EDO NSW Bulletin #616

EDO News and Events

1. Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd & Minister for Mineral Resources

2. Powershift: EDO Panel Discussion and stall

EDO Principal Solicitor, Kirsty Ruddock will be participating in a panel discussion at PowerShift on the weekend. PowerShift is Australia 's first national youth climate summit and will run over 3 days from Saturday 11 July.

The topic of the panel discussion that Kirsty will be involved with will be national climate policy and legislation.

The EDO will also be holding a stall at Powershift on Saturday 11 July so feel free to pay us a visit.

To find out more about Powershift visit http://www.youthclimatecoalition.org/powershift/wordpress/

3. EDO position vacancy: Education Officer

The EDO is seeking to employ an Education Officer (part-time) to assist in the delivery of the EDO 's Community Legal Education Program and Rural and Regional Program for three days per week. The Education Officer also assists in the delivery of additional strategic projects, as identified from time to time.

The Community Legal Education and Rural and Regional Programs:

conduct community worksh ops to enable practical participation in environmental decisions;
conduct seminars and conferences on key issues to promote law reform and the implementation of new laws;
produce plain English educational materials in a range of formats, explaining environmental law and policy;
conduct outreach activities, and promote the services of the EDO, to rural and regional communities; and
develop and maintain links with rural and regional communities.

SELECTION CRITERIA

The position is open to dynamic, self-motivated candidates who satisfy the following selection criteria:

Essential

a NSW practicing certificate, or eligibility for admission to legal practice in NSW
an excellent understanding of NSW and Commonwealth environmental law and policy
excellent written and oral communication skills, with a proven ability to speak in public
ability to work collaboratively with a small team
commitment to the protection of the environment and community participation in environmental decision-making.

Desirable

tertiary qualifications and/or experience in a related field, such as in adult or community education, or communications
capacity to liaise effectively with a wide range of stakeholders
current drivers licence
willingness to travel
flexibility in working hours
experience in desktop design

Salary Range : $50,000-$63,000 pro rata (plus super), depending on experience

Working Hours: 22.5 hours per week, with flexible working hours

See http://www.edo.org.au/edonsw/site/jobs.php for a full position description.

Enquiries: Jemilah Hallinan 02 9262 6989

Applications close Monday 20 July 2009

4. EDO seeking second hand computers

The Environmental Defender's Office NSW is seeking second hand computers for the use of its volunteers. The EDO 's volunteer program is crucial to the work of the office and continues to expand. To meet this demand and to enable the office to function more effectively, we would like to update the existing volunteer computers. Computers offered should be no more than three years old and have the basic Microsoft Office programs installed.

If you or your organisation are able to assist please contact John Scanlan on (02) 9262 6989, or email edonsw@edo.org.au

5. 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 or email rosemary.bullmore@edo.org.au

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, cr ops 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 education@edo.org.au or call (02) 9262 6989. Boxes of 160 are also available on request for groups or organisations.

Law and Policy Watch

7. Contaminated Land Management Amendment Act 2008

This Act commenced operation from 24 June 2009. It amends the Contaminated Land Management Act 1997 to promote the better management of contaminated land. It introduces provisions relating to responsibility for the contamination of land, the functions of the Environment Protection Authority (EPA), ecologically sustainable development, the management of contaminated land, site audits, the records to be maintained by the EPA, the information that is to be given to local authorities and the duty of certain persons to report contamination of land to the EPA. A copy of the Act can be found here:

http://www.legislation.nsw.gov.au/scanview/inforce/s/1/?REPTITLE=%22Contaminated%20Land%20Management%20Amendment%20Act%202008%20No%20111%22&nohits=y

New contaminated land guidelines have also been finalised under s105 of the Contaminated Land Management Act 1997 to assist stakeholders in understanding their obligations in reporting certain contaminated sites to the EPA. These guidelines can be found here:

http://www.environment.nsw.gov.au/resources/clm/09438gldutycontclma.pdf

8. Water Management Amendment Act 2008

Certain provisions of this Act have commenced from 1 July 2009. The provisions include those that amend the Water Management Act 2000 in relation to domestic and stock rights (section 52), available water determinations (section 59), conditions of access licences (section 66), conditions of approvals (section 100) and conditions of irrigation corporations' operating licences (section 123). A copy of the Act can be found here:

http://www.legislation.nsw.gov.au/scanview/inforce/s/1/?TITLE=%22Water%20Management%20Amendment%20Act%202008%20No%2073%22&nohits=y

9. Environmental Planning and Assessment Amendment Act 2008

Certain provisions of this Act have commenced from 1 July 2009. The provisions provide for the establishment and functions of joint regional planning panels. Other provisions relate to the determination of development applications made by or on behalf of the Crown. A copy of the Act can be found here:

http://www.legislation.nsw.gov.au/scanview/inforce/s/1/?TITLE=%22Environmental%20Planning%20and%20Assessment%20Amendment%20Act%202008%20No%2036%22&nohits=y

In addition, two Regulations relating to the above Act have commenced from 1 July.

The Environmental Planning and Assessment Amendment (Plan Making) Regulation 2009 amends the Environmental Planning and Assessment

Regulation 2000. It relates to the commencement, on 1 July 2009, of the environmental plan-making reforms in Schedule 1 to the Environmental Planning and Assessment Amendment Act 2008 by a public authority, as referred to in section 27 of the Act. This regulation can be viewed here:

http://www.legislation.nsw.gov.au/sessionalview/sessional/sr/2009-268.pdf

The Environmental Planning and Assessment Amendment (Regional Panels) Regulation 2009 amends the Environmental Planning and Assessment

Regulation 2000 as follows:

to provide for various machinery matters arising out of the conferral on joint regional planning panels of council functions of determining development applications and applications to modify development consents,
to require joint regional planning panels to provide the Minister with information and reports,
to provide for periods after which a Crown development application may be referred to the Minister or a joint regional planning panel,
to make other consequential amendments and savings and transitional provisions relating to Crown development.

This Regulation can be viewed here:

http://www.legislation.nsw.gov.au/sessionalview/sessional/sr/2009-269.pdf

10. Policy Submissions

Call for comment on draft National Waste Policy Framework

Comments are invited on the draft National Waste Policy Framework - Less Waste More Resources. This policy aims to adopt a holistic approach to waste issues; be consistent with Australia 's international obligations; and ensure that climate change and sustainability drivers are taken into account. Comments close on Friday 31 July 2009.

For more information please visit:
www.environment.gov.au/wastepolicy.

Independent review of the Environment Protection and Biodiversity Conservation Act 1999: interim report

The independent expert panel has released an interim report as part of its 10 year review of the Act. This report outlines the major themes raised in public submissions, the consultation process and the Senate committee inquiry. The Panel is seeking further public comment on the interim report in general and in particular, on a number of specific areas identified in the report. The period for comment closes 5pm AEST Monday 3 August 2009. For more information see:

http://www.environment.gov.au/epbc/review/publications/interim-report.html

National Human Rights Consultation

ANEDO has now finalised 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 is now available on the EDO website, at http://www.edo.org.au/edonsw/site/policy.php#5

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

11. 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 at robert.ghanem@edo.org.au or call (02) 9262 6989 if you would like to contribute.

EDO in the Media

12. The Weekly Times: Snowy deal 'a fraud' (1 July 2009)

The Snowy River Alliance claims that the multimillion dollar agreement between the NSW, Victorian and Federal governments to stop the degradation of the Snowy River is a sham. The Snowy Hydro Corporatisation Act 1997, which came into effect seven years ago, was apparently designed to ensure that the three governments had no legal obligation to deliver the environmental objectives formerly set out. The EDO has been providing advice to the Snowy River Alliance.

The full text of this article is available at:

http://www.weeklytimesnow.com.au/article/2009/07/01/90581_water.html

Additionally, this story has been covered by the following media sources:

The Monaro Post: River keepers say agreement a 'sham' (1 July 2009) http://www.monaropost.com.au/ThreadView.aspx?tid=19930#post_19930

Crikey.com: Snowy River Salvation Fail (26 June 2009) http://www.crikey.com.au/2009/06/11/snowy-river-salvation-fail/

ABC Radio National Bush Telegraph: Forty years of drought for the Snowy River (26 June 2009) http://www.abc.net.au/rural/telegraph/content/2009/s2609516.htm

13. Tweed Shire Echo: Meeting condemns rally legislation (2 July 2009)

The EDO hosted a public meeting on the Motor Sports [World Rally Championship] Bill 2009, which will force the world rally on Tweed and Kyogle shires. More than 80 attendees roundly condemned the special legislation. EDO education officer Mark Byrne said the legislation had left the community with no direct input into decisions regarding the event. It also failed to address related issues, such as the need for drivers to stop and help injured animals under section 14 of the Prevention of Cruelty to Animals Act.

http://www.tweedecho.com.au/index.php?option=com_content&task=view&id=1384&Itemid=538

14. Northern Rivers Echo: Roadkill causing carnage to our native wildlife (2 July 2009)

Mark Byrnes, EDO Northern Rivers Education Officer, explores avenues for reducing the number of animals killed on Australian roads by obeying and enforcing current laws; making it easier to help injured animals; encouraging behavioural change by drivers; and making roads safer for animals.

The full text of this article is available at:

http://www.echonews.com/index.php?page=Opinion&article=26889&issue=413

15. Sydney Morning Herald: Heritage school sale infuriates residents (8 July 2009)

The former Enmore Public School, a 112 year old heritage listed building, has been bought by a Sydney property developer who plans to convert it into townhouses. Activists and the NSW Greens had fought to retain the site for educational purposes, and locals have accused the Government of breaching its own asset disposal guidelines by failing to consider alternative uses for the site within the education system. The EDO provided advice to members of the Enmore community who were concerned about the sale.

The full text of this article is available at:

http://www.smh.com.au/national/heritage-school-sale-infuriates-residents-20090707-dbw8.html

Law Notices - New South Wales

16. 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.

17. 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.

18. 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.

Batemans Bay foreshore redevelopment opportunity

Environmental Law Notices - Commonwealth

19. 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

NSW Department of Water and Energy/Natural resources management/Moira Lake Flora Reserve/NSW/Rehabilitation of Moira Lake Wetland System Stage 3

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4975

Victoria

Barwon Water/Waste management (sewerage)/Ocean Grove spit to Barwon Heads/VIC/Ocean Grove rising main 2 upgrade

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4978

La Trobe University/Transport - land/Between College Drive and Ring Road, La Trobe University/VIC/Development of Carpark 4

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4981

South East Water Limited/Water management and use/Hastings/VIC/Construct a Recycled Water Pipeline from Somers Treatment Plant to Blue Scope Steel

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4982

Rotary Club of Warrnambool, Daybreak/Agriculture and forestry/Griffith Island, Port Fairy/VIC/Maintenance of Access Track and Weed Removal

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4973

Queensland

Australia Pacific LNG Pty Limited/Energy generation and supply (non-renewable)/Walloon Gas Fields, Surat Basin, Darling Downs/QLD/Expansion of Coal Seam Gas Fields

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4974

Australia Pacific LNG Pty Limited/Energy generation and supply (non-renewable)/Western Downs of QLD to Curtis Island, Gladstone/QLD/Construct and operate 447km high pressure gas transmission pipeline

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4976

Australia Pacific LNG Pty Limited/Energy generation and supply (non-renewable)/ Curtis Island and Point Curtis/QLD/LNG Plant and Ancillary onshore and marine facilities

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4977

Hanson Construction Materials Pty Ltd/Mining/Flinders Hwy, Brookhill/QLD/Extension to existing Extractive Industry, Roseneath Quarry

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4984

Western Australia

Water Corporation/Water management and use/East Rockingham/WA/Wastewater Treatment Plant

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4970

Western Power Corporation/Energy generation and supply (non-renewable)/Pinjar to Eneabba to Moonyoonooka/WA/Transmission Line Rebuild and Extension

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4972

South Australia

OneSteel Manufacturing Pty Ltd/Mining/ Southern Middleback Ranges/SA/Project Magnet Phase 2

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4971

Commonwealth Marine

Karoon Energy International Ltd/Exploration (mineral, oil and gas - marine)/Permit Areas AC/P8 and JPDA 05-106/Commonwealth Marine/Controlled Source Electromagnetic 2D Survey

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4980

Community News

20. Seminar: Recognising Indigenous Fishing Rights

This seminar is for those interested in finding out about Indigenous fishing rights and their cultural and economic centrality to the Indigenous people. Additionally, the seminar will explore why courts are so reluctant to recognise an Indigenous right to commercial fishing. It is appropriate for both those with little or no knowledge of the issues, and those practising environmental law.

Date: Wednesday, 29 July 2009
Time: 6pm to 7.30pm
Venue: DLA Phillips Fox, Level 38 201 Elizabeth Street Sydney
Cost: Free
RSVP: By 22 July to tbabu@lawsocnsw.asn.au

21. Conference: Earth Jurisprudence Conference, Early Bird Registrations

Early Bird Registrations for the Earth Jurisprudence conference close on 31 July 2009.

The Earth Jurisprudence conference in Adelaide Hills aims to develop ideas on the role of Wild Law and Earth Jurisprudence in environmental protection. Delegates will share experiences and knowledge of the law and the environment in a network of like-minded individuals.

Speakers include Elizabeth Rivers, UK Environmental Law Association; Dr Paul Babie, Associate Dean (Research), University of Adelaide ; School of Law Professor Rob Fowler, University of South Australia ; and Law School Dr Nicole Graham, University of Technology Sydney.

For more information, please visit http://www.adelaide.foe.org.au/?page_id=233

Date: 16-18 October 2009
Venue: Woodhouse Rymill Centre, 37 Spring Gully Road, Piccadilly
RSVP: For earlybird registration, register by 31 July to peter.d.burdon@adelaide.edu.au

22. Positions Vacant: Executive Officer, National Parks Association of NSW

National Parks Association of NSW (NPA) seeks a new Executive Officer to provide strategic leadership to the staff and volunteers of the NPA. The Executive Officer's key function is to ensure NPA works efficiently and effectively to provide community support for policies and practices that protect and manage the natural areas of NSW. You will lead an active community-based organisation with a large membership base of over 5,000 people.

The salary range is $68-85K plus super.

Key Competencies Required:

Organisational leadership
Strategic planning
Stakeholder and media relations
Business development
High level public policy development, advocacy and change management/community mobilisation
Corporate governance and risk management
To apply and for further information, please visit:

http://www.npansw.org.au/web/about/employment_execofficer.htm

Applications Close: 10am Monday 27 July 2009

23. Lecture: 2009 Ingram Colloquium on International Law and Development, Climate Change and Development - Professor David Freestone

According to 'The Anatomy of a Silent Crisis' - the recent Report from the Global Humanitarian Forum panel chaired by Kofi Annan - ninety percent of the impacts of climate change are being felt by the poorest developing countries, despite the fact that their contribution to global carbon emissions is less than ten percent of global output.

In this lecture, Professor Freestone will examine some of the present and expected impacts of climate change on the developing world. In the lead up to the Copenhagen Meeting of the Parties to the UN Framework Convention on Climate Change in December, Professor Freestone will examine and assess the efficacy of the international legal framework for mitigation of, and adaption to, climate change, and the financial mechanisms that the international community is putting in place to assist developing countries in meeting these challenges.

Professor Freestone is in Australia as the Ingram Visiting Fellow in the Faculty of Law at UNSW.

Date: Thursday 13 August 2009
Time: 6pm for 6.30pm start
Venue: Faculty of Law, UNSW
Enquiries: David Leary at dleary@unsw.edu.au

To register online and for more information, please visit:
http://www.law.unsw.edu.au/News_and_Events/Events/Events.asp?type=&name=2487&year=2009

EDO NSW BULLETIN - 10 July 2009: Number 616