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EDO NSW BULLETIN - 1 October 2009: Number 628The 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 - R v Burke Law and Policy Watch 10. Broken Hill's little victory gives hope EDO in the Media 15. BHP says mine 'no go zone' is in stone Environmental Law Notices - New South Wales 16. Major Project Proposals - Invitation to Comment Environmental Law Notices - Commonwealth 19. EPBC Referrals - Invitation to Comment Community News 20. FREE Climate Camp '09 - Helensburgh EDO News and Events In a landmark decision this week, the Chief Judge of the NSW District Court, His Honour Justice Blanch, overturned the criminal conviction of environmental activist Sean Burke for intimidation of a logging contract worker. Mr Burke was arrested at an anti-logging protest north-east of Gulaga in September 2007 and charged with intimidating a logging contract worker by stopping him from going to work under section 545B(1)(i) of the Crimes Act 1900. After nearly 2 years of court hearings, Mr Burke was convicted of the charge in Moruya Local Court in April this year. In the appeal proceedings, Justice Blanch questioned the interpretation of "intimidation" in Mr Burke's conviction, reiterating that there is no intimidation until another person has been intimidated (in the sense that fear has been induced in that person). He ruled that there was no evidence of Mr Burke intimidating the logging contract worker, particularly given that a number of police officers were present in the convoy that Mr Burke blockaded. This is a great win for Mr Burke and environmental activists across the State. 2. Case Update - Blue Mountains Conservation Society Inc (BMCS) v Delta Electricity Delta Electricity are appealing the NSW Land and Environment Court (LEC) decision to exercise its discretion and grant a protective costs order, which limits the costs that the unsuccessful party will be liable for at the end of proceedings. Without a protective costs order in place, BMCS will be unable to afford to proceed with the litigation. BMCS intends to defend the appeal, so that the civil enforcement proceedings against Delta Electricity under the Protection of the Environment Operations Act 1997 for allegedly causing water pollution can continue. 3. Case Update - Gwandalan Summerland Point Action Group lnc v Minister for Planning & Ors [20091 NSWLEC 140 Rosecorp is intending to appeal the recent Land and Environment Court (LEC) decision that voided the former Minister for Planning's approval under Part 3A for the State's biggest housing development at Catherine Hill Bay and nearby Gwandalan. Rosecorp must now commence proceedings on or before 30 November 2009. 4. 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 5. EDO thank you for computer donation The EDO would like to thank Norman Shapro from Acacia Environmental Planning Pty Ltd for donating a laptop to our office. The laptop will be used as part of our volunteer program. Our office relies greatly on the commitment of students and professionals who volunteer their skills at the EDO . 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. 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. 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 Venue: Coffs Harbour Education Campus (CHEC) Registrations: www.aaeensw.org.au/nsw_ee_conferences.htm 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 Watch
10. Broken Hill's little victory gives hope A little known but seminal Land and Environment Court case has given landholders stronger legal protection against Goliath sized mining companies. The precedent allows landholders to report mining companies if they breach their exploration licences. The judgment includes a lengthy discussion of access arrangements. For the full copy of the transcript, please visit: For more information, please visit: http://www.edo.org.au/edonsw/site/pdf/misc/20091001111456542.pdf 11 . Sydney Morning Herald: Tell 'em they're dreaming - north shore gets bolshie Ku-ring-gai Residents Alliance staged a mock funeral to mark the death of democracy in NSW, to express their dismay over Part 3A of the Environmental Planning and Assessment Act , and called for local planning rights to be restored. The event was attended by up to 2000 demonstrators. For more information, please visit: http://www.smh.com.au/national/tell-em-theyre-dreaming--north-shore-gets-bolshie-20090927-g7qf.html For related articles, 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 RightsThe 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. 14. 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: Muswellbrook Council Rezone part of Brennan Park from RE1 Public Recreation to R1 General Residential, so that the land can be developed as an aged care facility. http://leptracking.planning.nsw.gov.au/PublicDetails.aspx?Id=23
EDO in the Media
15. The Land: BHP says mine 'no go zone' is in stone (24 September 2009) BHP Staff have told a Senate inquiry into food production that "significant commitments" have been made by the company to declare two thirds of its original exploration area a "no go zone". This comes amidst a public David and Goliath battle between farmers and the mining companies which have their sights set on some of the most fertile farmland in Australia . For the full transcript of this report, please visit: http://www.edo.org.au/edonsw/site/pdf/misc/20091001113826203.pdf For related coverage, please visit: http://www.edo.org.au/edonsw/site/pdf/misc/20091001111440696.pdf
Law Notices - New South Wales
16. 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=3325
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3534
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3327
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3496
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2674
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2565
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2550
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=1135 17. 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. 18. Department of Lands - Public Exhibition 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
19. 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
20. FREE Climate Camp '09 - Helensburgh The EDO will be attending this year's climate camp near the Metropolitan Colliery Mine to give advice and information. 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 21. 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. 22. 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
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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This site was last updated
Tuesday 31 August, 2010
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