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EDO NSW BULLETIN - 10 September 2009: Number 625The 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. Case Update - Blue Mountains Conservation Society Inc v Delta Electricity Law and Policy Watch 10. Few checks made on big projects EDO in the Media 16. ABC Stateline NSW: coverage of the decision of Gwandalan Summerland Point Action Group Inc v Minister for Planning & 2 Ors (4 September 2009) Environmental Law Notices - New South Wales 19. Major Project Proposals - Invitation to Comment Environmental Law Notices - Commonwealth 22. EPBC Referrals - Invitation to Comment Community News 23. Workshop: Countdown to Copenhagen EDO News and Events1. Case Update - Blue Mountains Conservation Society Inc v Delta Electricity [2009] NSWLEC 150 An initial win: The NSW Land and Environment Court (LEC) exercised its discretion to make an order limiting the plaintiff's costs, allowing it to proceed with civil enforcement proceedings against Delta Electricity under the Protection of the Environment Operations Act 1997 , for allegedly causing water pollution. This win was vital to the continuing viability of the case. The Court acknowledged this was a "test case" raising novel questions of a public interest nature. Justice Pain recognised that although any person can bring proceedings to stop a breach of environmental laws there have often been significant hurdles to doing this, including that if you lose you may have to pay the other side's costs. This is a landmark judgment which will make it easier, but certainly not easy, for members of the community to use the laws to protect the environment. For the full transcript of the judgment. 2. Case Update - Barrick Australia Ltd v Williams [2009] NSWCA 275 The New South Wales Court of Appeal found against Neville "Chappie" Williams who sought to challenge a modification application lodged in relation to the Lake Cowal gold mine. He'd received a favourable judgment before the Land and Environment Court (the EDO didn't act in that matter) where the Court imposed a limit on the power of the Minister to receive modification applications under Part 3A of the Environmental Planning and Assessment Act 1979 by saying if the modification was a "radical transformation" then it could not be dealt with as a modification. The gold mining company challenged the decision and the Court of Appeal agreed that the Minister's acceptance of the modification application wasn't a 'jurisdictional fact' or a decision that could be challenged at this stage. There is still the possibility of seeking review of the matter after the Minister makes her decision on the modification application. 3. FREE EDO Workshop: Mining Part 3A & Advocacy - Gloucester Date: 20 September 2009 For more information or to RSVP to (02) 9262 6989 Lunch and light refreshments will be provided 4. 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 Lunch will be provided. 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 For more information or to RSVP , please call Martin Hogan on (02) 66551159 or Mark Byrne on (02) 66228470. 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 call (02) 9262 6989. Boxes of 160 are also available on request for groups or organisations. 7. 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 8. 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. 9. 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 Watch10. Few checks made on big projects A survey has shown that only a quarter of Australia's biggest companies said representatives of the federal Department of the Environment, Water, Heritage and the Arts had checked if they were meeting any environmental conditions after a project was approved. For more information, please visit: http://www.smh.com.au/environment/few-checks-made-on-big-projects-20090906-fcu5.html 11. Carbon trading scandal linked to Government The Department of Foreign Affairs and Trade has been accused of assisting an Australian company caught up in Papua New Guinea's carbon trading scandal as it closed deals in Bangladesh and Jordan this year. The Sydney Morning Herald has reported that Carbon Planet and its PNG partner, Kirk Roberts, have been embroiled in a widening controversy over mocked-up carbon credit certificates, some of which were used in negotiations with PNG landowners. For more information, please visit: http://www.smh.com.au/environment/carbon-trading-scandal-linked-to-government-20090908-fg32.html 12. Water cap dispute may spill into court South Australian Premier Mike Rann has warned Victorian Premier John Brumby to remove the State's cap on water use limits by 31 October 2009 or face proceedings in the High Court. For the full text of this article, please visit: http://www.theaustralian.news.com.au/story/0,25197,26047155-5013404,00.html 13 . ALP Rifle Range becomes a target The EDO is acting for the Hill Top Residents Action Group who need no reminding of the "bullets for votes" deals that have flourished under the NSW Labor government. The Government often relies on the support of the Shooters Party to pass legislation and has agreed to build a giant new $5 million shooting complex on 1,000ha of national park, an area popular with bushwalkers. For the full text of this article, please visit: http://www.theaustralian.news.com.au/story/0,,26023855-2722,00.html *Review of the Native Vegetation Act 2003 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 *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 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. *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 *Market Mechanisms for recovering water in the Murray-Darling Basin 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 *Inquiry into Water Licences and Rights The Senate Standing Committee on Environment, Communications and the Arts is conducting an inquiry into water licences and rights focusing on the ability of the Commonwealth, across State borders, to sustainably manage water resources in the national interest, with particular reference to: a. the issuing, and sustainability of water licences under any government draft resource plans and water resource plans; b. the effect of relevant agreements and Commonwealth environmental legislation on the issuing of water licences, trading rights or further extraction of water from river systems; c. the collection, collation and analysis and dissemination of information about Australia's water resources, and the use of such information in the granting of water rights; d. the issuing of water rights by the States in light of Commonwealth purchases of water rights; and e. any other related matters. Submissions should be received by 1 October 2009 . For more information see: http://www.aph.gov.au/senate/committee/eca_ctte/water_licences/info.htm 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 Media16. ABC Stateline NSW: coverage of the decision of Gwandalan Summerland Point Action Group Inc v Minister for Planning & 2 Ors (4 September 2009) Nick Grimm interviews former Minister for Planning Frank Sartor about the significance of the Land and Environment Court (LEC) decision that an approval he granted under Part 3A for the State's biggest housing development was void. 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 the full transcript of this report, please visit: http://www.abc.net.au/stateline/nsw/content/2006/s2677406.htm For a Sydney Morning Herald opinion piece, please visit: http://www.smh.com.au/opinion/clean-up-this-mess-put-planning-on-a-pedestal-20090909-fhkz.html For coverage opposing the decision, including, former Minister for Planning, Frank Sartor's, written assessment, please visit: http://www.edo.org.au/edonsw/site/pdf/casesum/img-9101121-0001.pdf 17 Sydney Morning Herald : Car rally rock attack story false (10 September 2009) Initial reports of environmental protestors throwing rocks at cars to disrupt the World Rally Championships in NSW last week, which led to the cancellation of two stages of the race, now appear to be false. The EDO advised local community groups in the Northern Rivers region opposing the rally. http://www.smh.com.au/environment/car-rally-rock-attack-story-false-20090909-fhna.html For related coverage, please visit: http://www.sbs.com.au/news/article/1083572/Rock-throwing-protesters-halt-WRC 18. Illawarra Mercury : Backlash hits Berkeley Park Proposal (9 September 2009) 140 Berkeley residents have signed a petition against plans for a $25 million retirement village, and opponents are investigating a legal challenge to the development . For the full text of this article, please visit: Law Notices - New South Wales19. 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 *CBD Metro railway from Rozelle to Central http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3003 *Extension of Tharbogang Quarry & Landfill, Tharbogang http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=72 20. State Conservation Notices - Invitation to Comment The full listing of conservation plans is available for public comment on the National Parks and Wildlife website at http://www.environment.nsw.gov.au/consult/DecPublicConsultation.htm There are no new notices since the last eBulletin. 21. Department of Lands - Public Exhibition The following draft plans are currently being exhibited for public comment. Visit http://www.lands.nsw.gov.au/about_us/publications/exhibition to view the plans in detail. There are no new notices since the last eBulletin Environmental Law Notices - Commonwealth22. 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: Tasmania Pest eradication of European rabbits, black rats and mice - Macquarie Island http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5079 South Australia Upgrade South East railway line between Wolseley and Kalangadoo http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5078 Development of wind energy infrastructure - Snowtown http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5073 Expand 935km gas pipeline - Moomba (SA) to Wallumbilla (QLD) http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5072 Queensland Residential development, Malanda, http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5080 Commonwealth Marine Marine exploration (mineral, oil and gas) - Offshore Carnavon http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5077 2D Seismic Survey, Exploration (mineral, oil and gas) - Offshore Timor and Arafuna Seas http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5076 Victoria Construction of a high-pressure gas main, 3km long, Wyndham Vale http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5075 Community News23. 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 . 24. Position Vacant: ALAP Community Development Worker, Aboriginal Legal Access Program (ALAP) Community Legal Centres NSW Inc. (CLCNSW) seeks an experienced and enthusiastic person to undertake community development work in the NSW community legal centre sector to increase access to justice for Aboriginal people. The position is based in Ultimo, Sydney. The position requires experience in project management, advocacy, working with organisations to strengthen their capacity to meet the needs of Aboriginal workers and clients, strong organisational skills, and high-level communication skills. The position is for 21 hours per week with an above-SACS Award salary commencing at $57,258 p.a. pro rata plus superannuation. Salary packaging is available and the CLCNSW Enterprise Agreement offers generous conditions. The position is fixed term until 30 June 2010, with a possibility of ongoing employment dependent on funding. CLCNSW considers that being of Aboriginal and Torres Strait Islander background is a genuine occupational qualification for this position under section 14 of the Anti-Discrimination Act (NSW). For an information package or enquiries, please contact CLCNSW reception on (02) 9212 7333 or email Alastair McEwin, Director, on Alastair_McEwin@clc.net.au Applications close 10.00am, Friday 25 September 2009 25. Position Vacant: Administrator, Community Legal Centres NSW Inc Community Legal Centres NSW Inc. (CLCNSW) seeks an experienced and enthusiastic Administrator to provide management, operational and administrative support to State Office staff. CLCNSW is the peak organisation representing and resourcing 39 community legal centres in NSW. The position is based in Ultimo, Sydney. The Administrator is a pivotal role in the organisation, responsible for maintaining the operational and administrative components of the organisation, incorporating a high level of responsibility and autonomy. The position is for 28 hours per week with an above-SACS Award salary commencing at $51,229 p.a. pro rata plus superannuation. Salary packaging is available and the CLCNSW Enterprise Agreement offers generous conditions. For an information package or enquiries, please contact CLCNSW reception on (02) 9212 7333 or email Alastair McEwin, Director, on Alastair_McEwin@clc.net.au Applications close 10.00am, Friday 25 September 2009 26. Event: Introduction to Seed Saving Workshop - Randwick This is a rare opportunity to learn everything you need to know about seed saving from two of Australia's best, Jude & Michel Fanton of Seed Savers' Network, Byron Bay When: Sunday 20 September 2009, 10am to 3pm 27. Event (Sydney Greens Forum): Climate Action - What are the next steps? - Redfern When: Monday 21 September 2009 6.30pm - 9.00pm For more information, please visit: www.nsw.greens.org.au 28. Event: NSW Food Summit 2009: Hungry for Change - Surry Hills The NSW Food Summit starts the framing of a State-wide food policy that will address affordable access to healthy food, sustainable food systems and farming, food safety and health. When: Thursday, 22 October 2009 at 9:00am to Friday, 23 October 2009 at 5:30pm EDO Education Director Jemilah Hallinan will be presenting at the event. For more information please visit: View Food Summit Program RSVP by 18 October 2009 to summit@sydneyfoodfairness.org.au The 2009 Conference will be of interest to all persons who have an involvement in the field of environmental and planning law in NSW. The papers will focus on the important issues of:
When : Thursday, 22 October 2009 at 9:00am to Friday, 23 October 2009 at 7:30pm Send your RSVPs to kearns@mpchambers.net.au For more information please visit: http://epla.org.au/media/pdf/EPLA%202009%20Flyer.pdf 30. Seminar: Green Jobs and the Global Energy [R]evolution - Sydney Hear about the Greenpeace vision for a low carbon energy supply and the policies needed to achieve it, and a global analysis of the job creation in the electricity sector When : Friday 18 September 2009 at 4:00pm to 5:30pm 31. FREE Pacific Islander Gathering: Climate Change - Mt Druit The Pacific Conference of Churches and the Pacific Calling Partnership When : Friday 18th September 2009 from 6.00pm till 8.30pm Come and find out how we can support our brothers and sisters back home who are facing climate change. Let us face this crisis called climate change together. There will be dancing, songs, Pacific music, and speakers on climate change and the Pacific. Please come along and show your support for our islands in the Pacific that are threatened by climate change. Refreshments provided To RSVP contact: oinerm@unitingworld.org.au or mariat@erc.org.au 32. Event: State Funeral - Death of Democracy A motorcade event has been organised by the Ku-ring-gai Residents Alliance to restore democracy to local community planning. When : Sunday, 27 September 2009 at 10:30am for a 11:00am departure Register to join the motorcade at www.notsohigh.org.au For more information, please visit: https://docs.google.com/fileview?id=0B5rliBzPna7HZjYzMjdiZjQtM2JiZi00MTRiLTliMTQtODJlMjFlZDQ5YTRi&hl=e
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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