Hill Top Residents Action Group v Minister for Planning & Sport & Recreation
This is a case challenging a consent to a major project (under the Environmental Planning and Assessment Act 1979), being a regional shooting complex, by the Minister for Planning. The development was not permissible under the existing planning controls in place at the time, so the Minister amended a State Environmental Planning Policy (SEPP) in order to allow the project to proceed. It is apparent, however, that the amendment to the SEPP was incorrectly drafted, so that the project is arguably still not permissible.
Blue Mountains Conservation Society v Delta Electricity
The EDO , on behalf of the Blue Mountains Conservation Society (BMCS) commenced civil enforcement proceedings in the Land and Environment Court against Delta Electricity under the Protection of the Environment Operations Act 1997, for causing water pollution.
Water quality testing results taken upstream and downstream of a discharge point from Wallerawang Power Station, as well as from the discharge point itself, indicate that the power station is introducing salts and metals into a river which runs into Sydney's Drinking water supply. The enforcement authorities have been advised of the results but have so far not done anything about it.
2. EDO Cultural Heritage Roundtable
On Thursday 28 May 2009, the Environmental Defender's Office of NSW convened a Roundtable meeting in Sydney to facilitate discussion about Aboriginal cultural heritage law and policy in NSW.
The Roundtable brought together Aboriginal clients of the EDO , including Traditional Owners, as well as representatives of the NSW Aboriginal Land Council, Native Title Services, and Murray Lower Darling Rivers Indigenous Nations. Participants voiced concerns with the current system and discussed options for reform, including proposed changes in NSW.
Representatives from the Department of Environment and Climate Change, responsible for administering the Aboriginal cultural heritage laws in NSW also attended the meeting and listened and responded to the issues raised.
The NSW Government recently announced a number of reforms relating to the protection of Aboriginal cultural heritage, and these were also discussed.
The proposed amendments include strict liability offences for damaging Aboriginal cultural heritage, and significantly increased penalties under the National Parks and Wildlife Act 1974. The NSW Government intends to introduce the amendments in late 2009 following State-wide public consultation.
Through the Roundtable, the EDO sought to facilitate discussion of these important issues. As a result of the Roundtable, a discussion paper highlighting the issues raised is to be produced and submitted to the NSW Government.
For more information on the Roundtable or the recommendations that followed, contact Neva Collings at the EDO on (02) 9262 6989.
3. EDO NSW position vacancy: Scientific Officer
The EDO is seeking to employ an in-house Scientific Officer to join our Sydney office.
The Scientific Officer will provide objective scientific and technical advice to the community on public interest environmental issues and administer the EDO 's Scientific Advisory Service. The Officer will also contribute actively to policy and community legal education work within the EDO . The job involves facilitating and enhancing community involvement in environmental decision making and we are therefore seeking someone who sees value in public participation in this process, and has an interest in EIA. The role does not involve campaigning or lobbying.
Essential criteria
a degree in science, natural resource management, or related discipline
at least 2 years professional experience
a demonstrated commitment to environmental protection
a demonstrated ability to identify and analyse issues
excellent research skills
excellent written and oral communications skills
the ability to work as part of a team
an interest in a wide range of scientific and technical issues
Desirable criteria
a higher degree in a related discipline, particularly environmental law
a well established network of contacts
experience in EIA
Salary $50,000-$63,000 (plus super), depending on experience.
Send applications (a cover letter and CV) by email to Tom Holden, Scientific Director
Enquiries: Tom Holden 02 9262 6989
Applications close Monday 29th June 2009
4. 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 decided against implementing a private conservation program. If you fit into any of these categories 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
5. 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.
6. 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 email (02) 9262 6989. Boxes of 160 are also available on request for groups or organisations.
Law and Policy Watch
7. Land clearing fines for South Australian carrot grower: Lamattina & Anor v Gould [2009]
The South Australian Supreme Court has upheld a Magistrate's decision to fine Lamattina, who is one of the largest carrot growers in Australia and its complicit directors and shareholders, $119,000 for illegally clearing over 270 trees from January to July in 2005, at two properties owned by the company in the Southeast of South Australia. The trees ranged in age from 50-200 years old.
The trees were cleared in contravention of s 26 of the Native Vegetation Act 1991 (SA) and it was determined that they were cleared for the purpose of commercial gain.
In upholding the Magistrate's decision and subsequent penalties, the Supreme Court took into account the heightened level of knowledge that the clearing was taking place, the period over which it took place and the general need for deterrence of offences of this nature.
8. Mining lease application blocked due to Aboriginal land rights
Western Desert Lands Aboriginal Corporation (Jamukurnu - Yapalikunu)/Western Australia/Holocene Pty Ltd [2009] NNTTA 49 (27 May 2009)
The National Native Title Tribunal (NNTT) has blocked an application by Holocene Ltd for a mining lease in the Eastern Pilbara in Western Australia . The area the subject of the application by the mining company overlapped entirely with the determination area of the Western Desert Lands Aboriginal Corporation (WDLAC).
This is the first case where a company has failed to win a mining application on land granted under the Native Title Act 1993.
The WDLAC, which holds the native title area on trust for the Martu people, hailed the decision as a historic and special day'. WDALC Director Brian Samson said the Tribunal had established that the area targeted by Holocene for the mining of potash was a very significant' sacred site for the Martu people.
In his finding, NNTT Deputy President Chris Sumner said the effect of Holocene's proposed project on a site of particular significance' had to be considered in relation to the management, use or control of the land by the native title holders. Accordingly Mr Summers made the determination that the interests, proposals, opinions and wishes of the native title party in relation to the area should outweigh the potential economic benefit or public interest in the project proceeding.
9. New NSW wilderness area declared
Almost 120,000 hectares of bushland in the Hunter region of NSW has been declared a wilderness area, completing a green chain' around Sydney . The area sits inside Yengo National Park , stretching from the Blue Mountains, east to Windsor and north to Singleton. The green chain' is made up of various wilderness areas, such as the Nattai, Grose and Wollemi areas, each receiving the highest level of protection for flora and fauna.
Tasmania 's ban on the release of genetically modified (GM) organisms to the environment will continue for at least another five years. The Minister for Primary Industries and Water, David Llewellyn, has commented that the State's GM-free status is a key factor in the Tasmanian Brand, and assists primary producers to realise their full potential in international and interstate markets. The continuation of the ban until 2014 has been supported by all political parties and the community.
11. International news: Sarawak government defeated in landmark NCR ruling
The Malaysian Federal Court has upheld the concept of native customary rights (NCR) to land as including not only one class of land called temuda (cultivated land), but also pulau (communal forest) and pemakai menua (territorial domain).
The apex court delivered its ruling in Kuching, in a case initiated by local Malay resident Madehi Salleh to claim NCR rights over former Shell concession land in Miri.
So long as NCR claimants can provide sufficient evidence to support their claims, logging and plantation companies may now be forced to negotiate with local peoples claiming native customary rights over forests and other areas.
12. Carbon Pollution Reduction Scheme Amendment (Household Assistance) Bill
The implementation of the Federal Government's Carbon Pollution Reduction Scheme is predicted to cause an increase in the cost of living across the country. This Bill sets out the Government's proposed support package for low and middle-income households to help adjust to the increased costs associated with the scheme.
13. Electricity Supply Amendment (Energy Savings) Bill 2009
NSW Climate Change Minister Carmel Tebbutt has introduced the Electricity Supply Amendment (Energy Savings) Bill 2009 into the NSW Legislative Assembly. The Energy Savings Bill will amend the Electricity Supply Act 1995 (NSW) to create an Energy Savings Scheme (Scheme). This Scheme is anticipated to create a financial incentive to reduce the consumption of electricity by encouraging energy saving activities and assist households and businesses to reduce their electricity consumption and costs. The Scheme will create tradeable certificates for a range of energy-saving activities.
Ms Tebbutt has stated that a national energy savings scheme would be preferable, however in the interim NSW would seek to harmonise its scheme with similar schemes operating in other jurisdictions, such as South Australia and Victoria.
The Scheme is due to commence on 1 July 2009.
14. 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.
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.
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.
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/...
Forestry Regulation 2009
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 1989. The proposed Regulation and Regulatory Impact Statement will be available for public comment from 18 May to 15 June 2009 and can be accessed via http://www.dpi.nsw.gov.au/aboutus/services/regulatory/forestry-regulation-2009
The EDO is currently preparing a response to the proposed Regulations.
17. 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
18. Sydney Morning Herald: Motor rallies hassle-free for 10 years (3 June 2009)
This article discusses the State Government's plan to override the need for development approvals for Repco Rally Australia by introducing special legislation. The special laws will allow French motor rally organisers to host world championship rounds on the North Coast for the next decade, without the need for development applications to Tweed or Kyogle councils or compliance with environmental laws.
The EDO Northern Rivers has been providing assistance to the resident action group, Seventh Generation', who are opposing the passing of the new laws.
19. Sydney Morning Herald: Seeing red over logging in land of rare parrot (1 June 2009)
This article reports on the current battle to protect Australia 's largest river red gum forest, home to the threatened superb parrot. Forests NSW are about to release an environmental impact statement on its plans to continue logging the forests. Environmentalists have claimed that Forests NSW is breaching federal laws designed to protect threatened birds in areas recognised as internationally significant wetlands.
20. Sydney Morning Herald: The Hunter a peephole to future of others (30 May 2009)
This article looks at the impacts of mining in the Hunter Valley on residents, particularly in regards to farmers and interruptions to pastoral use of the region. The EDO has been providing assistance to Minewatch, a resident action group in the Hunter.
21. Sydney Morning Herald: Heritage interests out, apartments in (30 May 2009)
This article reports on the process of the drafting of a local environment plan for Ku-ring-gai Council on Sydney 's North Shore. The State Government has appointed a planning panel to prepare the LEP, taking it out of Council's hands. Last week in a public meeting, the panel unanimously voted to approve a draft LEP that allows for medium and high density dwellings within an 800 metre radius of each town centre. Under the State Government's Metropolitan Strategy, Ku-ring-gai is required to accept at least 10,000 new dwellings by 2031. The EDO has been providing assistance to Ku-ring-gai residents opposing the draft LEP.
22. 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
Singleton: Rix's Creek Coal Mine, Cut-and-Cover Tunnel
Blacktown : Outdoor Advertising Eastern Creek
23. State Conservation Notices Invitation to Comment
There are no new notices since the last eBulletin.
Environmental Law Notices Commonwealth
25. 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:
Victoria
City West Water/Water management and use/Approx 15kms S-W of Melbourne CBD/VIC/Recycled water main from Altona Treatment Plant to the Qenos Olefins Manuf Plant
Department of the Environment, Parks, Heritage and the Arts/Tourism and recreation/Degraves St, South Hobart/TAS/Cascade Female Factory Historic Site Conservation Project
26. Private Conservation Agreement Grants available
The Paddy Pallin Foundation in conjunction with the Foundation for National Parks and Wildlife, The Wildlife Land Trust, Diversicon Environmental Foundation, the Nature Conservation Trust of NSW and the Department of Environment and Climate Change is offering $50,000 in grants for holders of Voluntary Conservation Agreements or similar within NSW.
27. Climate change adaptation information sharing forum
The Australian Security Research Centre invites you to this multi-organisation showcase of experiences, tools projects and courses from practitioners, policy makers, researchers and educators. The aim of the forum is to share information on how organisations, communities and regions are adapting to climate change. Participants will learn of experiences and developments underway across many sectors and be enabled to identify relevant information and players to build better networks and partnerships.
Date : 22 September 2009
Location : Canberra
Cost : $100 speaker; $295 participant
28. 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
29. 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.
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.
