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. Invitation for Private Conservation landholders
2. EDO Coastal Development Workshop - Lake Macquarie
3. Pacific Calling and EDO Seminar: Explaining the CPRS
4. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW
Law and Policy Watch
5. Fishermen fined for use of illegal fish traps
6. Failure to remove illegal dam costs Portland property owner $8,800
7. Tasmanian Devil up-listed to 'endangered' status
8. Greenhouse reporting policy
9. Forestry Regulation 2009 - NSW
10. Environment Protection and Biodiversity Conservation Amendment Regulations 2009 (No. 1)
11. National Human Rights Consultation
12. Federal Government's Energy White Paper
13. Policy Submissions
14. Legislative Reviews
EDO in the Media
15. Sydney Morning Herald: Warden upholds coalmining plan (22 May 2009)
16. Northern Rivers Echo: Easy access makes big difference for the public (20 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. CANA Position vacancy: International Coordinator
22. Green Capital event: The Waste Revolution?
23. Social media: A practical guide for community organisers
24. Earth Jurisprudence Conference
25. Sydney Film Festival: Food Inc
26. World Environment Day: Peaceful Rally
EDO News and Events
1. Invitation for Private Conservation landholders The EDO is seeking to consult with landholders who have been involved in private conservation. The EDO is also interested in speaking with people who are in the process of investigating or carrying out private conservation or people who have looked at private conservation options and chose against implementing a private conservation program. If fit into any of these catergories please contact us, your feedback and experiences will be used as part of the research into a new free publication on Private Conservation which is due out later in the year.
Please contact Project Officer Rosemary Bullmore on (02) 9262 6989.
2. 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.
3. 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.
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. Fishermen fined for use of illegal fish traps Two men are facing individual fines totalling up to $140,000 after being caught by New South Wales Department of Primary Industries (DPI) officers using illegal fishing traps in the Bermagui River Recreational Fishing Haven.
The two men were allegedly using the fish trap for the purpose of collecting bait for a commercial fishing business. The men had caught 65 fish in the trap of which 45 were of prohibited size.
The Bermagui River is a Recreational Fishing Haven, which means that the area is closed to commercial fishing.
The men will be prosecuted for a number of offences including, possessing prohibited size fish, taking fish in breach of a declaration and unlawful use of a trap.
6. Failure to remove illegal dam costs Portland property owner $8,800 A case in the Lithgow Local Court last week saw Craig Charles Stewart found guilty of failing to comply with a direction by the Department of Water and Energy to remove an unlawful dam on Pipers Flat Creek, Portland. Mr Stewart had constructed the dam in 2006 without holding a valid permit or licence to do so under the Water Act 1912 ('the Act').
The Court imposed a fine of $3,800 on Mr Stewart for failure to comply with an order to remove an illegally constructed dam across Pipers Flat Creek. Mr Stewart was also ordered by the Court to pay $5,000 in legal costs.
It should be noted that recent amendments to the Water Management Act 2000 have increased the maximum penalties for failure to comply with a direction, to $1.1 million for a corporation and $247,500 for an individual with additional daily penalties for each day the offence continues.
This case highlights the need for individuals to comply with directions issued to them by the Department. Individuals wishing to interfere with a waterway are reminded to ensure they obtain and hold a valid approval whenever the legislation requires them to do so.
7. Tasmanian Devil up-listed to 'endangered' status The Tasmanian devil, one of Australia's iconic native species and the world's largest surviving marsupial carnivore will be uplisted to an 'endangered species' category from a 'vulnerable species' category.
Federal Environment Minister, Peter Garrett, said the uplisting of the devil from vulnerable to endangered, will mean that the species will get greater protection under the Environment Protection and Biodiversity Conservation Act 1999.
The decision by the Minister to uplist the Tasmanian devil is based on advice from the Threatened Species Scientific Committee which lists the Devil Facial Tumour Disease as the major threat to the species' survival. The disease has led to the decline of about 70 per cent of the Tasmanian devil population since it was first reported in 1996.
For more information on the uplisting, click here.
8. Greenhouse reporting policy The Federal Government has released a policy document on compliance and enforcement of greenhouse and energy reporting. The Department of Climate Change has published the National Greenhouse and Energy Reporting System Compliance and Enforcement Policy to inform stakeholders how the Greenhouse and Energy Data Officer intends to manage compliance with the National Greenhouse and Energy Reporting Act 2007.
9. Forestry Regulation 2009 - NSW The Department of Primary Industries (DPI) has given notice of its intention to remake the Forestry Regulation 2009 under the Forestry Act 1916 in accordance with s 5 of the Subordinate Legislation Act. According to the DPI, the objects of the proposed Regulation are:
(a) To facilitate the orderly and responsible cutting and removal of timber from Crown timber lands through the licensing system. Furthermore, the licensing system provides for the management of the forest floor in environmentally sensitive areas and for the health and safety of forestry workers and visitors;
(b) To facilitate the collection of royalties;
(c) To facilitate the protection of all forest users and the forest environment; and
(d) To control the use of fire on State forests and flora reserves to protect the forest estate.
10. Environment Protection and Biodiversity Conservation Amendment Regulations 2009 (No. 1) Amendments to the Environment Protection and Biodiversity Conservation
Regulations 2000 (the Principal Regulations) have been proposed by the Federal Minister for the Environment, Heritage and the Arts to provide for greater flexibility in the operation of regulations which prohibit and regulate how non-commercial fishing can be carried out within Commonwealth reserves. The provisions will also apply to conservation zones.
The Regulations will allow the Director of National Parks to make determinations for an increased range of matters relating to fishing methods and equipment. Actions taken in accordance with these determinations will be exempt from the relevant offence provisions.
The Regulations will also create additional strict liability offences, including the use or possession of devices designed to take animals within a Commonwealth reserve, the taking of fish in contravention of a determination for an area of water, and a range of prohibited actions related to using certain equipment, or types of bait to take fish within a Commonwealth reserve.
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.
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 is now available on the EDO website at http://www.edo.org.au/edonsw/site/default.php
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.
12. 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:
13. Policy Submissions . Consultation on the National Parks and Wildlife Amendment Bill
The NSW 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 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.
. 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. Sydney Morning Herald : Warden upholds coalmining plan (22 May 2009) This article reports on a decision by the Mining Warden in Gunnedah Local Court to uphold BHP Billiton's right to access the properties of farmers on the Liverpool Plains for mining exploration purposes. The Liverpool Plains is one of the State's richest agricultural regions and farmers have been actively opposing mining companies' access to their land. The EDO has been assisting various farmers in the area in this opposition.
16. Northern Rivers Echo : Easy access makes big difference for the public (20 May 2009) This article, by Northern Rivers Education Officer Mark Byrne, examines the issue of public access to local government documents and information, particularly referring to the invitation for submissions on the Lismore City Council planning review.
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
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:
21. CANA Position vacancy: International Coordinator The Climate Action Network Australia (CANA) is seeking an international coordinator to coordinate the Australian NGO delegation in the lead up to, and at, the UNFCCC climate negotiations in Copenhagen in December. The successful candidate will be an excellent communicator, able to work with diverse organisations and a variety of people, professionally represent CANA at high-level meetings, and have a strong understanding of both the international climate negotiations process and policy.
A secondment from a CANA member organisation would be welcome.
The position is 3 days/week normally, 7 days/week during international meetings in Sept and Dec 09.
The salary is $50-60,000 pa pro rata. The position can be based in Sydney, Melbourne or Canberra.
22. Green Capital event: The Waste Revolution? Australia's environment ministers seem ready to usher in a new era of waste management and recycling that will affect hundreds of businesses, consumers, all local governments and our environment. On May 22, Federal and State environment ministers met once again to consider these pressing issues. Green Capital is pleased to provide you with the forum to hear how these new policies will affect business, local and State governments, consultants, NGOs, the community and our environment.
Time: 7am - 10am
Date: Thursday 11 June
Venue: Four Seasons Hotel, Sydney
23. Social media: A practical guide for community organisers Come and hear the experts in social media and online campaigning. If you are in a NGO or a union, or work in a community education role in government, this half-day workshop will give you more information on the digital consumer; offer pointers on what sort of digital objects go viral; help you improve the overall performance of your brand on the web; and provide guidelines for online campaigning using social media.
Time: 1.30pm to 5pm
Date: Thursday 18 June
Venue: Sydney Mechanics School of the Arts, 280 Pitt St Sydney
Cost: $70 adults; $55 concession; $40 NCC members
24. 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
25. 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.
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.
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.
