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EDO NSW BULLETIN 23 July 2009: Number 618The 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 Law and Policy Watch EDO in the Media Environmental Law Notices New South Wales Environmental Law Notices Commonwealth Community News EDO News and Events 1. Caring for the Coast community consultation survey The EDO is writing a free community education booklet on the various planning and environmental laws that apply to coastal areas. We have designed a brief survey to gauge the community's interest in different planning and environmental issues that face coastal communities. Please assist us by completing this survey at: Should you have any further questions, please contact Rosemary Bullmore on (02) 9262 6989. 2. EDO undertaking consultation on planning in NSW The EDO, in partnership with the Total Environment Centre is undertaking a community consultation on the NSW planning system. We are currently in the process of preparing a discussion paper that will describe the planning laws and how the Department of Planning makes decisions. The discussion paper will also focus on the role of the public in planning decisions. The discussion paper will inform a series of workshops which will be held in various locations throughout NSW. These workshops will provide an opportunity for members of the public to comment on what they think of the current planning system and what changes they would like to see. This information will be fed into a report to the Department of Planning. 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:
SELECTION CRITERIA The position is open to dynamic, self-motivated candidates who satisfy the following selection criteria: Essential
Desirable
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 27 July 2009 (the closing date for applications has been extended for one week). The Environmental Defender's Office NSW would like to sincerely thank Janelle from Adaptation Environmental Support for donating a computer to the office. The computer will be used to support our growing number of office volunteers and expand our capacity to take on more environmental work for the community. If you or your organisation would like to donate a computer to the EDO, please contact John Scanlan on 02 9262 6989. 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 send an email. 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 call (02) 9262 6989 or send an email. Boxes of 160 are also available on request for groups or organisations. Law and Policy Watch 7. United Nations Changes may Save the Whales Changes to the new regulations in Antarctic waters may see the only factory whaling ship, the Nisshin Maru, unable to enter Antarctic waters. The new rules which are being imposed by the United Nations International Maritime Organisation will mean that the Nisshin Maru will be unable to use its heavy fuel oil, the current hull-strength of the ship will not meet the new standards and the annual dumping of thousands of tonnes of offal at sea will be rejected in the global nature reserve. The regulations were backed by the Antarctic Treaty System after a series of accidents involving tourism cruise ships, including the sinking of MS Explorer. For the full article text, please visit: 8. Toxic waste in town's drinking water Lithgow residents have voiced their strong opposition to the use of industrial run-off in the town's drinking water. Doctors from the town have highlighted that the run-off water may be contributing to the area having some of the State's worst rates of cancer, heart disease and other health problems. The local council plans to increase the amount of recycled industrial water, including water used to flush out a coalmine. No research has been done on possible links between heavy metals in the water and health effects. General practitioners from the area have signed a petition outlining their strong opposition to the increased use of industrial run-off, due to the potential dangers to public health. The town began to add water extracted from the nearby Clarence Colliery to its drinking supply in 2002, to help make the town drought-proof. The council wants to nearly double the amount to more than 5 million litres a day. The Lithgow City Council maintains the water is safe, pointing out that most monthly quality tests in the past two years have shown no breaches of health guidelines. Drinking guidelines for aluminium content have been exceeded six times and iron once. For the full article text please visit: http://www.smh.com.au/environment/water-issues/toxic-waste-in-towns-drinking-water-20090714-dk55.html 9. Pulp mill legal bid unsuccessful A group of business owners and environmentalists have had a legal bid for information about Gunns' Tamar Valley pulp mill project knocked back in Hobart's Supreme Court. Three Tamar Valley landowners backed by Environment Tasmania were seeking from the Australian Government reasons for the granting of the approval to build the pulp mill in northern Tasmania. Justice Peter Evans dismissed the application, saying section 11 of the government's Pulp Mill Assessment Act prevents any legal applications being made to determine the assessment process. Environment Tasmania's Phil Pullinger says the decision denies democratic rights. "This is about getting proper accountability and transparency," he said. Tom Baxter, a law lecturer from the University of Tasmania, says the decision removes the rights of any citizen to obtain information about provisions placed on the mill. For thefull text of this article, please visit: http://www.abc.net.au/news/stories/2009/07/17/2629335.htm 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: 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. 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 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 or send an email. if you would like to contribute. EDO in the Media 12. Sydney Morning Herald: Chinese Coalminer to Buy Up Farms (22 July 2009) The Chinese Government-owned company trying to set up a huge coalmine in the Liverpool Plains, near Gunnedah, has been cleared to buy key farms in the region by the Federal Government's Foreign Investment Review Board. Shenhua Watermark, a subsidiary of the Chinese minerals giant Shenhua Group, will now move to buy six farms in the district. The Shenhua coal exploration area is next to an area where a coalition of local farmers has maintained a year-long blockade against BHP Billiton, which is also planning a series of coalmines. The EDO, acting for the Caroona Coal Action Group, has written that should the validity of the BHP Billiton license be called into question it could trigger an investigation into the Shenhua exploration area. For the full text of this article, please visit: http://business.smh.com.au/business/chinese-coalminer-to-buy-up-farms-20090721-ds59.html 13. Sydney Morning Herald: State's High Polluting Power Plants Seek to Expand Their Output (21 July 2009) Greenhouse pollution from the State's coal-fired electricity plants increased last year, making them overall the worst in the country, figures show, but the Planning Minister Kristina Keneally is now being asked to consider expanding them. Environmental reports lodged with Ms Keneally show the two State-owned power generators Macquarie and Delta want to greatly expand their output and are examining the option of both coal and gas power to achieve it. This article relates to why the Caroona case, above, is considered important by the EDO. For the full text of this article, please visit: 14. Four Corners: The Good Earth (20 July 2009) This program which aired on Monday night is a report about a group of farmers fighting to stop BHP Billiton's access to their land for mining exploration. 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 the farmers. To view the story on iVideo or to read the programme transcript, go to: http://www.abc.net.au/4corners/content/2009/s2628992.htm 15. Tweed Shire Echo: "Bad developments spark revolt' (16 July 2009) Last Sunday, Hastings Point locals staged a demonstration against the overdevelopment of their village in front of the controversial four-storey The Point' development. Communities across NSW are in revolt against inappropriate development and bad planning laws which developers are exploiting. Ms Sylvia Hale, the state Greens planning spokeswoman, told a crowd of around 80 people that not just Hastings Point, but all communities up and down the coast in places such as Bega, Sandon Point and Coffs Harbour, are experiencing inappropriate developments which is motivating residents to fight them. The EDO NR has provided advice and run cases in the Land and Environment Court and Court of Appeal for the Save Hastings Point Committee. For the full text of this article, please visit: http://www.tweedecho.com.au/index.php?option=com_content&task=view&id=1415&Itemid=538 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 Cessnock Sanctuary Villages, Draft Voluntary Planning Agreement http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3401 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. Kyogle Crown Reserves Draft Strategic Plan 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 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 Narrabri Coal Operations Pty Ltd/Mining/30km S-SE of Narrabri, Kamilaroi Highway, Narrabri, NSW/NSW/Conversion from Continous Miner Operation to Longwall Miner Operation Victoria City of Greater Geelong/Water management and use/Lovely Banks/VIC/Construction of Stormwater Harvesting Dam, Anakie Road Queensland Australian Broadcasting Corporation/Commonwealth/600 Coronation Dve, Toowong/QLD/Sale of ABC studios and heritage building known as Middenbury, 600 Coronation Dve, Toowong, Qld Shell Development (Australia) Pty Ltd/Mining/Gladstone City Gate to Curtis Island/QLD/Construction of a high pressure gas pipeline, Gladstone City Gate to Curtis Island, Qld Shell Development (Australia) Pty Ltd/Mining/Curtis Island, Approx. 6km N of Gladstone, QLD/QLD/Investigating the Development of a Liquefied Natural Gas Facility Willowbend (NQ) Pty Ltd/Residential development/Gumlow/QLD/Creation of 93 residential lots and parklands in stages 1A and 1B, Willowbend, Gumlow, QLD Western Australia United Iron Pty Ltd/Mining/Central Pilbara in the Shire of Ashburton/WA/Railway Iron Ore Project, to develop and operate mine, plant and supporting infrastructure, Central Pilbara, WA Mineralogy Pty Ltd/Mining/Cape Preston/WA/Expansion Proposal, Mineralogy Cape Preston Iron Ore Project, Cape Preston, WA Other Australian Land Australian Radiation Protection and Nuclear Safety Agency/Commonwealth/Macquarie Island/Other Aus land/water/Installation of a CTBT radionuclide air sampling station
20. 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:
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 21. Seminar: Conservation through Sustainable Use The Namibian Elephant Project In many Southern African countries, the major conservation effort is through community-based natural resource management initiatives. These aim to conserve wildlife and habitats by reducing conflict between the resource users and wildlife through both non-consumptive and consumptive tourism. In northwestern Namibia, the populations of both people and elephants are increasing and the chances of conflicts are likely. However, elephants are becoming increasingly important income generators for local conservancies and are seen by many conservancies as integral to development. What is lacking at the local level is the knowledge on how to manage and conserve large moving elephant populations. Dr Keith Leggett is the founder, CEO and trustee of the Namibian Elephant and Giraffe Trust an organisation dedicated to the long term sustainability of Namibia's desert elephant and giraffe through research and education. Dr Leggett has been conducting the Northwest Namibian Desert-Dwelling Elephant project since 2001. He has spent 18 years in southern Africa working for NGOs in Zimbabwe, Botswana and Namibia engaged in wildlife conservation, natural resource management and ecotourism. This seminar will focus on data gathered during 12 years of monitoring of elephants in the Kunene region of Namibia. The elephants involved in this study are resident for the majority of their time within the communal areas outside of protected areas.
22. Seminar: New Era for Incorporated Associations in NSW This seminar will cover changes to the law governing associations in NSW, including:
23. Leadership Workshop: Leading with the Heart Leading with the Heart begins with a 3-day workshop that will enable you to:
There are also opportunities to train as mentors and facilitators for Youth LEAD (OzGREEN's award winning youth environmental leadership program) and opportunities to volunteer with OzGREEN programs within Australia and Internationally. Date: 14 16 August For more information, and to register, please visit www.ozgreen.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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