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EDO NSW BULLETIN – 3 September 2009: Number 624The EDO Bulletin is a free weekly bulletin that provides a listing of news, events, public notices and opportunities for public comment. EDO News and Events1. Case Update - Gwandalan Summerland Point Action Group Inc v Minister for Planning & 2 Ors Law and Policy Watch 11. Statement from Kristina Keneally – Catherine Hill Bay Decision (31 August 2009) EDO in the Media 18. Sydney Morning Herald coverage of the decision of Gwandalan Summerland Point Action Group Inc v Minister for Planning & 2 Ors (1 September 2009) Environmental Law Notices – New South Wales 23. Major Project Proposals – Invitation to Comment Environmental Law Notices – Commonwealth 26. EPBC Referrals – Invitation to Comment Community News 27. Factsheets: Climate Negotiations of the UNFCCC, Copenhagen EDO News and Events 1. Case Update - Gwandalan Summerland Point Action Group Inc v Minister for Planning & 2 Ors [2009] NSWLEC 140 In a lengthy and detailed decision this week the Land and Environment Court declared that Part 3A approvals for the development of land at Catherine Hill Bay and Gwandalan made by the former Minister for Planning, Mr Frank Sartor, were void. The approvals were for residential developments comprising over 600 new dwellings on sensitive coastal land. The applicant, Gwandalan Summerland Point Action Group, was represented by the Environmental Defender's Office. A new State Environmental Planning Policy (SEPP) was gazetted in September 2008 permitting the rezoning of land owned by a developer on the Wallarah Peninsula near Lake Macquarie. The area had previously been designated a wildlife corridor between the Central Coast and the Lower Hunter and was classified as an ‘environmentally sensitive area of State significance'. The rezoning increased the development potential for both Catherine Hill Bay and Gwandalan. A Memorandum of Understanding and a Deed regarding Lower Hunter Land Offsets were signed between the Minister and the developers. This gave effect to a transfer of ownership of privately owned land to the Minister in exchange for development rights. The Court described the Minister as having ‘a favourable disposition' towards the development proposals. In looking at the issue of apprehended bias by an administrative decision-maker Justice Lloyd confirmed that, at the time the approvals were granted, a fair minded lay observer, having knowledge of the material objective facts might reasonably apprehend that the Minister might not have brought an impartial and unprejudiced mind to the determination of the applications. Justice Lloyd described Mr Sartor as being ‘enamoured with the whole proposal of a land-bribe in exchange for rezoning and associated development'. For the full transcript of the judgment, please visit: 2. 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 call (02) 9262 6989 Lunch and light refreshments will be provided 3. 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 on 02 9262 6989 Lunch will be provided. 4. Case Update - Newcastle & Hunter Valley Speleological Society v Upper Hunter Shire Council and Stoneco Pty Limited The EDO is acting for the Newcastle & Hunter Valley Speleological Society Inc. (NHVSS) which has commenced proceedings in the Land and Environment Court challenging a decision of Upper Hunter Shire Council to allow a limestone quarry in Murrurundi, NSW. The limestone quarry is to have a 30 year life and will result in the removal of 2.4 million tonnes of high grade limestone from the hillside using drill and blast methods. The development and operation of the quarry will involve clearing of significant stands of trees on the site. NHVSS will argue that the quarry should not be approved because there is inadequate evidence concerning the likelihood of caves on the project site, and that any caves on the site will be significantly impacted by the quarry. NHVSS will also argue the quarry does not encourage the principles of Ecologically Sustainable Development (in particular the precautionary principle), and will have an adverse effect on biodiversity including White Box Yellow Box Blakely's Red Gum Woodland (an endangered ecological community). Additionally, the Environmental Impact Statement and development consent do not ensure that greenhouse gas emissions will be minimised to the greatest extent possible as required by the Mining SEPP. The case will be heard by the Land and Environment Court on 30 November 2009. 5. FREE EDO Workshop: You, Me & the RET – Bellingen Mark Byrne, Education Officer at NSW Environmental Defender's Office in the Northern Rivers will be co-hosting a free community workshop to discuss how the new 20% renewable energy target affects consumers, the industry & emissions. Date: 14 September 2009 Time: 5:45pm (for 6:00pm start) to 7:00pm Venue: Uniting Church Hall, cnr Hyde and Park Streets For more information or to RSVP, please call Martin Hogan on (02) 66551159 or Mark Byrne on (02) 66228470. 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 on 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 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: 1 st, 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. 10. 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. Law and Policy Watch 11. Statement from Kristina Keneally – Catherine Hill Bay Decision (31 August 2009) In her statement, the Minister for Planning outlines that the NSW Government will not appeal the Court's decision in the Catherine Hill Bay case (for more information see 1. above), and there will be no retrospective legislation introduced in relation to the proposal. The Minister also confirmed that the status of the Catherine Hill Bay and Gwandalan applications are now “undetermined” and if the proponent chooses to proceed, the project proposals may be reassessed by “the independent Planning Assessment Commission”. For more information, please visit: http://www.planning.nsw.gov.au/mediarelplan/fs20090831_895.html 12. Shooting in National Parks still on the agenda The Shooter's Party rejected an offer from Nathan Rees to allow the hunting of feral animals in national parks on a trial basis in exchange for Shooter's Party support of the Government's legislation in the upper house. The Shooters claim they will not accept any offer unless the Government supports both the creation of a game park in NSW and plans to hunt feral animals in national parks. For more information, please visit: 13. ACCC complaint rejected but contempt of Parliament complaint underway The Australian Competition and Consumer Commission (ACCC) has rejected a complaint from the Australian Conservation Foundation (ACF) and the Australian Climate Justice Program (ACJP) that six companies (Boral, BlueScope Steel, Caltex, Rio Tinto, Woodside and Xstrata) have engaged in misleading or deceptive conduct when making public statements on climate change and the impact of the CPRS to the media and their shareholders. The ACCC said the statements to the media were 'political' and not made in the course of trade and commerce. However, Greens Senator Christine Milne plans to take the complaint to the Senate Privileges Committee for contempt of Parliament. 14. Minister refuses Part 3A Somersby Fields sand mine project application Planning Minister Kristina Keneally cited “extraordinary public concern” as the major reason behind her refusal of a proposal to extract 7 million tonnes of sand over 18 years at Somersby Fields. The Government also considered that the Somersby Public School was located only 180 metres away as well as other potential impacts on air quality, noise, water and threatened species such as the Somersby Mintbush. Since Part 3A was introduced in 2005 only a handful of projects assessed under the part have been rejected by the Government. For more information, please visit http://www.planning.nsw.gov.au/mediarelplan/fs20090810_887.html 15. 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 QLD Government's new climate change strategy, ClimateQ: Towards a Greener Queensland.
The Minister for Climate Change and the Environment is seeking written submissions on the NSW 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 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 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 02 9262 6989.
The Productivity Commission has been requested to undertake a study into alternative market mechanisms for recovering water in the Murray-Darling Basin. In conducting the study, the Commission aims to consult widely, including with community groups. This is an opportunity for the community to contribute ideas on how to effectively purchase water in the Murray-Darling Basin and discover how to overcome traditional impediments. Submissions must be received by no later than Friday 18 September 2009 . For more information, please visit: www.pc.gov.au/projects/study/water-recovery To make a submission, please visit: http://www.pc.gov.au/projects/study/water-recovery/make-submission 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 18. Sydney Morning Herald coverage of the decision of Gwandalan Summerland Point Action Group Inc v Minister for Planning & 2 Ors (1 September 2009) An approval under Part 3A for the State's biggest housing development of more than 700 houses at Catherine Hill Bay was voided by the Land and Environment Court (LEC). The LEC found that the former Minister for Planning had illegally taken into account irrelevant considerations when assessing the proposal. Before approving the developments, the former Minister had signed a Memorandum of Understanding (MoU) with the developer in which he agreed to facilitate the developer's plans for the land in return for which the developer agreed to hand over land to the Government for conservation purposes. The Land and Environment Court found that the pre-existing MoU gave rise to a reasonable apprehension that the Minister was biased in approving the developments. For more information, please visit: http://www.smh.com.au/national/alp-donor-projects-scuttled-20090831-f5cg.html For related coverage please visit: http://www.smh.com.au/national/smitten-sartor-went-too-far-judge-rules-20090831-f5cz.html For related opinion pieces, please visit: http://www.edo.org.au/edonsw/site/pdf/media/20090903160040464.pdf http://www.edo.org.au/edonsw/site/pdf/media/20090903160030375.pdf http://www.edo.org.au/edonsw/site/pdf/media/20090903160009944.pdf 19. Sydney Morning Herald : Door open for talks on Housing Development (2 September 2009) EDO NSW Principal Solicitor Kirsty Ruddock calls on the NSW Government to convene talks between the developer of the Catherine Hill Bay proposal and the community. Ms Ruddock said: ''The whole thing needs to be reworked. We need a much more upfront community consultation mechanism so the community is not simply presented with a done deal.'' For the full text of this article, please visit: http://www.smh.com.au/national/door-open-for-talks-on-housing-project-20090901-f708.html 20. ABC News: Residents Block Catherine Hill Bay development (31 August 2009) For the footage of this video, please visit: http://www.abc.net.au/news/video/2009/08/31/2672357.htm 21. The Australian: Mining win for farmers in Caroona (1 September 2009) BHP has accepted binding restrictions on any future coal-mining activities on the fertile Liverpool Plains in northern NSW in a bid to assuage community concerns but has failed to convince a group of farmers to abandon their year-long protest. Please visit: http://www.theaustralian.news.com.au/story/0,25197,26015272-5013404,00.html For related coverage please visit: http://www.edo.org.au/edonsw/site/pdf/media/20090903160047203.pdf 22. Namoi Valley Weekly : ‘Ticking all boxes' is not enough (27 August 2009) EDO Solicitor Melissa Jolley responded to an opinion in the Namoi Valley Weekly entitled “Council's path clearly marked”. She correctly explained the legalities of Council's discretionary powers in determining development applications. Councils should not merely take a “if it ticks the boxes” approach” to applications and should have regard to principles of ecologically sustainable development, the likely impact of the development, public interest and submissions from the public. If Councils fail to take proper, genuine and realistic consideration to these matters, this may result in legal error. http://www.edo.org.au/edonsw/site/pdf/media/20090903160019165.pdf Law Notices – New South Wales 23. 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 Mixed use development 63-77 West Parade, West Ryde http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2958 Rise Estate residential development, Bilambil Heights http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2743 http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=1281 Carlton United Breweries Site – Major infrastructure, Chippendale http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2655 Tarcutta Bypass, Hume Highway http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2823 Private hospital, Rippon Grange, Wahroonga http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2170 Upgrade of Cessnock Correctional Centre, Cessnock http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=1035 Residential subdivision, Manyana Drive http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=1136 Industrial and warehouse estate, McPherson Street, Banksmeadow & Botany Road, Botany http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=19 Residential subdivision, Bilambil Heights http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=371 Rural Residential Subdivision, Millingandi Road, Milliangandi http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=1126 Residential Subdivision, Lakes Drive, North Boambee http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=1067 Residential subdivision, Wentworth Ave, Sunshine Bay http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=1110 Switching Station and Star City Casino Site http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3459 Installation of advertising signage, Western Motorway Leonay http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3396 Continuation of advertising structure on footbridge, Hume Highway South Strathfield http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3409 http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3407 Relocation of gaming area, Mandarin Club, Darling Harbour http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3254 24. 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. 25. 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 26. 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 Industrial subdivision and development to service existing RAAF Base, Williamtown http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5063 Hume Highway upgrade - Woomargama http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5061 Hume Highway upgrade – Tarcutta Bypass http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5062 South Australia Upgrade of Riddoch Highway, Millers Lane and Argyle Road – Penola http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5059 Queensland Replacement of Existing Processing Plant with a smaller Technology Demonstration Plant – Yarwun http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5064 Western Australia Construction of urea production plant – Collie http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5067 Removal of Lepidium Catapycnon to allow infill of minor catchment area – Mt. Whaleback, Newman http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5066 Community News 27. 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 28. 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. 29. Position Vacant: New Volunteer Position – International intern, EDO (NSW) The EDO's International Program provides legal, policy and scientific assistance to lawyers and community groups working in public interest environmental law in the Pacific and South-East Asia. We provide assistance across a broad range of issues, with a focus at present on climate change, forestry, marine environments and Indigenous rights. Currently, we work in Papua New Guinea, the Solomon Islands, Fiji, and Samoa. The International Intern will undertake tasks such as: The successful applicant will have completed 3 or 4 years of a degree in law, international relations or a related discipline. We seek applicants who possess: For further information please contact Gillian Duggin on (02) 9262 6989. Applications close on Friday 11 September 2009. 30. Event: The Emerging Green Economy (Green Capital) Suddenly the green shoots of a 'New Green Economy' are everywhere … so will they take root, or burn off? The environment has featured in government stimulus responses to the global recession, and the Carbon Pollution Reduction Scheme is dominating national politics. But the recession will pass, the CPRS may yet fall through, and Australia has to address the question: What then? Transformation to a low-carbon, sustainable economy won't just happen without a lot of nurturing. From energy to transport, water to waste, buildings to broadband, Green Capital is exploring this emerging green economy and the interconnected network underlying it. Who's driving it and who'll pay? What's working and what's holding us back? And when can we expect real change? To help plot a path for change, Green Capital is engaging leading thinkers and doers from the public, business and community sectors in dialogue on this enormous challenge. Through our series of three ‘Emerging Green Economy' events in Sydney, Melbourne and Brisbane, our speakers and panelists will map out progress and probe barriers in key sectors like energy, water, transport and resource conservation. Join with Green Capital to help shape and support the principles, policies, programs and products we'll need to drive great economic transformation towards sustainability. Where: Sydney - Hilton Hotel, When: 7-10am, Thursday 10 September 2009 Includes breakfast For more information and to RSVP please visit: http://www.greencapital.org.au/index.php?option=com_content&task=view&id=78&Itemid=139
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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