EDO NSW BULLETIN - 28 July 2009: Number 619
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: Peter Gray & Naomi Hodgson v Macquarie Generation
2. Georgina Woods, Carly Phillips, Jonathan Moylan & Ridley Leathart v Director of Public Prosecutions
3. Biodiversity Factsheets now available online
4. Caring for the Coast community consultation survey
5. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW
Law and Policy Watch
6. New NSW State Department: Department of Environment, Climate Change & Water
7. Joint Regional Planning Panels: State Members Appointed
8. Government green light for river red gum assessment welcomed
9. Policy Submissions
10. Legislative Reviews
EDO in the Media
11. Sydney Morning Herald: 'Power Firm Sued Over Carbon Emissions' (28 July 2009)
12. Sydney Morning Herald : Carr tells Rees to save Riverina Red Gums (24 July 2009)
13. The Age: Timber Body Under Fire Over Climate Aid Claims (26 July 2009)
14. Northern Star : Parklands Decision Out of Our Hands (27 July 2009)
15. Namoi Valley Independent : Council Forced to Defer on Airstrip (27 July 2009)
16. The Illawarra Mercury: Killalea - How can you sell what you don't have? (27 July 2009)
17. ABC Online : 'Productive' talks over Snowy flows (23 July 2009)
18. 7.30 Report : Proposed Sand Mines Met with Bitter Opposition (21 July 2009)
Environmental Law Notices - New South Wales
19. Major Project Proposals - Invitation to Comment
20. State Conservation Notices - Invitation to Comment
21. Department of Lands - Public Exhibition
Environmental Law Notices - Commonwealth
22. EPBC Referrals - Invitation to Comment
Community News
23. Forum: SCCG Climate Change Forum Series, 23 August 2009
24. Community News: Food Connect wins Banksia's People Choice Award
25. Seminar and Book Launch: Climate Action - How citizens acting together can save the planet
26. Southern Cross University Reaches Landmark Environmental Sustainability Agreement
27. Community Advocacy: Ku-Ring-Gai Residents Alliance
EDO News and Events
1. EDO Case: Peter Gray & Naomi Hodgson v Macquarie Generation
On behalf of Peter Gray and Naomi Hodgson the EDO has commenced class 4 civil enforcement proceedings in the Land and Environment Court against Macquarie Generation. The proceedings seek a declaration that the State-owned company has been negligently disposing of waste at their Bayswater Power Station by emitting carbon dioxide into the atmosphere in a manner that has harmed or was likely to harm the environment in contravention of section 115(1) of the Protection of the Environment Operations Act 1997 . Mr Gray and Ms Hodgson also seek an injunction requiring Macquarie Generation to immediately cease disposing of waste through the emission of carbon dioxide into the atmosphere. In carrying out its electricity generation activities, Macquarie Generation has been issued with an environment protection licence which licences the company to emit certain waste but not carbon dioxide.
Mr Gray and Ms Hodgson are environmental activists and members of Rising Tide Australia, a grass roots non-profit community group that has campaigned on the issue of climate change since 2004, particularly in relation to coal-fired power generation in the Hunter region in NSW. Bayswater Power Station, located in the Upper Hunter Valley, has the highest carbon dioxide emissions of all power stations in NSW.
The matter is listed for directions on 21 August 2009 before the Land and Environment Court.
2. Georgina Woods, Carly Phillips, Jonathan Moylan & Ridley Leathart v Director of Public Prosecutions
The EDO is acting on behalf of four climate change protestors in a criminal appeal against an order made by Magistrate Colin Elliot at Raymond Terrace Local Court for the protestors to pay Tomago Aluminium Company Pty Limited (51.55% owned by Rio Tinto Alcan) $5000 under s 77B of the Victims Support and Rehabilitation Act 1996. The protestors, who were campaigning against cheap electricity and CPRS concessions being provided to heavy polluters such as Aluminium smelters, attached themselves to railings on the premises of Tomago Aluminium Smelter blocking the passage of trucks. The protestors were charged and convicted with entering inclosed lands and resisting or hindering police. In addition, they were imposed with the victim's compensation order.
The protestors will argue that there was no relevant link between the charges and the loss allegedly suffered by Tomago Aluminium to justify the compensation order made. The protestors also seek to question whether it is appropriate for the Victims Support and Rehabilitation Act 1996 to be invoked by big business to deter or disable peaceful political expression. The EDO has engaged specialist criminal law barrister, Ken Averre, to appear for the protestors in the appeal proceedings.
3. Biodiversity Fact sheets now available online
The EDO has produced a new range of fact sheets on Biodiversity. These fact sheets cover legislation on threatened species and ecological communities; protecting native animals and plants; protected areas; and conservation on private land.
These factsheets are available free on our website at: http://www.edo.org.au/edonsw/site/factsh/fs06_1.php
4. 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:
http://www.edo.org.au/edonsw/site/survey/caringforcoast_survey.php
Should you have any further questions, please contact Rosemary Bullmore (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, 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. Boxes of 160 are also available on request for groups or organisations.
Law and Policy Watch
6. New NSW State Department: Department of Environment, Climate Change & Water
On 27 July 2009 the Department of Environment, Climate Change and Water was formalised through the publication of Administrative Orders. The Orders establish the Department of Environment, Climate Change and Water effective from 1 July 2009. A copy of the Orders can be found on the NSW Government website at: http://www.legislation.nsw.gov.au/maintop/epub
The Department is one of the agencies that form the new Environment, Climate Change and Water super agency cluster, along with Sydney Catchment Authority, Zoological Parks Board, Royal Botanic Gardens, Jenolan Caves Reserve Trust & Lord Howe Island Board and the Catchment Management Authorities. The Natural Resources Commission will remain with the Department of Premier and Cabinet.
The Government has changed the name of the Department of Environment and Climate Change and combined its responsibilities with the water management responsibilities of the former Department of Water and Energy. Under this Departmental arrangement, there will be two Ministers: the Minister for Climate Change and the Environment and the Minister for Water.
7. Joint Regional Planning Panels: State Members Appointed
On Friday 24 July, the NSW Government appointed 23 state members to the new Joint Regional Planning Panels (JRPPs). These members are purported to have expertise across a range of fields such as town planning, management, architecture and law. The new panels, which will start making decisions from as early as next month, include three State Government appointed members and two members appointed from a relevant local council. NSW Planning Minister Ms Keneally said the panels will determine development applications worth more than $10 million, or $5 million for community infrastructure or projects where council is the applicant.
For more information on the Joint Regional Planning Panels, please visit: http://jrpp.planning.nsw.gov.au/
For more information on the State Members appointed, including their names and biographies, please visit: http://jrpp.planning.nsw.gov.au/LinkClick.aspx?fileticket=m64Bg2wrr8Q%3d&tabid=38
8. Government green light for river red gum assessment welcomed
The NSW Government has commissioned an independent regional assessment of the Riverina region and its significant red gum forests. The inquiry will be carried out by the Natural Resources Commission. This inquiry is an important step towards the protection of NSW's river red gum forests.
9. Policy Submissions
- Regional Forest Agreement review (NSW)
Public consultation is invited on the first Draft Report on Progress with Implementation of the New South Wales RFAs ( http://www.environment.nsw.gov.au/resources/forestagreements/09200draftrfa.pdf ) . Written submissions on the draft report should be mailed to: the Resource and Conservation Unit, Department of Environment and Climate Change, PO Box A290, Sydney South, NSW 1232 or emailed to info@environment.nsw.gov.au.
Submissions must be received by no later than Monday 7 September 2009.
- Rural wind farms (Inquiry)
This Legislative Council inquiry is being conducted by the General Purpose Standing Committee No. 5 .The Inquiry was established on 25 June 2009, to inquire into, and report on, the social, environmental and economic costs and benefits of rural wind farms.
The Committee invites public participation in the inquiry process. Written submissions addressing the inquiry terms of reference can be emailed, faxed or mailed to the committee secretariat by the closing date , 21 August 2009.
For more information, please visit: http://www.parliament.nsw.gov.au/gpsc5
- 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
10. Legislative Reviews
Legislation in NSW is usually reviewed after five years. A review is carried out to determine whether the policy objectives of an Act remain valid and whether the means of addressing these objectives are appropriate. The following Acts are shortly due for review:
- Native Vegetation Act 2003,
- Natural Resources Commission Act 2003,
- Catchment Management Authorities Act 2003, and
- Threatened Species Conservation Act 1995.
In anticipation of these reviews, the EDO is gathering information on key issues of concern, problems with implementation and suggestions for improvement. Please contact Robert Ghanem (02) 9262 6989 if you would like to contribute.
EDO in the Media
11. Sydney Morning Herald: 'Power Firm Sued Over Carbon Emissions' (28 July 2009)
The EDO successfully initiated a case in the NSW Land and Environment Court against Macquarie Generation yesterday. This is Australia's first legal challenge to carbon emissions from a coal-fired power plant. The case has been brought by Rising Tide and the EDO believes this case has the potential to toughen emissions laws across the country.
In the court proceedings it will be alleged that the company is ''negligently disposing of waste at their Bayswater power station by emitting carbon dioxide into the atmosphere in a manner that has harmed or is likely to harm the environment'', which could be a contravention of the NSW Protection of the Environment Operations Act 1997.
For the full text of this article, please visit: http://www.smh.com.au/environment/power-firm-sued-over-carbon-emissions-20090727-dyra.html
The Bayswater case was also the subject of a Lateline story on 27 July 2009. EDO Principal Solicitor Kirsty Ruddock was interviewed about the case and the potential for future climate change litigation.
The transcript and story may be viewed at the following link: http://www.abc.net.au/lateline/content/2008/s2638090.htm
12. Sydney Morning Herald : Carr tells Rees to save Riverina Red Gums (24 July 2009)
The former premier Bob Carr has challenged his successor Nathan Rees to support the campaign to stop logging river red gums in the Riverina, arguing that saving the forests is, "the most urgent nature conservation challenge we face in this State." Environmentalists accuse Forests NSW of allowing 'illegal' logging of the red gums, saying it breaches federal laws protecting threatened species including the superb parrot. EDO Northern Rivers is providing advice in this matter.
For the full text of this article, please visit: http://www.smh.com.au/environment/conservation/carr-tells-rees-to-save-riverina-red-gums-20090723-duxa.html
For the opinion piece by Bob Carr reported in this article, please visit: http://www.smh.com.au/environment/conservation/logging-river-red-gums-is-vandalism-20090723-duum.html
13. The Age: Timber Body Under Fire Over Climate Aid Claims (26 July 2009)
Forest & Wood Products Australia is being investigated over claims it misled the public by asserting that buying wood products helps the fight against climate change. The Wilderness Society has submitted a complaint to the Australian Competition and Consumer Commission and asked the company to respond to allegations it made two deceptive claims: that the carbon dioxide stored in trees is locked up when they are logged and converted into wood products, and that forestry is one of Australia's most greenhouse-friendly industries. EDO Victoria has advised The Wilderness Society on this matter.
For the full text of this article, please visit: http://www.theage.com.au/environment/timber-body-under-fire-over-climate-aid-claims-20090726-dxjx.html
14. Northern Star : Parklands Decision Out of Our Hands (27 July 2009)
This article reports on the NSW Government's announcement that a new Development Application from the promoters of the Splendour in the Grass music festival for a permanent festival site at Yelgun will be considered as a Part 3A development. The EDO Northern Rivers represented local group Conservation of North Ocean Shores (CONOS) in its successful Land and Environment Court challenge to the original Development Application.
For the full text of the article please visit: http://www.northernstar.com.au/story/2009/07/27/govt-move-on-yelgun/
15. Namoi Valley Independent : Council Forced to Defer on Airstrip (27 July 2009)
Gunnedah Shire Council has had to defer its decision on a Development Application by Kennedy Air Ag Pty Ltd for a controversial airstrip on Quia Road due to a facsimile by the EDO. The fax referred to potential legal implications relating to SEPP 44 if the Council approved the Development Application. Mayor Adam Marshall stated that council had to be mindful that any decision it made could be challenged in the Land and Environment Court and council would be spending ratepayers' money. The matter has been deferred to early August with council staff to seek legal advice. The EDO is acting for concerned residents of the Gunnedah local government area.
16. The Illawarra Mercury: Killalea - How can you sell what you don't have? (27 July 2009)
The EDO has called on the NSW Lands Minister to explain why a company with no final lease on Killalea State Park has indicated it already owns, and plans to sell, the State Park. In an announcement to the Australian Stock Exchange on Wednesday the company, Mariner Financial, opened an exclusive due diligence period on the Killalea property. The move sparked the ire of community members already concerned at moves by private companies to develop the site. The EDO is representing the Save Killalea Coalition.
For the full text of the article, please visit: http://www.illawarramercury.com.au/news/local/news/general/killalea-how-can-you-sell-what-you-dont-have/1578157.aspx
17. ABC Online : 'Productive' talks over Snowy flows (23 July 2009)
A meeting between politicians and environmentalists on the future of the New South Wales Snowy River is being described as a "positive step forward".
The State Water Minister Phillip Costa and Federal Member for Eden-Monaro Mike Kelly met with the Snowy River Alliance yesterday. Mr Kelly says the meeting went through the outcomes and content of the Snowy Scientific Committees report and recommendations. The environmental group Snowy River Alliance says it is pleased with the outcome of the meeting. The EDO has been advising the Snowy River Alliance.
For the full text of the article, please visit: http://www.abc.net.au/news/stories/2009/07/23/2634025.htm
18. 7.30 Report : Proposed Sand Mines Met with Bitter Opposition (21 July 2009)
This story is about the Somersby Plateau on the New South Wales central coast. It is rich in sandstone but the local community is opposed to the construction of any new sand mines. The EDO science team prepared a submission on this issue and one of the experts on our science register, Professor Bill Musk, is interviewed here.
For the transcript and video of this story, please visit: http://www.abc.net.au/7.30/content/2009/s2632563.htm
Law Notices - New South Wales
19. 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
No new Projects listed since last week's Bulletin
20. 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.
21. 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.
- Halifax, Shoal Bay and Fingal Bay Holiday Parks - draft plans of management
Environmental Law Notices - Commonwealth
22. 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
Afteron Pty Ltd/Commercial development/Minchinbury/NSW/Proposed Rezoning of land at 60 Wallgrove Rd, Minchinbury, NSW
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5012
Mir Group of Companies/Residential development/Kellerman Dr., St Helens Park, Campbelltown, /NSW/Residential Development, St Helens Park, NSW
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5015
Western Australia
Griffin Coal Mining Company Pty Ltd/Mining/18km S-E of Collie, South of Coalfields Road/WA/Extension of coal mine, abutting Muja Mine, Collie, WA
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5014
Commonwealth Marine
Enovation Resources on behalf of Arcadia Petroleum/Exploration (mineral, oil and gas - marine)/Permit areas WA-379-P & WA-380-P/Commonwealth Marine/Bremer Basin 2D Marine Seismic Survey, WA
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5013
Community News
23. Forum: SCCG Climate Change Forum Series, 23 August 2009
The Sydney Coastal Councils Group (SCCG) will be presenting an informative and empowering community-focussed climate change forum. The forum will feature a presentation on the latest climate change science, case studies of successful local actions and encourage the discussion of future actions and solutions. This event is free and open to all concerned members of the public who want to be informed, act and meet other concerned locals.
Date: Sunday, 23 August 2009
Time: 11.00am to 4.00pm
Venue: Customs House,The Barnet Long Room, 31 Alfred St, Circular Quay, Sydney
Cost : Free, lunch provided
RSVP : Numbers are limited so RSVP's are essential. To register your interest for the event please email your name and local government area by August 19 2009 to ragnar@sydneycoastalcouncils.com.au
24. Community News: Food Connect wins Banksia's People Choice Award
The Banksia Environmental Foundation, established in 1989, is a national not-for-profit organisation that promotes environmental excellence and sustainability through its Awards program and other associated events.
Food Connect has won the People's Choice Banksia for 2009. Food Connect is a unique, innovate fresh food distributor, with the dual goals of making clean, local food an affordable reality for as many families as possible, while working towards creating a sustainable food system for South East Queensland. By eating food that is grown within a five hour radius of Brisbane, Food Connect members cut down on their greenhouse gas emissions and reduce their carbon footprint. Farmers are paid fair prices and are offered incentives for farming in chemical free, ecologically sustainable ways.
For more information about this Banksia award, please visit: http://www.banksiafdn.com/index.php?option=com_content&view=article&catid=52&id=87&Itemid=90
For more information on Food Connect, please visit: http://www.foodconnect.com.au/
25. 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
26. Southern Cross University Reaches Landmark Environmental Sustainability Agreement
Southern Cross University staff today applauded a landmark Environmental Sustainability agreement. The in-principle agreement, reached between Southern Cross University and the Community and Public Sector Union on behalf of University general staff, will be incorporated into the new Enterprise Agreement that is currently under negotiation. The Agreement, the most comprehensive and enforceable provision so far negotiated in Australia, provides for:
A broad Environmental Sustainability Working Party to drive policy development, environmental auditing and target setting on carbon emissions, water and energy
Reducing carbon emissions through flexible travel and car-pooling
Comprehensive training and education for staff on energy efficiency, transport, waste and water use
Protection for staff to raise environmentally damaging practices
The EDO would like to congratulate the CPSU for this achievement.
27. Community Advocacy: Ku-Ring-Gai Residents Alliance
Ku-Rung-Gai Residents Alliance has produced a YouTube video detailing the community's negative experience with a Joint Regional Planning Panel. The video may be viewed here:
http://www.youtube.com/watch?v=z8xcBfUwVIw
For more information on Ku-Ring-Gai Residents Alliance, please visit: http://www.notsohigh.org.au/
