EDO NSW BULLETIN – 17 July 2009: Number 617

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 Case Update: Burke v Director of Public Prosecutions
2. Case Update: Lyall Munro & Wayne Nean v Minister for Planning & Moree Plains Shire Council
3. EDO position vacancy: Education Officer
4. Invitation for Private Conservation landholders
5. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW

Law and Policy Watch

6. Streamlined Environmental Assessments in Australia
7. Final Results of Local Infrastructure Contributions
8. New Policy Statement for Wind Farm Industry
9. Green ban imposed in Pyrmont
10. Policy Submissions
11. Legislative Reviews

EDO in the Media

12. Four Corners: ‘THE GOOD EARTH' – Monday 20 July 2009 on ABC1
13. ABC New England: Mining warden to decide on property access row (16 July 2009)
14. Tweed Shire Echo: Anti-rally protesters target Garrett (16 July 2009)
15. Byron Shire Echo: Environment Council Breaks DECC Stalling (14 July 2009)

Environmental Law Notices – New South Wales

16. Major Project Proposals – Invitation to Comment
17. State Conservation Notices – Invitation to Comment
18. Department of Lands – Public Exhibition

Environmental Law Notices – Commonwealth

19. EPBC Referrals – Invitation to Comment

Community News

20. Seminar: Voices from the Front Line: Pacific Island Speaking Tour
21. Forum: The Perfect Storm - Australia's role in dealing with the triple crunch of the global financial crisis, climate change and rising food prices
22. Positions Vacant: New Media and Publications Manager, The Climate Institute
23. Seminar and Book Launch: Climate Action – How citizens acting together can save the planet
24. Fundraiser: Green Roast Comedy, The Wilderness Society

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EDO News and Events

1. EDO Case Update: Burke v Director of Public Prosecutions
The EDO is acting for Tilba environmental activist, Sean Burke, in his criminal appeal against convictions for obstruction and intimidation. Mr Burke participated in a peaceful protest blockade in the Bodalla State Forest and was charged with and convicted of obstructing the path of loggers and intimidation under section 545B(1)(i) of the Crimes Act 1900. Mr Burke's intimidation conviction has serious implications for environmental protestors across NSW. The conviction invokes an obscure section of the criminal law which was traditionally used against trade unionists picketing workplaces. It appears that this is the first time the section has been used against an environmental protestor. The section extends the common understanding of ‘intimidation' to causing a reasonable apprehension of injury to another person's occupation or source of income. In this case, the facts indicate that the protest blockade was not intimidating in any sense. Mr Burke's appeal is likely to be heard in August this year.

2. Case Update: Lyall Munro & Wayne Nean v Minister for Planning & Moree Plains Shire Council
The Land and Environment Court has now made directions to progress the filing of evidence and pleadings in this matter. The case is back before the Land and Environment Court for directions on 4 September 2009.

Seperate proceedings have been commenced by Lyall Munro and Wayne Nean in the Supreme Court to challenge the Minister for Lands' decision to revoke the dedication of Taylor Oval as a public recreation area. The clients are bringing these proceedings as Gomeroi Elders and in accordance with their duty to protect their cultural heritage and what they believe is a burial site and important site for reconciliation in Moree. The clients have filed a Motion to have these proceedings referred to the Land and Environment Court. The Minister for Lands is currently opposing our clients standing to challenge his decision. The issue of whether our clients have standing will be dealt with at a hearing on 30th July 2009 before the Supreme Court.

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. 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 by email.

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, 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 contact us on (02) 9262 6989 or by email. Boxes of 160 are also available on request for groups or organisations.

Law and Policy Watch

6. Streamlined Environmental Assessments in Australia
Bilateral agreements for environmental assessments have been put in place between the Commonwealth and all Australian States and territories with Victoria and the ACT both signing agreements in the past month. These agreements relate to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

Victoria and the ACT may now run a single environmental assessment process for projects that require environmental approval at both a federal and a State/territory level.  This assessment may then be used by both levels of government in making separate approval decisions.

The bilateral agreements can be viewed at www.environment.gov.au

7. Final Results of Local Infrastructure Contributions
On 13 July 2009 the final results of a review into levies charged by local councils on housing development, was announced by Planning Minister Kristina Keneally. The review was commenced in December 2008, when the NSW Government announced a plan to reduce State levies by up to $27,000 and introduce a $20,000 per lot threshold for council levies. This review has resulted in six councils being directed to, and six volunteering to, reduce one or more of their plans to below the $20,000 threshold.

The full text of this report is available at: http://www.planning.nsw.gov.au/planningsystem/pdf/medrel_s94levies_round2_13jul09.pdf

8. New Policy Statement for Wind Farm Industry
Federal Environment Minister Peter Garrett today released a new policy statement aimed at helping the wind farm industry to meet national environment law.

The Wind Farm Industry Policy Statement will help wind farm operators decide whether to refer wind farm proposals for assessment and approval under national environment law. Responsibility for the assessment and approval of proposed wind farms rests primarily with the States and territories. However, under national environment law, the federal Environment Minister plays a role where there are potential impacts on matters of national environmental significance.

The EPBC Act Policy Statement 2.3 – Wind Farm Industry is available from the Department of the Environment, Water, Heritage and the Arts, Community Information Unit on 1800 803 772 or at www.environment.gov.au/epbc/policy/index.html

9. Green ban imposed in Pyrmont
The Sydney Morning Herald today reported that a green ban has been imposed on the site the State Government has chosen for the Pyrmont CBD Metro station. The ban, by the Construction Forestry Mining and Energy Union, places more pressure on the Transport Minister, David Campbell, to find another site. The EDO has been discussing the possibility of a return of green bans in response to planning laws that increasingly sideline community consultation and participation.  

For the full text of the article please visit: http://www.smh.com.au/national/green-ban-hits-pyrmont-20090716-dn0t.html

10. Policy Submissions
Consultation on the National Parks and Wildlife Amendment Bill

The NSW Department of Environment and Climate Change has consulted on a range of proposed amendments to the National Parks and Wildlife Act 1974 and Threatened Species Conservation Act 1995. The EDO has finalised its submission which is now available on the EDO website: http://www.edo.org.au/edonsw/site/pdf/subs09/090713npw_amend.pdf

Inquiry into the Access to Justice (Civil Litigation Reforms) Amendment Bill 2009

On 25 June 2009 the Senate referred the Access to Justice (Civil Litigation Reforms) Amendment Bill 2009 for inquiry and report. The bill seeks to amend the Federal Court of Australia Act 1976 to bring about change in the conduct of litigation to ensure more efficient civil litigation in the Federal Court of Australia, the Family Court of Australia and the Federal Magistrates Court. The proposed changes include case management and procedural reforms, streamlining appeals processes and clarifying the powers of the heads of each federal court.

Submissions should be received by 31 July 2009.  The bill can be viewed here: http://www.comlaw.gov.au/ComLaw/Legislation/Bills1.nsf/bills%5Cbynumber/11A16A87364D9D1FCA2575DF000E044C?OpenDocument&mostrecent=1

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

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. If you would like to contribute please contact us Robert Ghanem on (02) 9262 6989 or by email.      

EDO in the Media

12. Four Corners: ‘THE GOOD EARTH' – Monday 20 July 2009 on ABC1
“The Good Earth” is a 4 corners report about farmers' fight to stop BHP Billiton's access to their land for mining exploration in Caroona. “Now the conservative, National Party-voting farmers have begun an activist campaign that green groups would be proud of. For the past 12 months they have manned a blockade to stop the mining companies' exploration work. The action has meant court hearings and the issue has split the National Party.” The Environmental Defender's Office is acting for Caroona Coal Action Group. This story will go to air at 8.30pm on Monday 20th July on ABC1. http://www.ccag.org.au/images/stories/pdfs/the%20good%20earth.pdf

13. ABC New England: Mining warden to decide on property access row (16 July 2009)
The mining warden will today hand down his decision in another property access dispute with BHP Billiton at the local court in Gunnedah.

The proceedings were brought by the Blomfield, Evans, Grant and Hockey farming families, who are situated on the southern boundary of BHP Billiton's coal exploration licence. In May, four other Caroona farmers lost their case to stop the mining giant from entering their land but an appeal has since been launched. The EDO is acting for the Caroona farmers in this appeal case. http://www.abc.net.au/news/stories/2009/07/16/2627445.htm?site=newengland

14. Tweed Shire Echo: Anti-rally protesters target Garrett (16 July 2009)
Anti-rally protesters have called on federal environment minister Peter Garrett to uphold federal law after the NSW Government rammed through its NSW Motor Sports Act, sidelining a raft of existing State laws.

No Rally group spokesman Scott Sledge said Mr Garrett had a responsibility to protect threatened wildlife and areas of national significance as well as the ecotourism value of the rally route. EDO Northern Rivers is providing advice to 7th Generation, one of the groups opposing the rally.

For the full text of this article please visit:
http://www.tweedecho.com.au/index.php?option=com_content&task=view&id=1412&Itemid=538

15. Byron Shire Echo: Environment Council Breaks DECC Stalling (14 July 2009)
The North Coast Environment Council (NCEC) last week claimed victory in its long-running dispute with the Department of Environment and Climate Change (DECC) over a Freedom of Information claim. In February last year, the NCEC made a Freedom of Information application to obtain copies of 17 logging approvals issued by the Department of Environment and Climate Change over forests in northern NSW.  The request was repeatedly refused by the Department. After 18 months of legal wrangling and a challenge that was taken all the way to the NSW Administrative Decisions Tribunal, NCEC finally obtained the documents it was asking for. EDO Northern Rivers acted for the NCEC.

For the full text of this article please visit: http://www.echo.net.au/news/latest_news/environment_council_breaks_decc_stalling_200907132213.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://majorprojects.planning.nsw.gov.au/index.pl?action=search&status_id=6

Sapphire Beach – CP for Residential Subdivision http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3096

Erskine Park – Reckitt Benckiser Warehouse Project http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3213

Sapphire Beach – Stage 1 Preparation and Demolition http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3097

Steel River - Knauf Insulation Project: http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3292

Sydney Olympic Park – 8 storey serviced apartment building http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2566

Darlinghurst - Garvan St Vincent's Campus Cancer Centre http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2869

Darlinghurst – Darlinghurst Medical Research Precinct http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2868

Channel 7 Epping – Residential Development http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2847

Channel 7 Epping – Early Works Package http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2846

Appin Coal Mine, Douglas Park – Drainage Project http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2827

Toukley – Seniors Housing Development http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2694

Illawarra International Health Precinct, Huntley – Concept Plan http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2656

Glennies Creek – Integra Open Cut Coal Project http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2701

Cadia – Cadia East Gold/Copper Mine http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=41

Redfern – Amendment to Height of Buildings http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3360

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.

No new notices since the last eBulletin

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

North West Transport Hub/Commercial development/Garfield Rd West and Riverstone Pde, Riverstone/NSW/Bulk Earthworks

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4998

Roads and Traffic Authority of NSW/Transport - land/Glenugie/NSW/Proposed Upgrade of the Pacific Highway between Franklins Road and Eight Mile Lane, Glenugie, NSW

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5002

Victoria

SA Water Corporation/Natural resources management/Mulcra Island/VIC/Water management structures

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4991

Victorian Motorless Flight Group Inc/Tourism and recreation/Bacchus Marsh Aerodrome, Parwan, 6.5km Sth of Bacchus Marsh/VIC/Installing Bitumen Strips as Take-off Paths

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4996

Union Fenosa Wind Australia Pty Ltd/Energy generation and supply (renewable)/Berrybank/VIC/Construction of Wind Farm and supporting infrastructure

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4997

City of Greater Geelong/Water management and use/Lovely Banks/VIC/Construction of Stormwater Harvesting Dam, Anakie Road

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5001

Queensland

Les Dickinson/Tourism and recreation/Carlo Point/QLD/Contruction of residential tourism and marina development

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4993

Western Australia

Fugro Multi Client Services Pty Ltd/Exploration (mineral, oil and gas - marine)/220km N-W off Kimberley, Ashmore Cartier Is, Bonaparte Basin/WA/2 (3D) Marine Seismic Surveys 

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4994

Western Power Corporation/Energy generation and supply (non-renewable)/Between proposed Milyeannup Wind Farm and SW System/WA/Construction of 14.5km 132kV transmission line

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4995

Northern Territory

SIPC Australia Pty Ltd/Exploration (mineral, oil and gas - marine)/Bonaparte Basin/NT/Panda NT/P76 3D Seismic Acquisition Survey Program 

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4992

Commonwealth Marine

CNOOC Australia E&P Pty Ltd/Exploration (mineral, oil and gas - marine)/Permit Area WA-406-P/Commonwealth Marine/Songa Venus Drilling Programme, Bonaparte Basin

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=4990

Other Australian Lands

Australian Radiation Protection and Nuclear Safety Agency/Commonwealth/Macquarie Island/Other Aus land/water/Installation of a CTBT radionuclide air sampling station

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5000

Community News

20. Seminar: Voices from the Front Line: Pacific Island Speaking Tour
This seminar will feature an opportunity to meet the people at the frontline of climate change in the Pacific. They will tell their personal stories of the effects of climate change on their homes and livelihoods; what they are doing to protect their communities and ensure that their cultures live on; and what you can do to support their fight for survival.

Date: Thursday, 23 July 2009
Time: 6.30pm for a 7.00pm start
Venue: Mitchell Theatre, Sydney Mechanics School of Arts, Level 1, 280 Pitt Street Sydney
Cost: Free
RSVP: climate@au.greenpeace.org or 1800 815 151

21. Forum: The Perfect Storm - Australia's role in dealing with the triple crunch of the global financial crisis, climate change and rising food prices
This is an ALP Conference Forum by Oxfam Australia and the Centre for Policy Development. Speakers include Sharan Burrow, Andrew Hewett, Reverend Tafue Lusama, Ian Dunlop and Ben McNeil.

Date: Friday 31 July, 2009
Time: 6pm to 7.30pm
Venue: Sussex Room, Crowne Plaza, 150 Day Street Darling Harbour, Sydney.

For more information please visit: https://www.oxfam.org.au/campaigns/climate-change/take-action/pacific-speakers-tour/tour-details.php

22. Positions Vacant: New Media and Publications Manager, The Climate Institute
The Climate Institute is an independent research and advocacy group committed to driving innovative solutions for communities, businesses and governments to manage the risks and seize the opportunities of addressing climate change.

This Sydney based position would suit a motivated individual with 2-3 years, experience working in media or public relations and who is passionate about affecting change. The position reports to the Communications Director

Selection Criteria - essential

• Two to three years experience in a communication role
• Detailed knowledge of online social networking tools and platforms
• Experience in website management and maintenance
• Advanced Microsoft Office (Word, Excel and Publisher)
• Proficient in graphic software (Adobe Photoshop or similar)
• Excellent written and research skills

For the full job description please visit www.climateinstitute.org.au.

Applications close on Tuesday 21 July 2009.

23. Seminar and Book Launch: Climate Action – How citizens acting together can save the planet
Federal and State governments, under the influence of vested interests, have failed to implement effective climate change mitigation policies. Now it's up to citizens, in the spirit of participatory democracy, collectively to demand substantial action instead of tokens. Potential strategies and tactics will be discussed. Mark Diesendorf's new book, Climate Action: A Campaign Manual for Greenhouse Solutions, will be launched.

Date: Wednesday 26 August
Time: 6.00pm -7.45 pm
Where: Keith Burrows Theatre, UNSW.
Cost: Free, no bookings required
Speakers: Senator Christine Milne (Australian Greens), Dr Sarah Maddison (UNSW) and Dr Mark Diesendorf (UNSW)

For more information please visit:
http://www.ies.unsw.edu.au/newsevents/news-events.html

24. Fundraiser: Green Roast Comedy, The Wilderness Society
This year renowned humourist, Wendy Harmer, introduces another evening of euphoric laughter at the infamous 'Green Roast'. It's the night when every tree-hugging, basket-weaving, left-leaning 'greenie' is fair game for rampant ridicule. National and international stand-up stars will be on hand to ensure that the 'pith' is well and truly taken.

Date: Tuesday 28 July.
Time: Bar opens 7pm, doors open 7.30pm, show starts 8pm
Place: The Comedy Store, Entertainment Quarter, Moore Park
Cost: Tickets $35. All proceeds go to The Wilderness Society campaigns.
RSVP: For more information, please contact Mal Fisher on (02) 9282 9553

To buy tickets online, please go to
http://sa2.seatadvisor.com/sabo/servlets/TicketRequest?eventId=100027390&presenter=AUCENTURY&venue=AUTHECOMEDY&event