The EDO Bulletin is a free weekly bulletin that provides a listing of news, events, public notices and opportunities for public comment.
EDO News and Events
1. EDO Coastal Development Workshop - Lake Macquarie
2. Pacific Calling and EDO Seminar: Explaining the CPRS
3. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW
Law and Policy Watch
4. Environment Protection Authority v Forgacs Engineering Pty Limited
5. National Human Rights Consultation
6. New Coral Sea Conservation Zone
7. Muswellbrook LEP approved
8. Regional Strategy Update Report
9. New energy efficiency legislation for NSW
10. Heritage Amendment Bill 2009
11. Real Property and Conveyancing Legislation Amendment Act 2009
12. Changes to Land Acquisition (Just Terms Compensation) Act 1991
13. Federal Government's Energy White Paper
14. Policy Submissions
15. Legislative Reviews
EDO in the Media
16. Sydney Morning Herald: Resident fears over electricity upgrade (19 May 2009)
17. Northern Star: Sue lays down the law to save the planet (15 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. Earth Jurisprudence Conference
23. 1 Million Women Campaign
24. Sydney Film Festival: Food Inc
25. ClientEarth: Reimagining the Green Movement for the 21st Century
26. World Environment Day: Peaceful Rally
27. Austraining Position Vacancies: Fiji and Indonesia-based Regional Managers
28. Arts Law Seminar
EDO News and Events
1. EDO Coastal Development Workshop - Lake Macquarie
The Environmental Defender's Office (EDO) would like to invite you to attend this FREE half-day workshop exploring various aspects of coastal development and planning law. The workshop will cover sea level rise, marinas and the Local Environmental Plan process with instruction on how to effectively engage in environmental decision-making.
Time: 9am sharp to 1pm
Date: Saturday 20 June
Venue: Belmont 16 Footers, The Parade, Belmont
For more information or to RSVP, call (02) 9262 6989.
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. 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 contact us. Boxes of 160 are also available on request for groups or organisations.
Law and Policy Watch
4. Environment Protection Authority v Forgacs Engineering Pty Limited This was a case before the Land and Environment Court in April, in which the defendant Forgacs Engineering was found guilty of causing grit blast dust to escape from the defendant's dry dock facility onto surrounding waters, land and other premises in late 2007. The Court ordered that the defendant pay $45,000 to Newcastle City Council in support of local environmental projects in the surrounding wetlands. The defendant was also ordered to pay the prosecution's costs of almost $21,000.
The defendant pleaded guilty to the alleged breach of their environmental protection licence, an offence under s 64(1) of the Protection of the Environment Operations Act 1997 (the POEO Act).
The making of an order to contribute to environmental projects in the area was intended to provide greater utility than a mere penalty for the offence. The Court also ordered that the offence be publicised under s 250(1)(a) of the POEO Act as a means of deterring future offences of the kind which are capable of resulting in significant environmental degradation.
5. 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.
EDO NSW and EDO Victoria have now finalised a Discussion Paper that discusses the relevance of environmental issues in the human rights debate, and highlights why environmental rights are important. The Discussion Paper has been prepared to encourage all interested individuals and groups to respond to the Consultation from an environmental perspective. A copy of the Discussion Paper will be made available on the EDO website at http://www.edo.org.au/edonsw/site/policy.php#5
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.
The Human Rights Law Resource Centre has also 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.
6. New Coral Sea Conservation Zone Federal Minister for the Environment, Peter Garrett, has announced the establishment of the Coral Sea Conservation Zone, off the north-east coast of Australia. The Coral Sea encompasses a diverse range of underwater habitats and is home to a spectacular array of wildlife, being one of the few places in the world where large pelagic fishes such as tuna and sharks have not been severely depleted. The introduction of full no-take' protection to this area will be highly effective in maintaining the region's pristine condition.
7. Muswellbrook LEP approved
Muswellbrook Shire Council and the Department of Planning have now finalised and approved Muswellbrook's new council-wide local environmental plan (LEP). This is the second such LEP in regional NSW to be finalised in line with the NSW Government's standard template, which provides a consistent framework for the layout, zone names and definitions of new local plans across NSW.
8. Regional Strategy Update Report
The NSW Department of Planning has just released a Regional Strategy Update Report, highlighting the progress on key actions in the seven regional strategies in place for the entire non-metropolitan coastline and the Sydney to Canberra Corridor. These 25-year land-use plans outline employment and housing targets for regional areas, with the aim of also providing green breaks' between settlements and preserving important environmental and resource areas.
9. New energy efficiency legislation for NSW On 13 May 2009 NSW Minister for Climate Change and the Environment, Carmel Tebbutt, introduced the Electricity Supply Amendment (Energy Savings) Bill 2009 into NSW Parliament. The bill creates a mandatory energy efficiency scheme for NSW entitled the Energy Savings Scheme. All retailer suppliers of electricity and others who supply electricity directly to customers will be required to participate. Each participant will be given an individual Energy Savings Target which they must meet by surrendering energy saving certificates annually. These certificates are created by activities that reduce the consumption of electricity in NSW. The scheme is to commence on 1 July 2009.
10. Heritage Amendment Bill 2009 The NSW Minister for Planning has recently introduced into Parliament amendments to the Heritage Act 1977 (NSW). Changes include inserting an objects clause into the Act, reducing the membership of the Heritage Council from 15 to 11 members and requiring the Minister to consider the economic consequences before listing a place, building, work, relic, moveable object or precinct on the State Heritage Register.
11. Real Property and Conveyancing Legislation Amendment Act 2009 The Real Property and Conveyancing Legislation Amendment Act passed through both houses of NSW Parliament on 2 April 2009. It amends the Real Property Act 1900 and other legislation in relation to indefeasibility of title, compensation and the duties of mortgagees.
12. Changes to Land Acquisition (Just Terms Compensation) Act 1991 Recent changes to the Land Acquisition (Just Terms Compensation) Act 1991 introduce amendments to clarify that the Act does not bestow the power for government authorities to compulsorily acquire land. The Land Acquisition (Just Terms Compensation) Amendment Bill 2009 makes it clear that the Act and its provisions only operate where a government authority has the power to acquire land under another Act. This is in response to the recent High Court ruling in Fazzolari which found that a council had the power to acquire a road under the Land Acquisition (Just Terms Compensation) Act and did not need to rely on powers in the Local Government Act 1993.
13. 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:
14. Policy Submissions Consultation on the National Parks and Wildlife Amendment Bill
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. For more information on the consultation 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).
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.
15. 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
16. Sydney Morning Herald: Resident fears over electricity upgrade (19 May 2009) This article reports on concerns from residents in Ryde regarding a proposed electricity substation in a residential area that is expected to produce electric and magnetic fields close to or above limits linked to a heightened risk of leukaemia in children. The substation is part of greater plans by Integral Energy and EnergyAustralia to build up to 76 new substations in the Sydney area.
The EDO has been assisting Ryde residents in opposing the substation proposal.
17. Northern Star: Sue lays down the law to save the planet (15 May 2009) This article reported on a koala conference held in the Northern Rivers region last week. For more information on the article, please call EDO Northern Rivers Education Officer Mark Byrne on (02) 6622 8341.
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
Newcastle: Modification Extension of Shipping Channels within the Port of Newcastle (Stage 2)
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:
22. Earth Jurisprudence Conference Friends of the Earth Adelaide, in partnership with the University of Adelaide and the Conservation Council of South Australia will host Australia's first conference on Earth Jurisprudence. Earth Jurisprudence calls for a radical shift to our legal system, from a human-only orientation to an Earth-centred approach.
Participants will be introduced to the concepts of Earth Jurisprudence and led through a series of interactive workshops on the short comings of our current approach to environmental protection, viewing nature as property, connection to place and understanding nature, the relationship between Earth Jurisprudence and Indigenous law/religion, a mock trial and strategies for implementing Earth Jurisprudence in Australia.
Date: Friday 16 October to Sunday 18 October 2009
Venue: Woodhouse Activity Centre, The Rymill Centre, Piccadilly South Australia
23. 1 Million Women Campaign The 1 Million Women campaign seeks to inspire 1 million Australian women to take practical action on climate change by cutting 1 million tonnes of carbon dioxide, the main greenhouse pollutant causing global warming. The campaign was launched Tuesday 19 May at the University of Sydney.
Ambassadors for the campaign include the EDO's Principal Solicitor Kirsty Ruddock.
24. Sydney Film Festival: Food Inc As part of the Sydney Film Festival, the documentary film Food Inc, by Robert Kenner, will be screening at Greater Union George St Sydney. The film looks at the US food industry, exploring where the food we purchase at the grocery store really comes from, and what it means for the health of future generations. The film also examines the US regulatory agencies put in place to protect consumers and questions how it is that corporations have been allowed to put profit ahead of consumer health, the American farmer and the environment.
The film will be screened on Wednesday 3 June at 6.30pm and Sunday 7 June at 12pm.
25. ClientEarth: Reimagining the Green Movement for the 21st Century What is the current estimate of the scale of the climate change problem? What is preventing us from addressing it at the level we should? Can environmentalists be problem solvers?
In January 2009 New Statesman named James Thornton as one of 10 people who could change the world. Lawyer, activist and founding chief executive of legal charity ClientEarth, Thornton works from the notion that his client is the Earth itself.
For the forum, Thornton will be joined on stage by Brian Eno, Anaïs Berthier (ClientEarth Brussels) and a panel of Australian environmentalists, including the EDO's Principal Solicitor Kirsty Ruddock. The forum will involve a dialogue between Thornton and Eno, followed by a moderated panel discussion and finishing with a broader conversation including contributions from the audience.
Date: Sunday 7 June 2009
Time: 1pm
Venue: Opera theatre, Sydney Opera House
Cost: A Reserve $45 or $35 concession; B Reserve $35
26. World Environment Day: Peaceful Rally Climate action groups from around Australia are taking part in a National Climate Emergency Rally, focusing on a rapid transition to renewable energy. Join the Sydney event demanding green collar jobs, not job cuts; 100 percent renewable energy by 2020 and global climate justice with Australia taking the lead.
Date: Saturday 13 June
Time: 10am
Venue: Sydney CBD, Hickson Rd, Millers Point. The march will be through The Rocks and Circular Quay. Wear red for urgency.
27. 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.
28. 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.
