglione at Arts Law on (02) 9356 2566 .
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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.
