EDO NSW BULLETIN - 5 August 2009: Number 620

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 NR Event: Public Meeting - TransGrid proposal for new high-voltage transmission lines

EDO Northern Rivers is providing legal and other advice to the Upper Dumaresq Action Group on the TransGrid proposal to build new high-voltage transmission lines between Bonshaw, Tenterfield and Lismore.

The EDO is holding a public meeting to:

give a different perspective on the justification for the project
inform affected residents about their rights
address community concerns

Date: Friday 7 August
Time: 5.45pm for a 6pm start - 7.30pm
Venue: School Hall, Tenterfield High School, High St, Tenterfield

For more information, please call Mark Byrne at the EDO Northern Rivers on 1300 369 791.

2. EDO NR Event: Public Meeting - Shooters Party's Game and Feral Animal Control Amendment Bill 2009

A public meeting will be held to discuss the Shooters Party's Game and Feral

Animal Control Amendment Bill 2009, which would allow hunting of feral and some native species in national parks and the establishment of private game reserves. This event is presented by the Environmental Defender's Office Northern Rivers , Nature Conservation Council and North Coast Environmental Council.

Speakers include Carol Booth (Invasive Species Council); Sue Higginson ( EDO Northern Rivers ); Richard Jones (Former Democrats MLC); Catherine Cusack (Shadow Environment Minister); Ian Cohen (MLC, NSW Greens); Amber Hall.

Date : Wednesday 26 August
Time : 5.45 for 6-8 pm
Venue : Red Dove Hall upstairs, cnr Keen & Woodlark Sts Lismore

For more information visit www.nccnsw.org.au or call the EDO on 6622 8470.

3. Dispute Notice to Australian Energy Regulator re: proposed Dumaresq-Lismore transmission line

EDO Northern Rivers has submitted a dispute notice to the Australian Energy Regulator regarding TransGrid's proposal to construct a new 330kV transmission line between Bonshaw and Tenterfield and to upgrade the existing 132kV line between Tenterfield and Lismore ("TransGrid's proposal").

It is argued that there are serious public interest issues involved in this proposal that have not been addressed by TransGrid and that affected landholders and consumers have not had the opportunity to address this proposal. EDO Northern Rivers is acting on behalf of Upper Dumaresq Action Group, a group of concerned landholders from the Dumaresq Valley .

4. Local Environmental Plan fact sheets now available online

The EDO has produced two new fact sheets on Local Environmental Plans (LEPs). The first fact sheet explains the new process for making LEPs that came into effect on 1 July this year. The second fact sheet examines the Standard Instrument that all councils will be updating their LEP to in the coming years. This fact sheet looks at the content of the Standard Instrument and what you should look for when you are commenting on the new LEP for your area.

These fact sheets are available free on our website at:

http://www.edo.org.au/edonsw/site/factsh/fs02_1_1.php

If you would like the EDO to come to your area to present a workshop on the Standard Instrument and how you can get involved in the LEP-making process please contact Education Director 02 9262 6989.

5. 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.

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 contact us. Boxes of 160 are also available on request for groups or organisations.

Law and Policy Watch

7. National State of the Environment Report - Survey and Register

The fourth national State of the Environment report is due for release at the end of 2011. In the lead-up to the publication of this comprehensive five-yearly report the Federal Department of Environment is planning to introduce a number of new State of the Environment materials and online products.

To receive information about these products as and when they become available, please register your details here.

You are also invited to submit comments or suggestions for the development of the 2011 State of the Environment report. You can do this by completing the online survey at www.environment.gov.au/soe.

8. New State Environmental Planning Policy - Affordable Housing

Under a new scheme launched by the NSW Government developers will be given the chance to build extra homes if they commit to rent between 20 and 50 per cent of their properties at 20 percent below the market rate.

In some cases developers will be allowed to build more homes on individual sites than previously.

The scheme is part of the Government's strategy to lower house prices by creating more homes, particularly along existing transport routes.

The Local Government and Shires Association of NSW has criticised the policy for undermining planning controls but the idea has been supported by the Property Council of Australia because it is expected to make it more attractive for the private sector to build affordable housing.

9. Climate Camp protestors lose court appeal

Six people have appealed charges stemming from last year's Climate Camp. The charges resulted from the protestors entering onto rail lines to stop coal trains from reaching the coal port at Newcastle.

The protestors argued that they acted out of necessity to prevent a greater harm - the export and burning of coal and subsequent harmful greenhouse gas emissions.

The Newcastle Local Court did not allow the appeal, stating that the case was not about climate change. It is believed the protestors will appeal the decision to the District Court.

Protestors in England have also failed to convince the Courts that their actions were justified by the imminent threat of climate change. In a similar case to the Newcastle Climate Camp action last year, 22 protestors entered onto a railway to obstruct a train carrying coal to Drax in North Yorkshire.

The protestors argued that their behaviour was necessary and proportionate to prevent the greater crime of carbon pollution. The Judge maintained that climate change was irrelevant to the trial.

This case follows a previous UK case in which activists known as the 'Kingsnorth Six' who defaced a power station chimney were acquitted by a jury which found that the threat of climate change justified the crime in that case.

Please see the links below for media coverage of both the Drax and Kingsnorth Six actions.

Drax protest:

http://www.guardian.co.uk/environment/2009/jul/01/drax-climate-change-protest-court

Kingsnorth six:

http://www.independent.co.uk/environment/climate-change/cleared-jury-decides-that-threat-of-global-warming-justifies-breaking-the-law-925561.html

10. Coal mine guilty of breaching its environment protection licence

The Land and Environment Court last week fined Werris Creek Coal and Mr Graham Holley, a director, for breaching the conditions of its environment protection licence. Werris Creek Coal owned an open cut coal mine near Tamworth. Responsibility for the mine and the pit dewatering dam was held by a contractor.

In July 2007 Mr Holley instructed the contractor to modify the wall of the pit dewatering dam and siphon water out of the dam using poly pipe. Contrary to instructions, the contractor used a small excavator to make an opening in the dam wall. Water flowed over the site boundary and onto neighbouring land. The concentration of total suspended solids in the water leaving the dam exceeded the level set by the environment protection licence.

No adverse impact on humans, neighbouring stock or landholdings was found to have occurred. The mine is now owned and operated by Whitehaven Coal Mining Ltd.

Under the Protection of the Environment Operations Act 1997 the Court noted that the appropriate penalty payable by Werris Creek Coal was $70,000 but reduced it to $49,000 due to mitigating factors. It was also ordered to pay prosecutor's costs of $34,765 and publicise the offence in the Sydney Morning Herald and Australian Financial Review. Mr Holley was ordered to pay prosecutor's costs of $52,148.

The penalty sends a powerful message to holders of environmental protection licences that it is their duty to ensure that all the conditions of such licences must be complied with and that such duty cannot be delegated.

The case Environment Protection Authority v Werris Creek Coal Pty Ltd; Environment Protection Authority v Holley [2009] NSWLEC 124 can be accessed here:

http://www.lawlink.nsw.gov.au/lecjudgments/2009nswlec.nsf/61f584670edbfba2ca2570d40081f438/3a9cf2c505690770ca2576030014dae6?OpenDocument

11. Policy Submissions

Indigenous Heritage Law

A discussion paper on Australian laws to protect Indigenous heritage has been released for public comment. This is an opportunity for the public to contribute ideas on making the Commonwealth's Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (ATSIHP Act) more effective as a way to protect traditional areas and objects significant to Indigenous Australians. The Australian Government is proposing to reform this Act to improve Indigenous heritage protection laws nationally. The Act could be substantially amended or replaced. Submissions must be received by 6 November 2009. The Discussion Paper can be viewed here:

http://www.environment.gov.au/heritage/laws/indigenous/lawreform/index.html

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

12. 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.

EDO in the Media

13. Lateline: Greenhouse Gas Laws Disputed in Court (27 July 2009)

This story covers a case launched by the EDO aimed at curbing greenhouse gas pollution from a coal-fired power station. The EDO is representing Pete Gray and Naomi Hodgson from the climate action group 'Rising Tide' in their civil suit against Macquarie Generation which operates the Bayswater power station near Newcastle. The case is based on allegations that the power station is breaching pollution laws.

EDO Principal Solicitor Kirsty Ruddock is interviewed in the story. To view this episode of Lateline or to access the transcript click here:

http://www.abc.net.au/lateline/content/2008/s2638090.htm

This case is also covered in other media sources, including:

Singleton Argus: Legal Action Launched (31 July 2009)

http://www.singletonargus.com.au/news/local/news/general/legal-action-launched/1583660.aspx

The Herald: Court Hearing on Carbon Emissions (28 July 2009)

http://www.theherald.com.au/news/local/news/general/court-hearing-on-carbon-emissions/1579379.aspx

14. Namoi Valley Independent : Landholders Question Airstrip DA Processes (29 July 2009)

Property owners objecting to a proposed aerial agricultural operation on the Quia Road have again voiced concerns over whether councillors have been provided with all the information necessary to enable them to make an 'informed decision'. A spokesman for the landholders would like to be certain councillors have all the necessary information. He said that since the project's proponents first lodged a Development Application (DA) late last year a number of key issues had either been altered or possibly omitted.

The EDO is advising the property owners.

15. Rural Weekly: Private Game Reserves (August 2009)

This article was written by Mark Byrne, EDO Northern Rivers Education Officer. It talks about the Bill recently introduced into the NSW Parliament by Shooters Party MLC Robert Brown. This Bill would allow the hunting of feral animals in national parks, and would also allow some native animals, currently protected by the National Parks and Wildlife Act 1974, to be hunted. This includes kangaroos, 12 species of birds and 11 species of ducks. This article argues that there is doubt as to the effectiveness of recreational hunting in reducing pest animal numbers on public land; and the implications of the Bill for farmers.

For the full text of this article, please contact Mark Byrne.

16. Byron Shire Echo : Why should electricity providers have power to burn? ( 3 August 2009)

This article, by EDO NR Education Officer Mark Byrne discusses the problem of energy supply to the northern rivers in relation to TransGrid's planned Bonshaw-Tenterfield-Lismore transmission lines, includng TransGrid's demand forecasts and the opportunities for more existing and planned local generation to provide any additional power needed over the next decade.

For the full text of this article please click here:

http://www.echo.net.au/news/articles/why_should_electricity_providers_have_power_to_burn?_200908032287.html

On 5 August Mark Byrne was also interviewed on ABC Radio Tamworth about the EDO meeting in Tenterfield this Friday evening which will discuss TransGrid's planned Bonshaw-Tenterfield-Lismore transmission lines.

Law Notices - New South Wales

17. 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

The Rocks Centre - Installation of signage and awning

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3303

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

Reckitt Benckiser Warehouse Project - Erskine Park

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3213

Mount Street, North Sydney - Residential, Commercial and Retail

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2956

Redfern RSL - Mixed Use Development

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3025

Wongawilli Colliery - Surface Facilities Project

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2944

Bilambil Village - Residential Subdivision

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2273

Millingandi - Rural Residential Subdivision

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=1126

Sanctuary Villages, Cessnock - Draft Voluntary Planning Agreement

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3401

Clarence Coal Mine - Exhibition

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=1323

18. 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.

19. 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.

Review of the Powers of Attorney Act 2003 - Issues Paper

Environmental Law Notices - Commonwealth

20. 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

Orange City Council-Construction and operation of baled waste landfill and composting facility, Euchareena Rd

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5020

Victoria

East Gippsland Shire Council- Poplar Tree Removal Program - Grey Headed Flying Fox Zone

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5017

Commonwealth

Parks Australia-Helicopter baiting of exotic yellow crazy ant supercolonies, Christmas Island, Indian Ocean

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5016

Western Australia

Department of Agriculture and Food (WA - Eradication of the European House Borer, Perth metropolitan area

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5027

Fugro Multi Client Services Pty Ltd - Zeemeermin MC3D seismic survey, Browse Basin, Offshore WA

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5023

South Australia

AGL Energy Limited - Wind Farm and Transmission Line, Mt Bryan, SA

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5025

Australia Post - Construction of attached dwellings on land adjoining North Adelaide Post Office and Institute

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5022

Community News

21. Conference: Ecological Consultants Association of NSW Inc., "Ecology at the Rural/Urban Interface"

The Ecological Consultants Association of NSW Inc. (ECA), the leading industry group for ecological consultants in NSW, is holding its annual conference at the Harbourside, Queens Wharf in Newcastle, NSW on 4 September 2009. The theme of the conference is "Ecology at the Rural/Urban Interface" and discusses some of ecological issues that ecological consultants, planners, councils, land managers, community groups, and state and commonwealth government departments deal with as urban development continues to expand into rural and natural environmental areas.

Date: Friday, 4 September 2009
Time: 9.00am to 5.00pm
Venue: Harbourview on Queens Wharf, Newcastle
Cost : $130 (ECA Member) $200 (non-member)
RSVP : Amy, ECA Administration Assistant at admin@ecansw.org.au or Phone 9651 2557 & 0418 451 488

For more information, please visit: www.ecansw.org.au

22. 2 Degrees: Art, Activism & Climate Emergency

This discussion brings together activist organizations, politically engaged artists, community organisations and NGOs, working in the areas of climate or related urban development issues. Some of these organisations take their work onto the streets, some use galleries and other sanctioned public forums. The forum will include Wardah Hafidz, founder of the Urban Poor Consortium established by Jakarta-based artists over a decade ago and artist Dadang Christanto.

Date: Wednesday 12 August
Time: 4.30-6PM
Venue: Gallery 4A, 181-187 Hay Street, Sydney (between Pitt and George Streets)

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

EDO NSW BULLETIN - 5 August 2009: Number 620

EDO News and Events

Law and Policy Watch

EDO in the Media

Environmental Law Notices - New South Wales

Environmental Law Notices - Commonwealth

Community News