A further directions hearing for this case was held on 11 September 2009. The matter was mentioned before His Honour Justice Biscoe in the Land and Environment Court. The Respondent filed a Notice of Motion for summary dismissal of the proceedings. A date for the hearing of the Respondent's Motion has been set for 2 December 2009 and the parties have agreed on a timetable for the filing of an agreed statement of facts, evidence, and submissions.

2 . Case Update - Lawyers for Forests Inc. v Minister for the Environment Heritage and the Arts and Gunns Limited [2009] FCAFC 114

Appeal against Gunns' Pulp Mill unsuccessful: In April 2009 Lawyers for Forests made an application for judicial review of the Minister's decision approving an application for Ministerial approval by Gunns Limited under the Environment Protection and Biodiversity Conservation Act 1999 ( Cth ). The application was made because discharge from the proposed pulp mill at Bell Bay in Tasmania may have an adverse effect on an area of Bass Strait that forms part of the Commonwealth marine environment. The Minister approved Gunns' application in October 2007 subject to a number of conditions.

Lawyers for Forests was unsuccessful and appealed the decision claiming that the Minister was seeking, by the imposition of conditions, to obtain knowledge of the impact of the discharge of the effluent and that, without this knowledge, it was not possible for him to impose the conditions in the first place. The Full Federal Court dismissed the appeal in September.

3. Case Update - Hastings Point Progress Association Inc v Tweed Shire Council [2009] NSWCA 285

Aebli Pty Ltd was given approval by Tweed Shire Council to develop a seniors living facility pursuant to a State Environmental Planning Policy ( Housing for Seniors or People with a Disability)2004 (NSW) (SEPP-SL) . Hastings Point Progress Association Inc questioned the validity of the approval, claiming Council did not consider and satisfy a condition of the Tweed Shire Local Environmental Plan (LEP). At first instance, Justice Pain in the Land and Environment Court stated that the requirements of the LEP were inconsistent with a condition of the SEPP-SL and that a SEPP-SL was to be given primacy over the LEP as indicated within the legislation. This finding was upheld on appeal.

For the transcript of this judgment, please click here.

4. FREE EDO Workshop: Mining Part 3A & Advocacy - Gloucester

The workshop will provide an overview of some of the key laws governing mining in NSW, the planning and environmental law framework in which decisions are made, public participation in this process, and what sort of approvals and assessments are required to mine in NSW.

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.

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.

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.

6. 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

7. 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.

8. 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

9. Australian Inventors to end global pallet plague

A new product is set to cause a green revolution in the global export pallet industry. Biofiba is an organic synthetic simulated timber, made from hemp fibre and corn starch that replaces wood, plastic and polystyrene in the manufacture of export pallets. Forty percent of timber harvested around the world is used to make export pallets. The vast majority are produced for one-way, one-time use. Unlike plastic and polystyrene pallets, which take hundreds of thousands of years to decompose, or timber pallets, which must be burned or chipped before being sent to landfill, Biofiba pallets decompose naturally.

For more information, please visit:

http://www.biofiba.com/whybiofiba.html

10. Australia "not carbon competitive"

The first-ever G20 low carbon competitiveness report looked at productivity versus emissions or "carbon productivity" and made a sad assessment of Australia's standing and future growth. Australia ranked 15th in an analysis of its capacity to generate business in a low carbon economy, the lowest position of any industrialised country.

For more information, please visit:

http://www.sbs.com.au/news/article/1090127/Australia-not-carbon-competitive

11. Garnaut slams ugly politics on emissions

Australian National University professor Ross Garnaut said yesterday free or discounted permits could become a form of protectionism if not handled properly, giving some countries' industries an unfair advantage over others.

For the full text of this article, please visit:

http://www.canberratimes.com.au/news/national/national/general/garnaut-slams-ugly-politics-on-emissions/1623713.aspx

12 . Environment East Gippsland Inc. v Vicforests [2009] VSC 8547 of 2009

Interim win: Environment East Gippsland Inc (EEG) has just obtained an interim injunction in the Supreme Court that halts logging in two very conservation significant compartments. EEG are alleging that the logging operations are unlawful and in breach of the precautionary principle and therefore in breach of the State legislation.

It is anticipated that the final hearing will be before the end of the year.

13. Policy Submissions

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

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

14. 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:

* Natural Resources Commission Act 2003,

* Catchment Management Authorities Act 2003, and

* Threatened Species Conservation Act 1995.

15. Local Environmental Plan Tracking

The process of creating Local Environmental Plans (LEPs) starts with a planning proposal which in most cases is undertaken by your local council and then initially assessed by the Department to determine whether it has sufficient merit to proceed. For a full listing of proposals currently available, visit the Department of Planning website at:

http://leptracking.planning.nsw.gov.au/Default.aspx

The following proposals have been listed within the last 7 days:

Council of the City of Sydney

Extends area of expenditure for affordable housing contributions

http://leptracking.planning.nsw.gov.au/PublicDetails.aspx?Id=15

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 (11 September 2009)

Nick Grimm follows up on his earlier report about the significance of the Land and Environment Court (LEC) Catherine Hill Bay decision. He interviews Tim Robertson a barrister specialising in planning law, who offers a damning assessment of planning legislation in NSW.

For the full transcript of this report, please visit:

http://www.abc.net.au/stateline/nsw/content/2006/s2683929.htm

17. ABC News: Hastings to get the Point (11 September 2009)

The Hastings Point Progress Association took legal action in a bid to block the development of a luxury seniors' resort featuring more than 260 units, known as The Point.

Solicitor John O'Reilly says a two-one decision was handed down today in favour of the developers.

He says that means the state planning laws for seniors' living might override other environmental and social considerations in the future.

For the full text of this article, please visit:

http://www.abc.net.au/news/stories/2009/09/11/2683421.htm?site=news

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

Marmong Point marina expansion

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2127

Tillegra Dam

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=1687

Port Maquarie Shopping Centre redevelopment

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=1068

Sydney International Regetta Centre - Castlereagh

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3439

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.ht

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:

NSW

Warkworth Mine Extension - Upper Hunter Valley

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5081

Queensland

Stage sand extraction - Cape Cleveland

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5087

Western Australia

Proposed land clearing for Shotts Industrial Park - Collie

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5086

Victoria

Shaw River power station projects - Orford

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5088

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5089

Ring road upgrade - Laverton North to Greensborough

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5085

Community News

22. FREE Climate Camp '09 - Helensburgh

The EDO will be attending this year's climate camp near the Metropolitan Colliery Mine. Throughout the three-day camp there are opportunities to learn about climate change and effects on people and the planet. Climate Camp adopts a climate justice framework: issues are discussed in a way that puts fairness at the forefront. Workshops, speakers and discussion focus on the current problems associated with coal mining in the Southern Coal Fields, including damage to drinking water catchments, as well as how coal-dependent communities can lead the transition to renewable energy, begin good new jobs and clean industries.

When: Friday, 09 October 2009 to Sunday, 11 October 2009
Where: Helensburgh

For more information, please visit:

http://www.climatecamp.org.au/helensburgh2009

23. 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.

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 .

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
Where: Randwick Community Organic Garden, Northern End Paine Reserve Cnr Rainbow & Botany St Kingsford (enter via Botany St)
Fees: $60.00
RSVP : essential as numbers are limited by contacting Emma Daniell on 9371 1602 or mobile 0402 287 393 or emmadan13@gmail.com
For more information please visit: www.seedsavers.net

27. Event (Sydney Greens Forum): Climate Action - What are the next steps? - Redfern

Discuss the options for emissions trading and more effective responses to the climate emergency with Australian Greens Senator Christine Milne, NSW Greens Senate candidate, Lee Rhiannon, and Greenpeace Australia spokesperson, John Hepburn. This is your chance to contribute to the debate.

When: Monday 21 September 2009 6.30pm - 9.00pm
Where : Redfern Town Hall, Pitt Street Redfern (bus or train from city)
RSVP: necessary to Heather Formaini on 0488 452 856 or hedghog@isp.net.au

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
Where: NSW Teachers Federation Conference Centre, 37 Reservoir Street, Surry Hills, Sydney, NSW (AUS) 2010 (wheelchair access)
Fees: View Registration Fees (Note, early bird discounts & limited spaces for some options)

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

29. Conference: EPLA - Sydney

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:

Changes to the approval processes in NSW including the adoption of model residential and commercial codes.
Planning for Bushfire Protection and the lessons to be learned from the Victorian Bushfires.
Contaminated lands and the recent amendments to the Act.
Heritage.

When : Thursday, 22 October 2009 at 9:00am to Friday, 23 October 2009 at 7:30pm
Where : Powerhouse Museum, Coles Lecture Theatre, 500 Harris Street, Ultimo

Send your RSVPs to kearns@mpchambers.net.au

For more information please visit: http://epla.org.au/media/pdf/EPLA%202009%20Flyer.pdf

30. FREE Pacific Islander Gathering: Climate Change - Mt Druit

The Pacific Conference of Churches and the Pacific Calling Partnership invite you to a Pacific Islander Gathering.

When : Friday 18th September 2009 from 6.00pm till 8.30pm
Where : Holy Family Centre Corner Emert Parade and Webber Crescent Mt Druitt
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

31. 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
Where : From Turramurra (Coles public car park) to Parliament House, Macquarie Street.

For more information, please visit: https://docs.google.com/fileview?id=0B5rliBzPna7HZjYzMjdiZjQtM2JiZi00MTRiLTliMTQtODJlMjFlZDQ5YTRi&hl=en