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EDO NSW BULLETIN 24 September 2009: Number 627The EDO Bulletin is a free weekly bulletin that provides a listing of news, events, public notices and opportunities for public comment. EDO News and Events 1. EDO joins Twitter Follow our tweets Law and Policy Watch 6. Connecticut/Open Space Institute v. American Electric Power EDO in the Media 12. The Age: Oil drilling blamed for lake pollution Environmental Law Notices New South Wales 15. Major Project Proposals Invitation to Comment Environmental Law Notices Commonwealth 18. EPBC Referrals Invitation to Comment Community News 19. FREE Climate Camp '09 - Helensburgh EDO News and Events 1. EDO NSW joins Twitter Follow our tweets You can now receive updates of EDONSW news and events on Twitter. For the latest news on cases, policy submissions, workshops and job opportunities follow EDONSW on twitter: http://twitter.com/EDONSW 2. 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. If you would like the EDO to visit your area to present a workshop on the contents of the guide please contact EDO Education Director Jemilah Hallinan on 02 9262 6989. 3. 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 4. 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. 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.
Law and Policy Watch 6. Connecticut/Open Space Institute v. American Electric Power The U.S. Court of Appeals has handed down a world-first and hugely important global warming judgement. The Court ruled that public nuisance law (part of tort, or injury, or damages, law) can be used to sue power companies for injuries from global warming. This public nuisance lawsuit was filed against the five largest emitters of greenhouse gases in the US in 2004, seeking a court order to reduce greenhouse gas emissions under the common law doctrine of public nuisance. The plaintiffs were eight states, the City of New York and three land trusts. A district court judge dismissed the case as a political question in 2005. The Court of Appeals then heard the matter and ruled in favour of the plaintiffs; not only on political question grounds but on every other issue that they briefed and argued. For the full copy of the transcript, please visit: 7. NSW, please meet your new acronym: Name change for DECC The NSW Department of Environment and Climate Change (DECC) has become the Department of Environment, Climate Change and Water (DECCW), with the transfer of the water management responsibilities of the former Department of Water and Energy. As part of this change, the NSW Office of Water has been set up within the Department. The Office of Water is responsible for the strategic management of the State's surface water and groundwater resources, reporting to Minister Phil Costa the Minister for Water. David Harriss is NSW's first Commissioner for Water. The Minister for Environment and Climate Change is now John Robertson. 8 . Global Warning: Sydney dust storm just the beginning In the nation's interior, dust storms are a daily event. All future climate predictions point to a warmer, drier inland and an increase in the unusually strong winds that carried the dust storm from the South Australian border to the east coast. For more information, please visit:
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 • 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. 11. Local Environmental Plan Tracking The process of creating Local Environmental Plans (LEPs) starts with a planning proposal which in most cases is prepared by your local council. They are then assessed by the Department of Planning which makes a gateway determination to determine whether the proposal has sufficient merit to proceed. Once planning proposals pass through the gateway stage they are placed on the Planning Department's website which allows the community to track their progress. To access the LEP tracking system 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: There are no new notices since the last eBulletin.
EDO in the Media 12. The Age: Oil drilling blamed for lake pollution (20 September 2009) Oil Search, an Australian-owned oil and gas company has been accused of leaking toxins into pristine Lake Kutubu, resulting in the poisoning of local residents. A young girl died after ingesting the contaminants. The EDO is acting for Friends of Kutubu and is investigating the allegations. For the full transcript of this report, please visit: http://www.theage.com.au/environment/oil-drilling-blamed-for-lake-pollution-20090919-fw51.html 13. Sydney Morning Herald: Town planners back third-party appeals (22 September 2009) Reform of Part 3A of the Environmental Planning and Assessment Act 1979 by giving third parties the right to appeal against the Planning Minister's development approvals is desirable. The article suggests that when people can challenge planning decisions, corruption in NSW's planning system may be reduced. For the full text of this article, please visit: http://www.edo.org.au/edonsw/site/pdf/misc/20090923140925750.pdf 14. Indigenous people power challenges mining might The Martidja Manyjima people are seeking to limit the endless expansion of mining on their country by relying on an Environmental Defender's Office argument forming the basis of a WA Supreme Court ruling. The WA Supreme Court has previously held that environmental issues are a public interest issue and should be considered by the mining registrar when deciding on mining. For the full text of this article, please visit: http://www.eurekastreet.com.au/article.aspx?aeid=16575
Law Notices New South Wales 15. 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
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3419
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3430
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2742
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2378
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3434 16. 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. 17. 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.
Environmental Law Notices Commonwealth 18. 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 19. 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 the effects it has on people and the planet. Workshops, speakers and discussion will 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 20. 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 Cost: $20/$35/$85 For more details and to register, please visit http://www.cana.net.au/index.php?site_var=61 . 21. 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 22. 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 23. 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. 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 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 25. 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. Register to join the motorcade at www.notsohigh.org.au For more information, please visit: https://docs.google.com/fileview?id=0B5rliBzPna7HZjYzMjdiZjQtM2JiZi00MTRiLTliMTQtODJlMjFlZDQ5YTRi&hl=en
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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