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EDO NSW BULLETIN – 27 August 2009: Number 623The 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. Free EDO Workshop: Mining Part 3a & Advocacy – Gloucester Law and Policy Watch 10. Director-General of the DECC v John Rae EDO in the Media 16. Sydney Morning Herald: Garrett concedes extinction is inevitable (18 August 2009) Environmental Law Notices – New South Wales 21. Major Project Proposals – Invitation to Comment Environmental Law Notices – Commonwealth 24. EPBC Referrals – Invitation to Comment Community News 25. Factsheets: Climate Negotiations of the UNFCCC, Copenhagen EDO News and Events1. Free EDO Workshop: Mining Part 3a & Advocacy - Gloucester Date: 20 September 2009 Time: 1:00pm to 5:00pm Venue: Soldiers Club, 32 Denison Street, Gloucester For more information or to RSVP, email education@edo.org.au or call (02) 9262 6989 Lunch and light refreshments will be provided 2. Free EDO Workshop: The Standard LEP - Newcastle The EDO will be hosting a free community workshop in Newcastle to discuss how the community can get involved in Newcastle 's new LEP. The workshop will focus on the new process for making LEPs and the content of the Standard Instrument and what to look out for. Date: Saturday 12 September 2009 Time: 9:00-1:00 (including lunch) Venue: The Skylights Room, Newcastle Panthers, 309 King Street Newcastle West RSVP: by 5 September to education@edo.org.au or 02 9262 6989 Lunch will be provided. 3. Case Update - 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 wilfully or 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 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 of NSW. Bayswater Power Station, located in the Upper Hunter Valley , has the highest carbon dioxide emissions of all power stations in NSW. Mr Gray and Ms Hodgson will be represented in Court by Ian Lloyd QC and Craig Lenehan of Counsel. Andy Pitman, a lead author of the IPCC Fourth Assessment Report, will be providing expert witness evidence. At the first directions on 21 August 2009 before the Land and Environment Court, orders were made for the points of claim to be filed by 4 September 2009. The matter was listed for further directions on 11 September 2009. 4. Case Update - Sean Burke v Director of Public Prosecutions The EDO is acting for Tilba environmental activist, Sean Burke, in his criminal appeal against convictions for obstruction and intimidation. Mr Burke participated in a peaceful protest blockade in the Bodalla State Forest and was charged with and convicted of obstructing the path of loggers and intimidation under section 545B(1)(i) of the Crimes Act 1900 . Mr Burke's intimidation conviction has serious implications for environmental protestors across NSW. The conviction invokes an obscure section of the criminal law which was traditionally used against trade unionists picketing workplaces. It appears that this is the first time the section has been used against an environmental protester. The section extends the common understanding of "intimidation" to causing a reasonable apprehension of injury to another person's occupation or source of income. In this case, the facts indicate that the protest blockade was not “intimidating” in any sense. Mr Burke's appeal is set down for hearing in the District Court in Sydney on 28 September this year. Specialist criminal law barrister, Ken Averre, will be acting for Mr Burke in the appeal. 5. 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. 6. 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 at education@edo.org.au or 02 9262 6989. 7. 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 email education@edo.org.au or call (02) 9262 6989. Boxes of 160 are also available on request for groups or organisations. 8. AAEE Environmental Education Conference - Coffs Harbour The Conference theme for this year is: Step Up: taking account, taking responsibility, and taking action with a concentration on Knowledge, Skills, Attitude and Action. The Conference Streams include Learning Programs, Working Together and Transition to Action within the context of Climate Change. Jemilah Hallinan, EDO Education Director will be presenting at the conference. Date: 1st, 2 nd October 2009 Venue: Coffs Harbour Education Campus (CHEC) Registrations: www.aaeensw.org.au/nsw_ee_conferences.htm 9. Invitation for Private Conservation landholders The Environmental Defender's Office (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. Please contact Project Officer Rosemary Bullmore on (02) 9262 6989 or education@edo.org.au
Law and Policy Watch 10. Director-General of the DECC v John Rae John Rae was sentenced in the Land and Environment Court this week for breaching the Native Vegetation Act 2003 by clearing native vegetation on his farm near Coonamble in August and September 2007. He was found to have bulldozed mature native trees over approximately 215 hectares. Of this, 155 hectares were cleared to an extent of over 95%, that is, only 5% of the trees remained after the clearing, converting the vegetation structure from open woodland to open grassland and leading to a significant reduction in fauna species. Mr Rae deliberately decided to clear the vegetation to improve agricultural productivity and increase profits knowing that he should have applied for consent from the Department of Environment and Climate Change (DECC) beforehand. The Court repeatedly underlined the seriousness of the case. The scale of the clearing was likened to broad scale land clearing. It also said the clearing increased fragmentation, reduced vegetative connectivity and removed native vegetation important for maintenance of biodiversity and habitat of threatened species. The clearing also impacted on the viability of plant and animal species, including 11 species of threatened fauna and 1 species of threatened flora. The Court fined Mr Rae $160,000, ordered him to pay the Department's costs, undertake remediation work; and monitor, record and report to the Department. 11. Gunns20 trial date set for February 2010 Gunns' case against the remaining defendants will go to trial in February 2010, more than five years after the first writs were originally served in December 2004. The case is now before Justice Forrest who has estimated that the trial will run for up to five weeks. The next directions hearing in mid-August will determine whether the trial is judge-only or before a jury. The case has already cost an estimated $3 million and is likely to cost much more by the time it ends. It is already considered the longest running and most expensive case of its kind in Australia 's legal history. 12. Over 1,300 Scientists call for urgent ecological action Over 1300 scientists from 60 countries met this week in Brisbane at the 10 th International Congress of Ecology (INTECOL) providing hard scientific evidence of the impacts of climate change on the world's ecosystems. “Business as usual will cause global loss of biodiversity and nature's services, human starvation, fire, flooding and landslides; and ultimately the impoverishment of humankind,” says INTECOL co-chair, Dr Craig James from CSIRO. “The evidence emerging from the INTECOL Congress demonstrates that strong action at Copenhagen will be needed to avoid the disastrous ecological, social and economic consequences of business-as-usual.” But despite the grim overall message of the Congress, many ecologists believe action now by applying new knowledge including Indigenous knowledge and greater connections between scientists, policy makers, managers and the community can reduce the impacts of climate change.
The Minister for Climate Change and the Environment is seeking written submissions on the Native Vegetation Act 2003 to determine whether the policy objectives of the Act remain valid and whether the Act is meeting those objectives. Submissions must be received by no later than 23 September 2009. For more information, please visit: http://www.environment.nsw.gov.au/resources/nativeveg/09589NVActReview.pdf
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 at education@edo.org.au or 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
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.
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. Submissions must be received by no later than Friday 28 August 2009. 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 14 . New coal fired power stations in Queensland According to the Queensland Government, no new coal-fired power stations will be built in Queensland unless they use world's best emissions technology and are ready to store and capture carbon. Premier Anna Bligh made the announcement ahead of releasing the Government's new climate change strategy, ClimateQ: Towards a Greener Queensland. 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: * Natural Resources Commission Act 2003, * Catchment Management Authorities Act 2003, and * Threatened Species Conservation Act 1995.
EDO in the Media 16. Sydney Morning Herald: Garrett concedes extinction is inevitable (18 August 2009) Peter Garrett told an international conference of ecologists in Brisbane that the Government will shift its focus to protecting ''ecosystems'', rather than putting money into individual projects for endangered animals. Mr Garrett's speech follows a report by the Department of Climate Change that found global warming would severely threaten many native species. For the full text of this article, please visit: The EDO recently prepared a Discussion Paper on this issue entitled ‘Climate change and the legal framework for biodiversity protection in Australia: a legal and scientific analysis'. This paper analyses the current legal regime at a Federal level in Australia and its adequacy to protect biodiversity under climate change. To download the paper, please visit: http://www.edo.org.au/edonsw/site/publications.php 17. ABC North Coast radio: Hunting Bill (25 August 2009) An interview with EDO Northern Rivers Education Officer Mark Byrne about the public meeting the EDO organised on behalf of the NCC and NCEC in Lismore on Wednesday 26 August to discuss the Game and Feral Animal Control Amendment Bill 2009. This story was also covered by the Byron Shire Echo: Hunters on the rampage (25 August 2009) http://www.echo.net.au/archives/24_12-16.html 18. Rural Weekly: Cane fires are still burning (24 August 2009) EDO Northern Rivers Education Officer Mark Byrne explains why sugarcane is still being burnt in fields in the Northern Rivers after two cogeneration plants designed to produce electricity from cane waste have started operating. 19. The Northern Rivers Echo : Possible legal action to stop rally (20 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 7th Generation, is being represented by EDO Northern Rivers. For the full text of this article, please visit: http://www.echonews.com/index.php?page=News%20Article&article=27482&issue=422 20. The Northern Rivers Echo: Power plays over future energy supply (20 August 2009) The EDO organised a public meeting in Tenterfield on 7 August to discuss TransGrid's plan to spend $227 million on new and upgraded transmission lines between Bonshaw, Tenterfield and Lismore. EDO Northern Rivers Education Officer Mark Byrne reports on the meeting. The EDO is advising the Upper Dumaresq Action Group, which is opposed to the proposal. http://www.echonews.com/index.php?page=News%20Article&article=27494&issue=422
Law Notices – New South Wales 21. 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 There are no new notices since the last eBulletin. 22. 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. 23. 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 24. 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: NSW Commercial Development, Bargo, Clearing of vegetation for several facilities http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5058 Upgrade of electricity supply line from Cooma to Bega http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5053 Extention of Mt Piper Power Station http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5049 ACT Construction of 4 lane dual carriageway road from Monaro Hwy to Federal Hwy, Majura http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5057 Urban development of parts of Coombs http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5050 Urban development in Wright and development of an arterial road in Molonglo Valley http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5041 Queensland Redevelopment of Tripcony and Hibiscus Caravan park http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5056 Residential development Wongaling Beach http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5051 Victoria Development of a 6 MW windfarm and supporting infrastructure at Greendale http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5054 Widening and pavement rehabilitation of Mt William Road http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5055 Western Australia Exploration (mineral, oil and gas - marine)/ Browse Basin http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5048 Residential development, Binningup Beach http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5046
Community News 25. 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 26. 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 Cost: $20/$35/$85 For more details and to register, please visit http://www.cana.net.au/index.php?site_var=61 . 27. Position Vacant: National Registration Delegate, National Native Title Tribunal National Registration Delegates are delegated the Native Title Registrars' powers to make registration decisions in relation to native title applications and applications for registration of indigenous land use agreements (ILUAs).
28. Climate Change Campaigner: Australian Conservation Foundation Are you a skilled campaigner with proven advocacy and project management skills? Can you build collaborative relationships with allies, partners, politicians and other key stakeholders in climate policy areas?
29. Climate Change Campaign Organiser Do you have demonstrated experience supporting public engagement and community organisation campaigns and familiarity with successful online and offline networking tools?
30. AYAD Placement: Legal Advisor - Ministry of Environment, Lands & Agricultural Development, Kiribati The EDO invites applications from young Australians (aged 18-30) interested in a Legal Advisor role with the Environment and Conservation Division (ECD) of the Ministry of Environment, Lands and Agricultural Development, Tarawa , Kiribati , to be nominated as an Australian Youth Ambassador for Development.
The essential minimum qualifications and experience required of the nominated candidate include:
If approved, the position will be for twelve months, to commence in February/March 2010. Applicants should be aware that the EDO is only responsible for the selection of a candidate to nominate. The nominated candidate will then need to submit a full application to the AYAD Program, as outlined on the AYAD website http://www.ayad.com.au/aspx/how_do_i_apply.aspx All AYAD placements proposed by the EDO are subject to final approval by AYAD, which will not be confirmed until after a suitable candidate has been nominated. Your application to the EDO should include an AYAD application cover sheet, your CV in the AYAD format, your statement against the selection criteria and contact details for three referees. The full position description is provided here: http://www.edo.org.au/edonsw/site/pdf/misc/ayad_legal_advisor_kiribati090820.pdf Applications to be considered for nomination by the EDO are to be emailed to EDO International and must be received by 2 September 2009. For more information and any inquiries, please contact Gillian Duggin (02) 9262 6989.
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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