EDO NSW BULLETIN - 18 August 2009: Number 622
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 - Shooters Party's Game and Feral Animal Control Amendment Bill 2009
2. Diary Note - ANEDO Conference Announcement
3. Local Environmental Plan fact sheets now available online
4. Position Vacant: Principal Solicitor and Coordinator, EDO North Queensland
5. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW
Law and Policy Watch
6. Wayne Sales-Cini v Wyong City Council & Anor
7. Policy Submissions
8. Legislative Reviews
EDO in the Media
9. Sydney Morning Herald: 'Too Many Holes' in New Indigenous Heritage Laws (13 August 2009)
10. Sydney Morning Herald: Shooters' claim goes to ACCC (10 August 2009)
11. Sustainability:Australia's Future : Climate Litigation - the New Green (3 August 2009)
12. Tweed Daily News : Last-ditch effort to prevent rally (17 August 2009)
13. Sydney Morning Herald - Opinion : No Vroom Here Mate (16 August 2009)
14. The Land : Powerline Plan Shocks North (7 August 2009)
15. Coal Mining: Greens MP calls for study into health impacts of coal mining (14 August 2009)
16. Newcastle Herald : $1m tag for study of health in Upper Hunter (12 August 2009)
17. Namoi Valley Independent : Chocks away on the Quia (17 August 2009)
Environmental Law Notices - New South Wales
18. Major Project Proposals - Invitation to Comment
19. State Conservation Notices - Invitation to Comment
20. Department of Lands - Public Exhibition
Environmental Law Notices - Commonwealth
21. EPBC Referrals - Invitation to Comment
Community News
22. Grant Opportunity: Natural Resource Management Incentives for Landholders in the Hunter-Central Rivers Region
23. Factsheets: Climate Negotiations of the UNFCCC, Copenhagen
24. Workshop: Countdown to Copenhagen
EDO News and Events
1. 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 Streets Lismore
For more information visit www.nccnsw.org.au or call the EDO on 66228470
2. Diary Note - ANEDO Conference Announcement
The Australian Network of Environmental Defender's Offices (ANEDO) will be holding a national conference on 28-29 May 2010. The conference will be held at the Sydney Mechanics' School of Arts in Sydney. The conference program is still being prepared. More details will be available shortly via this bulletin and the EDO website.
3. 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 explains 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 free workshop on the Standard Instrument and how you can get involved in the LEP-making process please contact the EDO Education Director on 02 9262 6989.
4. Position Vacant: Principal Solicitor and Coordinator, EDO North Queensland
EDO North Queensland is seeking applications for Principal Solicitor/Coordinator. The successful applicant must have a Bachelors Degree in Law; a practising certificate or eligibility to obtain a practising certificate; and an ability to provide legal advice and casework services to individuals and community organisations in the area of Public Interest Environmental Law.
EDO-NQ is a community legal centre engaged in public interest casework, advice, law reform and community education programs that improve decision-making and environmental outcomes in North Queensland. The Principal Solicitor & Coordinator is responsible for the following, subject to Management Committee direction:
- Coordinating and delivering EDO-NQ's services, including providing advice and casework services, engaging in law reform and legal policy review projects and delivering community legal education;
- Supervising and managing legal and administrative staff to assist in delivering EDO-NQ's services; and
- Reporting to the Management Committee and EDO-NQ's funders in relation to 1 and 2 above.
The position is full time and under the SACS award. Salary range is from SACS level 6.1 + 7% (currently $54,811.55 p.a. - includes 7%) to 7.2 ($59,807.03 per annum - includes 7%). Salaries shown include a 7% overaward payment. The salary level is dependent upon experience and expertise. Further details and a position description are available by contacting adminnq@edo.org.au or calling 07 4031 4766. Applications can be submitted to Suite 1, Level 1 96-98 Lake St, Cairns QLD 4870.
The closing date for applications is Thursday 27 th August 2009
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 call (02) 9262 6989. Boxes of 160 are also available on request for groups or organisations.
Law and Policy Watch
6. Wayne Sales-Cini v Wyong City Council & Anor
The Land and Environment Court has refused an application by the developer (second respondent) for security for costs of approximately $50,000. The application arose out of proceedings for judicial review of a development consent granted by Wyong City Council for a residential subdivision of land at Louisiana Road, Kanwal in the Wadalba Hill area. The applicant, a Traditional Owner of the Darkinjung people, would have been unable to pursue the case if an order was made requiring him to provide security for costs.
The proceedings were brought in the public interest on the basis that the applicant would not derive any personal benefit and to enforce compliance with the National Parks and Wildlife Act 1974 and protect Aboriginal sites.
In exercising its discretion to determine whether to make an order for security for costs, the Court made it clear that the provision of access to justice to the applicant to enable him to pursue a bona fide claim outweighed the perceived injustice caused to the developer in the event that it was left with unrecovered costs.
7. Policy Submissions
- Inquiry into the impacts of mining in the Murray Darling Basin
The Senate Standing Committee on Environment, Communications and the Arts is interested in:
a. the potential impacts of current and projected mining operations on all environmental values in the Murray-Darling Basin and, in particular, the potential impacts upon surficial and groundwater flows and quality in the alluvial flood plains at its headwaters in the Namoi Valley and the Darling Downs catchments; and
b. evaluation of the potential impacts in the context of the Murray-Darling Plan and agricultural productivity.
In these terms of reference, 'mining operations' includes all minerals exploration and all minerals extraction including exploration for and extraction of gas.
The Committee is seeking written submissions from interested individuals and organisations preferably in electronic form submitted online at https://senate.aph.gov.au/submissions/pages/logon.aspx or sent by email to eca.sen@aph.gov.au as an attached Adobe PDF or MS Word format document. The email must include full postal address and contact details.
Submissions should be received by 17 September 2009 . The reporting date is 26 October 2009 .
If you would like the EDO to present a free workshop on mining law in your area, with a focus on landholder rights, please contact EDO Education Director on 02 9262 6989.
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.
If you would like the EDO to present a free workshop on native vegetation law and the role of RFAs in your area, please contact EDO Education Director at Jemilah.hallinan@edo.org.au or 02 9262 6989.
- 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
- Cassowary Policy Open for Comment
People living between Cooktown and Townsville are being asked to have a say on a draft policy about the southern cassowary. Federal Environment Minister Garrett has stated the policy was designed to guide people planning to build or develop in or near cassowary habitat and help them to avoid impacting on areas important to the cassowary's survival. The draft policy has been developed to map out the cassowary habitats in the area and show people how better design could reduce impacts on the species. The policy is also intended to provide more certainty for people in terms of where development in the area could proceed.
For more information, please visit: http://www.environment.gov.au/minister/garrett/2009/mr20090808a.html
To view or comment on the draft policy, please visit: www.environment.gov.au/epbc/publications/casuarius-casuarius-johnsonii.html
8. 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
9. Sydney Morning Herald: 'Too Many Holes' in New Indigenous Heritage Laws (13 August 2009)
NSW is proposing new laws to protect Indigenous cultural heritage. Under these laws, home renovators or developers who unknowingly damage an Aboriginal object or site could face a maximum penalty of $110,000 and six months jail; conscious damage without a permit could attract a fine of $550,000 and two years in prison for individuals and up to $1.1 million for corporations. However, Indigenous and environmental groups say the hundred-fold increase in some penalties is political window-dressing and extensive loopholes will allow more widespread destruction of Aboriginal sites and objects. The Environmental Defender's Office has prepared a submission on the proposed legislation, saying the changes "do not go far enough" and there should be a "complete refurbishment" of Indigenous heritage laws.
For the full text of this article, please visit: http://www.smh.com.au/national/too-many-holes-in-new-indigenous-heritage-laws-20090812-eidz.html
10. Sydney Morning Herald: Shooters' claim goes to ACCC (10 August 2009)
Conservation groups have complained to the Australian Competition and Consumer Commission about the Game Council of NSW, saying it is using false advertising. The Game Council - which is funded by the State Government - began a marketing push in Sydney earlier this year, saying shooters help the environment by eradicating feral animals. EDO NSW submitted a complaint to the ACCC stating the Game Council's claims do not stack up because of the relatively small number of animals killed, and the relatively high cost of killing them.
For the full text of this article, please visit: http://www.smh.com.au/environment/conservation/shooters-claim-goes-to-accc-20090813-ejyd.html
11. Sustainability: Australia's Future : Climate Litigation - the New Green (3 August 2009)
This article details the civil-action lodged by the EDO, on behalf of environmental group Rising Tide, against coal-fired power plant operators Macquarie Generation on July 27 after it announced plans to extend its operations. Kirsty Ruddock, Principal Solicitor of EDO NSW, and Peter Gray of Rising Tide were both interviewed for this article. On climate change litigation, Ruddock says: "The more likely area of expansion is going to be in the area of suits that individuals start bringing about adaption issues. Once people start feeling the impacts of climate change significantly on their properties, start to become more flood-prone or bushfire risks become such that the links to climate change become much more documented, I think that's going to create a whole lot of issues."
For the full text of this article, please visit: http://www.sustainability-australia.com.au/australia/climate-litigation-the-new-green/
12. Tweed Daily News : Last-ditch effort to prevent rally (17 August 2009)
No Rally Group is seeking legal advice on lodging an injunction against Repco Rally Australia this week in the latest bid to stop the international World Rally Championship from going ahead in the biodiverse Northern Rivers region. Group president Michael McNamara yesterday said his anti-rally group is considering all action, including a visit to the Federal Court, to intervene in the September event on matters of national environmental significance. No Rally Group, along with Kyogle environmental group 7 th Generation, is being represented by EDO Northern Rivers.
For the full text of this article, please visit: http://www.tweednews.com.au/story/2009/08/17/last-ditch-effort-to-prevent-rally/
This story was also covered by the Northern Star: http://www.northernstar.com.au/story/2009/08/17/late-bid-to-stop-rally/
Also, please see related opinion piece below.
13. Sydney Morning Herald - Opinion : No Vroom Here Mate (16 August 2009)
Opponents of a World Rally Championship event due to take place in northern NSW next month plan to disrupt the races by driving slowly on connecting roads before and during the event. It is hoped that after some initial frustration, rally drivers who get stuck in the traffic jams will learn to enjoy the experience. EDO Northern Rivers is providing advice to 7 th Generation, one of the groups opposing the rally.
For the full text of this article, please visit: http://www.smh.com.au/opinion/no-vroom-here-mate-20090815-elqa.html?page=-1
14. The Land : Powerline Plan Shocks North (7 August 2009)
Northern tablelands graziers, croppers and wine producers are joining forces with tourism and business operators to fight a proposed 215-kilometre high voltage powerline being run through the middle of their properties to service fast-growing coastal populations. About 160 landowners between Bonshaw and Lismore, through areas north and east of Tenterfield, are likely to be affected. EDO Northern Rivers has lodged a challenge to the Australian Energy Regulator against this proposal, on behalf of the community group Upper Dumaresq Action Group.
For the full text of this article, please visit: http://theland.farmonline.com.au/news/state/agribusiness-and-general/general/powerline-plan-shocks-north/1588093.aspx
15. Coal Mining: Greens MP calls for study into health impacts of coal mining (14 August 2009)
Greens MP and health spokesperson Lee Rhiannon is renewing her call for a parliamentary inquiry into the health impacts of coal mining and power station emissions. Rhiannon claims that funding an independent health study is the least the Rees Government can do for residents living cheek to jowl with mines which emit air, noise and water pollution, and will put forward a motion calling for the study when NSW Parliament resumes in September 2009. MineWatch and the EDO have joined Rhiannon's cause.
For the full text of this article, please visit: http://www.miningcoal.com.au/article/greens-mp-calls-for-study-into-health-impacts-of-coal-mining/494462.aspx
16. Newcastle Herald : $1m tag for study of health in Upper Hunter (12 August 2009)
This article relates to the potential multi-million dollar class action against the State Government from Upper Hunter residents who become ill from the effects of coalmining and power station emissions. The EDO has agreed to assist local residents who have been lobbying for decades for a public health study into the effects of the region's two largest industries. According to University of Newcastle academic Howard Bridgman, a health study into the effects of power station and coalmining pollution in the Upper Hunter would probably cost about $1 million and take up to four years. The EDO is preparing a submission to the Government about the need for a full health study.
For the full text of this article, please visit: http://www.theherald.com.au/news/local/news/general/1m-tag-for-study-of-health-in-upper-hunter/1593194.aspx
17. Namoi Valley Independent : Chocks away on the Quia (17 August 2009)
Gunnedah Shire Council last night gave the go-ahead to a development of an agricultural air operation on the Quia Road. Council unanimously approved the proposal for a modification of an existing airstrip, an increase in aircraft movements and the addition of an agricultural aerial spraying component at the extraordinary meeting. The meeting was called after council had earlier deferred the matter at a special meeting in late July. Council shelved the July meeting at the 11 th hour after receiving a letter from the EDO on behalf of several objectors to the development. The EDO was advising property owners in this matter.
Law Notices - New South Wales
18. 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
Pacific Highway Upgrade - Glenugie
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3232
Water Transfer Project - Murrumbidgee to Googong
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2543
19. 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.
20. 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.
There are no new notices since the last eBulletin
Environmental Law Notices - Commonwealth
21. 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:
Victoria
Melbourne Water- VIC/Upgrade of capacity and supporting infrastructure, Western Treatment Plant
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5036
ACT
Australian Federal Police - Ground floor works, Edmund Barton Building, Canberra
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5038
Western Australia
City of Armadale - Keane Road Strategic Link, proposed construction central portion of Keane Road
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5035
Commonwealth Marine
Woodside Energy Limited - Drill and Profile Exploration Well Somerset 1, License Area T34P
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5037
Community News
22. Grant Opportunity: Natural Resource Management Incentives for Landholders in the Hunter-Central Rivers Region
Hunter-Central Rivers Catchment Management Authority is providing $1.4 million in 2009/10 to assist landholders and land managers in the Hunter Central Rivers region to address natural resource management (NRM) priorities on private and public lands. The key targets for funding through this program are vegetation and biodiversity, soils and salinity, aquatic health and sustainable farming.
This grant opportunity is for landholders and land managers, including groups and individuals, within the Hunter-Central Rivers CMA region. This grant opportunity closes on 21 August 2009.
For the full guidelines of this grant, please visit: http://www.hcr.cma.nsw.gov.au./schemes.php3
For more information, please call (02) 4930 1030 or email hcr@cma.nsw.gov.au
23. Factsheets: Climate Negotiations of the UNFCCC, Copenhagen
CANA has now published seven summary sheets to explain the process of climate negotiations of the UNFCCC. They describe and critique international climate finance, global adaptation, mitigation, LULUCF and REDD, and the legal architecture of an agreement.
The factsheets can be found here: http://www.cana.net.au/index.php?site_var=62
24. Workshop: Countdown to Copenhagen
This December, all eyes will be on Copenhagen, where world leaders will meet to strike a deal that could prevent dangerous climate change. Key deals will be built around issues such as financing, deforestation, emission reduction targets and adaptation.
The Climate Action Network Australia is holding a workshop in Sydney and Melbourne to demystify the complexity of the Copenhagen talks. It will also provide a tour of the events, investigate the dimensions of the REDD and LULUCF policies, outline the minimum requirements for supporting developing countries, and put forward a strong case for strong emission cuts.
Workshop participants will hear from campaigners and policy directors from World Vision Australia, Oxfam Australia, Greenpeace Australia-Pacific, The Wilderness Society, The Climate Institute and Australian Conservation Foundation. The workshop will also hear from grassroots organisers about activities planned in the lead up to Copenhagen, and do some hands-on planning for how groups and individuals can activate for the best possible outcome.
Sydney : Monday, September 14 2009, 2-5pm
Mitchell Theatre, Sydney Mechanics' School of Arts, 280 Pitt St, Sydney
Melbourne : Wednesday, October 21 2009, 2-5pm
Meeting room, Ground floor, 60L, 60 Leicester St, Carlton
Cost: $20/$35/$85
For more details and to register, please visit http://www.cana.net.au/index.php?site_var=61 .
