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EDO NSW BULLETIN 17 June 2009: No. 614The EDO Bulletin is a free weekly bulletin that provides a listing of news, events, public notices and opportunities for public comment.
EDO News and Events1. EDO Northern Rivers workshop: Rally Oh! Law and Policy Watch6. New LEC Commissioners EDO in the Media15. Sydney Morning Herald : Toxic metals threat (18 June 2009) Environmental Law Notices – New South Wales20. Major Project Proposals – Invitation to Comment Environmental Law Notices – Commonwealth23. EPBC Referrals – Invitation to Comment Community News24. The Climate Institute position vacancy: Faith & Climate Project Officer EDO News and Events1. EDO Northern Rivers workshop: Rally Oh! The NSW Government is introducing special legislation to provide certainty for the organisers of Repco Rally Australia for the next ten years, overriding planning and other laws. This free public workshop is for individuals and community groups who want to be informed about the new legislation and how they might still be involved in decisions about the race. Topics to be covered include:
Date: Saturday 27 June 2009 Time: 2.30pm sharp Venue: Uki Hall, Kyogle Rd, Uki (15 mins from Murwillumbah, 45 mins from Kyogle) For more information on the workshop, contact Mark Byrne at EDO Northern Rivers on (02) 6622 8470. 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. 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, and has an interest in Environmental Impact Assessment. The role does not involve campaigning or lobbying. Essential criteria
Desirable criteria
Salary $50,000-$63,000 (plus super), depending on experience. See http://www.edo.org.au/edonsw/site/jobs.php for a full position description. Enquiries: Tom Holden 02 9262 6989 Applications close Monday 29 th 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. 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. NSW Attorney General John Hatzistergos has announced the appointment of Ms Linda Pearson and Ms Susan Dixon as Commissioners of the Land and Environment Court of NSW. Ms Pearson has expertise in planning, environmental, local government, resource and administrative law and is currently a part-time judicial member of the Administrative Decisions Tribunal. Ms Dixon has worked as a senior lawyer for the Department of Mineral Resources and is recognised as being qualified to sit as a Commissioner for Mining in the Land and Environment Court 's mining jurisdiction. The EDO would like to congratulate the Commissioners on their appointment and looks forward to working with them in the future. For more information visit the Land and Environment Court website at http://www.lawlink.nsw.gov.au/lec 7. Trial date set for Gunns20 case Justice Forrest of the Supreme Court of Victoria has announced the trial date for the Gunns20 case to be February 2010. Many of the original defendants have been dropped from the case. As it stands, five individuals and one organisation are being sued for activities relating to their involvement in protests opposing the Gunns pulp mill and advocating protection of Tasmania 's forests. For more information on the case history, visit http://www.gunns20.org/ 8. New Energy Legislation Amendment (Infrastructure Protection) Bill 2009 The Energy Legislation Amendment (Infrastructure Protection) Bill 2009 has been assented to, with the aim of providing greater protection for electricity and gas infrastructure and for other purposes. Importantly, section 65 of the Electricity Supply Act 1995 has been changed to increase the individual penalty for interference with electricity supply works operated by retailers and transmission suppliers, including an increase in imprisonment from 2 years to 5 years. This provision could have implications for protestors in relation to new or existing electricity works. Individuals will now be responsible for the costs of disruption to the electricity works if the charges are proved. 9. Changes to Water Licensing in NSW The NSW Department of Water and Energy has recently introduced certain changes to the water licensing provisions. From 29 May 2009, the NSW Government will not be processing any permanent water trades where the entitlements are being purchased for the environment. This includes water purchased by the Commonwealth and/or State Governments, non-Government Organisations, corporations or private individuals. For more information on the embargo on water trades to the environment, visit http://www.dwe.nsw.gov.au/water_trade/trade_embargo_faq.shtml 10. Changes to NSW Local Government legislation The NSW Government has recently released the Exposure Draft Local Government Amendment (Planning and Reporting) Bill 2009 and the Exposure Draft Local Government (General) Amendment (Planning and Reporting) Regulation 2009 for public exhibition. The Local Government Amendment (Planning and Reporting) Bill 2009 requires Councils to develop Community Strategic Plans (CSP) that identify the main priorities and aspirations for their Local Government Areas for at least 10 years into the future. As part of preparing these plans councils must implement a community engagement strategy in connection with the development of the plan. These pieces of draft legislation are part of the Integrated Planning and Reporting Framework which specifically aims to:
11. Proposed Marine Parks Regulation 2009 The NSW Marine Parks Authority has released for public exhibition the proposed Marine Parks Regulation 2009. The object of the proposed Regulation is to:
For more information on the Marine Parks (Zoning Plans) Regulation 1999 and the proposed Marine Parks Regulation 2009, visit http://www.mpa.nsw.gov.au/regulation/index.html 12. Private Member's Bills of interest in NSW Parliament • Game and Feral Animal Control Amendment Bill 2009 The Shooters Party currently has the Game and Feral Animal Control Amendment Bill before NSW Parliament seeking to allow recreational hunting to take place in National Parks, including the hunting of 26 native species and the release of exotic birds for hunting purposes. The Bill has raised significant concerns amongst environmental conservation groups but at this stage has not been passed. • Mining Amendment (Safeguarding Agricultural Land and Water) Bill 2009 The Greens introduced the Mining Amendment (Safeguarding Agricultural Land and Water) Bill 2009 to make provision for protecting prime agricultural land (and water sources that feed prime agricultural land) from mining operations. The Bill is currently before NSW Parliament and is seen to reflect the significant concerns of many farmers in Western NSW seeking to preserve their farmland against the granting of mining exploration licences over such land. • National Human Rights Consultation ANEDO is currently finalising a submission to the National Human Rights Consultation, highlighting the need for greater protection of human rights, focusing on those relating to the environment. The submission will be made available in the coming days, at http://www.edo.org.au/edonsw/site/policy.php#5 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 : Toxic metals threat (18 June 2009) This article reports on the pollution levels found in the Cox's River near Lithgow, downstream from Wallerawang power station. Ongoing monitoring by the Lithgow Environment Group has raised concerns about water quality in the catchment. The Blue Mountains Conservation Society has taken up this issue with the Department of Environment and Climate Change, more recently initiating proceedings against the power station operator Delta Electricity. The Environmental Defender's Office is representing the Blue Mountains Conservation Society in proceedings against Delta alleging water pollution under NSW pollution laws. 16. Sydney Morning Herald : Huge land deals ‘illegal' (9 June 2009) This article discusses two specific planning decisions made by the NSW Department of Planning regarding large tracts of land in Gwandalan and Catherine Hill Bay. Both decisions are currently being challenged in the NSW Land and Environment Court (LEC), with the Court's decisions pending. The EDO is representing the relevant resident groups, Gwandalan-Summerland Point Action Group and Sweet Water Action Group, in each of the LEC proceedings. The article refers to the contents of a leaked legal advice to the Department of Planning advising the Minister that the two decisions could be declared invalid and recommending special legislation to retrospectively validate the decisions. 17. Sydney Morning Herald : Deal or no deal? Developer sits tight (10 June 2009) This article also examines the legal challenge to the Planning Minister's approval of large residential developments at Gwandalan and Catherine Hill Bay . The development involved a controversial agreement between developer Hardie Holdings, the former Minister for Planning Frank Sartor and former Minister for the Environment Bob Debus, to build a 7200-home development in the Hunter Valley in return for the transfer to the public of 7400 hectares of high conservation value land near Branxton. The EDO is representing the resident group opposing the development in the proceedings, Sweet Water Action Group. 18. Northern Star : Repco Rally's latest PR fiasco (11 June 2009) This article reports on a community consultation session in Kyogle on the NSW North Coast regarding the car rally event to be held in the area in September. The event is causing concern amongst residents and environmental groups in the Tweed and Kyogle council areas. A spokesperson for the community group, 7 th Generation is quoted in the article. EDO Northern Rivers is assisting the group in their opposition to the rally. 19. Northern Rivers Echo : Lantern Parade great debate puts roo on the menu (11 June 2009) The article announces a community debate to be held in Lismore as part of the Lismore Lantern Carnivale. The topic of the debate will be ‘Should we eat more kangaroo?' and EDO Northern Rivers Solicitor Sue Higginson and Education Officer Mark Byrne will be appearing on opposite sides of the argument. Law Notices – New South Wales 20. 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 last week's eBulletin. 21. 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/DecPublicConsultation.htm There are no new notices since the last eBulletin. 22. 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. • Yarrabar, Olinda & Capertee Reserves – draft plans of management Environmental Law Notices – Commonwealth 23. 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: New South Wales McCloy Muswellbrook Trust/Residential development/Muswellbrook/NSW/Clearing for development of rural subdivision North Bondi SLSC Inc/Tourism and recreation/Corner of Campbell Parade and Ramsgate Avenue , Bondi Beach/NSW/Demolition of the existing club house and construction of a new club house South Australia Iluka Resources Limited/Exploration (mineral, oil and gas – non-marine)/N-Western Yellabinna Regional Reserve/SA/Mineral Sands Drilling Victoria South East Water Limited/Water management and use/Intersection of Mooroodoc Highway and Mornington Tyabb Road/VIC/Mornington Tyabb Recycled Water Project Queensland Willowbend (NQ) Pty Ltd/Residential development/Gumlow/QLD/Establishment of Residential Community HS Green & Sons/Natural resources management/ Canaga Creek Road , Warra Property: Jesslands/QLD/Eradicate and Control Diacanthium Sericeum (Queensland Blue Grass) Western Australia City of Joondalup/Tourism and recreation/Ocean Reef/WA/Ocean Reef Marina Development BC Iron Limited/Mining/14okms north of Newman, Pilbara Region/WA/Nullagine Iron Ore Project Tasmania Tasmanian Land Conservancy/Residential development/Cnr of Greens Beach Rd & Badger Head Rd, Clarence Point/TAS/Creation of conservation covenant and sale of land for future residential development Christmas Island Christmas Island Administration, Territories West, Attorney-Generals Department/Commonwealth/Smith Point, Christmas Island/Christmas Island/Maintenance of Tai Jin House, Smith Point Community News 24. The Climate Institute position vacancy: Faith & Climate Project Officer Independent research organisation, the Climate Institute, (TCI) seeks a Faith and Climate Project Officer to coordinate, negotiate and communicate with faith groups, their communities and government for a call to action on climate change. The majority of this role involves providing "Executive Officer" services to the Australian Religious Response to Climate Change (ARRCC), of which the Climate Institute is a sponsor. ARRCC is a multi-faith climate change network, which supports people from faith backgrounds to take action on climate change, through spiritual practice, theological reflection, education, practical action and advocacy. This varied role, based in Sydney , is three days per week for a period of 12 months. Tasks include leading the development of faith-based climate change campaigns, event management, speaking to and writing for a range of audiences, developing relationships with and beyond religious groups, and administration. The salary is $33,000 per annum ($55,000 pro-rata), including super. For a full position description, email info@climateinstitute.org.au. Applications close on Monday 22 nd June. 25. NSW Aboriginal Land Council – New cultural heritage factsheets The NSW Department of Environment and Climate Change (DECC) has announced plans to change the law and policy relating to the protection of Aboriginal culture and heritage. The proposed changes would amend the National Parks and Wildlife Act 1974 and the requirements for who should be consulted when applying for a permit to damage or destroy Aboriginal cultural heritage. The changes involve the introduction of tougher penalties for the destruction of Aboriginal cultural heritage. However, the proposed amendments would also make changes to a range of other aspects of the cultural heritage law and policy. In response to these changes, the NSW Aboriginal Land Council (NSWALC) has developed six Culture and Heritage Fact Sheets which outline the current law and explain the proposed changes. The Fact Sheets are available on the NSWALC website at http://www.alc.org.au/resources/c+h/index.htm, or extra copies can be obtained by contacting the NSWALC Resource Centre on (02) 9689 4444. The EDO welcomed the opportunity to assist in the development of these Fact Sheets. 26. Young Lawyers CLE: Planning Reforms Update – What you need to know The NSW Young Lawyers Association would like to invite legal professionals to attend this Continuing Legal Education event, with guest speakers Yolande Stone of the Department of Planning and Mike Staunton of Martin Place Chambers. The seminar will assist legal practitioners in understanding the new decision-making processes and structure of the planning system under the amended Environmental Planning and Assessment Act 1979. Date: 24 June 2009 Time: 5.30pm to 7.30pm Venue: Level 9, 170 Phillip St , Sydney To register on-line visit http://www.lawsociety.com.au/page.asp?PartID=15613&Step=2&ProductID=2116. Light refreshments will be provided. 27. UNSW Course: Carbon Footprinting for your product, your firm, your future Are you interested in calculating the size of your organisation's overall carbon footprint, or that of a particular product or service? Would you like to find out more about life cycle assessment methodology, which forms the basis for carbon footprinting and greenhouse gas accounting? This University of NSW course provides an ideal background to environmental managers, business managers, engineers, researchers, analysts, environmental consultants and other industry and government decision-makers who will be required to report their greenhouse gas emissions under the National Greenhouse and Energy Reporting Act or who are preparing to provide carbon footprints for their products. Dates: 8-9 September 2009 Venue: Water Research Centre, University of NSW, Kensington Campus Cost: $990 (inc. GST) with concessions available for students and early bird payments For more information, contact Kirra Dean on (02) 9385 5017 or email k.dean@unsw.edu.au 28. Organic Traders and Consumer's Network event: Canadian expert blows the whistle on food safety Canadian Dr Shiv Chopra has been labelled a hero for his efforts in exposing seed and chemical giant Monsanto, providing evidence to the Canadian Parliament of the company's use of dangerous foods including the GM bovine growth hormone. He is currently in Australia to launch his new book, Corrupt to the Core , which deals with the complex safety issues of genetically manipulated foods, pesticides and herbicides, hormones and antibiotics in animal production systems, and rendered dead animal wastes. At this event, Dr Chopra will speak on taking back control of our food supply. Date: Thursday 18 June 2009 Time: 6.30pm Venue: Mechanics School of Arts, 280 Pitt St, Sydney For more information on the event, contact Nicola Paris by email at geneethicsevents@gmail.com or phone 1300 133 868. To learn more about the work of Dr Chopra, visit http://shivchopra.com/?page_id=2 29. PILCH NSW Seminar: Risk Management for Not-For-Profit Organisations The Public Interest Law Clearing House invites you to attend this seminar addressing how Not-For-Profit Organisations can identify and respond to the risks they face, including occupational health and safety, and insurance cover issues. Date: Tuesday 30 June 2009 Time: 12.45pm – 3.15pm Venue: Allens Arthur Robinson, Level 28, Deustche Bank Place, cnr Hunter & Phillip Streets Sydney Cost: $46 (inc GST) or $32 for NCOSS members To register, email info@pilchnsw.org.au or call (02) 8898 6550. For more information, visit http://www.pilchnsw.org.au/events.html 30. 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. Applications close on 30 th June 2009. Further information and an application form can be found at http://Landconservationgrants.notlong.com Further information is available from info@paddypallinfoundation.org.au 31. 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 For more information email admin@securityresearch.org.au or contact event facilitator Athol Yates on (02) 6161 5143 or at athol.yates@homelandsecurity.org.au
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. |
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