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EDO NSW BULLETIN 15 October 2009: Number 630The 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. FREE WORKSHOPS: Reconnecting the community with the planning system Law and Policy Watch9. Environment Protection Authority v Albury City Council EDO in the Media16. Sydney Morning Herald: Campers aim to stop coal mine expansion Environmental Law Notices New South Wales18. Major Project Proposals Invitation to Comment Environmental Law Notices Commonwealth21. EPBC Referrals Invitation to Comment Community News22. The Just Transition Tour EDO News and Events1. FREE WORKSHOPS: Reconnecting the community with the planning systemWhat do you think of the NSW planning system? Come along to one of the following workshops to share your views. These workshops are funded by the Department of Planning NSW and will be jointly facilitated by the EDO and Total Environment Centre.
For more information or to RSVP please contact Dave Burgess at daveb@tec.org.au or on (02) 9261 3437. Upon receipt of your RSVP you will be issued with a Discussion Paper on the planning system. Workshops will focus on the content of the Discussion Paper. Refreshments will be provided. 2. Case update: Caroona Coal Action Group Inc v Coal Mines Australia Pty Limited and Minister for Mineral Resources [2009] NSWLEC 165The Environmental Defender's Office is acting for Caroona Coal Action Group in bringing proceedings, by way of judicial review, challenging the validity of the exploration licence and an earlier coal authorisation issued to Coal Mines Australia to undertake exploration activities in the Caroona district. Caroona Coal filed an Amended Notice of Motion seeking a maximum costs order (of $34,000) stating the maximum costs that a party may recover from any other party. The motion was sought on the basis of the public interest nature of the proceedings. This would mean that if the Caroona Coal Action Group was unsuccessful in the proceedings and received an unfavourable costs order its liability would be limited to a maximum amount of $34,000. Chief Justice Preston found that a maximum costs order was not necessary to facilitate access to justice for the Caroona Coal Action Group. In so doing he highlighted the critical question in determining any application for a maximum costs order is whether access to justice will be promoted or impeded by the making or not making of such an order. The Court decided that the making of directions was a more appropriate means of achieving the overriding purpose than making a maximum costs order. The hearing on whether the Exploration licence issued to BHP is valid is scheduled to take place from 26-29 October 2009. 3. EDO Policy update Human Rights ActThe National Human Rights Consultation Committee provided its report to the Federal Attorney General, Robert McClelland, on 30 September 2009. The report provides an overview of results of the Consultation, which received an incredible 35,000 submissions from groups and individuals. The vast majority of these supported greater protection of human rights, primarily through a Human Rights Act. The Committee has made a number of recommendations to the Federal Government about how human rights can be better protected. It has stated that human rights education should be the first priority, and has recommended a number of other measures including that Australia adopt a Human Rights Act that gives full protection to civil and political rights, and partial protection to economic, social and cultural rights. However, the EDO is disappointed to note that the Committee did not make any specific recommendations in relation to environmental rights. While only approximately 245 submissions to the Consultation referred specifically to environmental rights, the report states that they were raised at the majority of community roundtables throughout the Consultation, and that 95% of respondents to an independent survey stated that the right to a clean and healthy environment was important or very important. For a copy of the Committee's report, go to: http://www.humanrightsconsultation.gov.au/www/nhrcc/nhrcc.nsf/Page/Report For a copy of ANEDO's submission to the Consultation, which was quoted by the Committee in its report, see: http://www.edo.org.au/policy/090615humanrights.pdf The Federal Government will now consider the Committee's report and respond in the coming weeks. 4. Case update Nambucca Valley Conservation Association Inc v Nambucca SC & AnorOn 20-21 October, the hearing in Nambucca Valley Conservation Association Inc v Nambucca SC & Anor will resume in the Land and Environment Court before Justice Biscoe. The EDO is representing NVCA Inc, and is arguing that a decision by the Council to consent to a residential subdivision in core koala habitat should be set aside on a number of grounds including the significant impact of the proposal on koalas and endangered ecological communities. 5. EDO NSW joins Twitter Follow our tweetsYou 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 6. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSWThe 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 02 9262 6989. 7. Invitation for Private Conservation landholdersThe 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 AnnouncementThe 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 Watch9. Environment Protection Authority v Albury City Council [2009] NSWLEC 169Albury City Council pleaded guilty to polluting water under s. 120 of the Protection of the Environment Operations Act 1997 . The Land and Environment Court heard that in late May 2008 a pump failure caused sewage effluent to overflow from a manhole discharging via a gutter into a stormwater drain leading to a stormwater gully and then into the Murray River. While potential harm to the environment was present no actual harm occurred. Justice Pepper imposed fines of $45,000 plus payment of the Environment Protection Authority's costs of $15,500 and its investigation costs of $2,544. 10. Environment Protection Authority v Causmag Ore Company Proprietary Limited [2009] NSWLEC 164On 24 September 2009 the Land and Environment Court found Causmag Ore guilty of contravening a condition of its Environment Protection Licence at its premises near Young. Filter bags and fabric filters at the Luhr bag house had not been maintained and as a result were damaged, deteriorated, torn, heavily caked and worn out. The Company failed to maintain the filters in a proper and efficient condition by not repairing or replacing the filter bags. It was charged with an offence under s. 64 of the Protection of the Environment Operations Act 1997 between March and April 2008. The maximum penalty applicable to offences under this section is $1million with a daily penalty of $120,000 for each day the offence continues. The condition of the filters led to dust emissions on neighbouring property. However, the Court found that the level of environmental harm was very low and the amount of dust deposited was not significant. In imposing penalties Justice Pain took into account mitigating factors including a guilty plea by the Company. The Company was fined $20,000 and ordered to pay the Prosecutor's costs of $26,500. It was also ordered to pay Young Shire Council a total of $45,000 by instalments until October 2012 to fund the Revegetation of Victoria Street Landfill Project. It was also ordered to place a notice in Young Witness announcing its conviction for breach of Environment Protection Licence. All references to the funding of the Rehabilitation Project must also be accompanied by a notice that refers to the penalty imposed, the Company's conviction for breach of its licence and the reasons why it was convicted. 11. Minister for Planning v Fancott Pty Ltd [2009] NSWLEC 170Fancott Pty Ltd has pleaded guilty in the Land and Environment Court to offences under s. 76A of the Environmental Planning and Assessment Act 1979 . The Berrima-based development company constructed New Kirk Lodge, a tourist accommodation lodge at Thredbo without development consent under the State Environmental Planning Policy No. 73 - Kosciusko Ski Resorts and without a Construction Certificate. Works carried out prior to the issuance of a Construction Certificate included alterations and additions to an existing residential apartment building. The offences were commercially motivated. Fancott's reasons for proceeding without approval included the fact that any delay would have had acute financial consequences and it was expedient for Fancott to commence the redevelopment rather than to wait for the necessary regulatory approvals. The Court described Fancott's conduct as either deliberate or reckless'. Justice Pepper imposed fines on Fancott Pty Ltd of $24,500 and ordered it to pay the prosecutors' costs of $26,600. 12. Suburbs will swallow Sydney's market gardensMore than half of the vegetable farms in the Sydney region are set to disappear because they are in the southern and north-western growth areas that the NSW Government has earmarked for suburban development over the next two decades, a departmental report has found. For the full text of this article, please visit: http://www.smh.com.au/environment/suburbs-will-swallow-sydneys-market-gardens-20091011-gse4.html For related coverage, please visit: http://www.smh.com.au/national/sydneys-1b-rubbish-bin-20091008-goz8.html 13. Policy Submissions
The EDO has recently submitted its response to the 5 year review of the Native Vegetation Act 2003 . Our submission can be viewed here: http://www.edo.org.au/edonsw/site/pdf/subs09/091002nativeveg.pdf
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 14. Legislative ReviewsLegislation 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 TrackingThe process for 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 Media16. Sydney Morning Herald : Campers aim to stop coal mine expansion (9 October 2009)The EDO attended Climate Camp 09 last weekend near the Metropolitan Colliery in Helensburgh, on the NSW south coast. Climate Camp 09 was convened to protest the proposed expansion of Peabody's Metropolitan Colliery at Helensburgh. Further longwall coal mining underneath Woronora dam may impact on the supply of water to Sydney and the Illawarra. The EDO provided assistance in workshops, attended meetings with high ranking police officers, and provided advice to environmental activists. We attended Wollongong police station to assist arrestees and obtain and return detained property. To view related reports, please visit: http://news.smh.com.au/breaking-news-national/activists-arrested-at-nsw-coal-mine-20091011-grza.html http://www.abc.net.au/news/stories/2009/10/11/2710652.htm http://sydney.indymedia.org.au/story/nsw-climate-camp-09 http://climatecamp.org.au/news 17. Tenterfield Star : Transgrid Battle in the Far North (14 October 2009)The EDO Northern Rivers is providing legal advice to the Tenterfield community on the TransGrid proposal. The North Coast is the battleground in which Tenterfield will win or lose the fight against Transgrid, according to NSW Greens MLC John Kaye. To view the full text of this article, please visit: Law Notices New South Wales18. Major Project Proposals Invitation to CommentFor 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=3031 19. State Conservation Notices Invitation to CommentThe 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. 20. Department of Lands Public ExhibitionVisit 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 Commonwealth21. EPBC Referrals Invitation to CommentReferrals 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 Kingston Norfolk Island adaptive refurbishments http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5119 Western Australia Anketell Point iron ore and processing and export port http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5120 Offshore Petroleum exploration area http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5122 Victoria Langwarrin Replacement culvert crossing in Boggy Creek http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5131 Northern Victoria irrigation renewal project http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5123 South Australia Upper South East Prescribed burn for Messent Conservation Park http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5130 Noarlunga to Seaforth rail extension http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5118 ACT Murrumbidgee Water transfer http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5124 Tasmania Barnes Hill Nickel Laterite Project http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5121 Community News22. The Just Transition TourSee the impacts of mining, meet amazing activists and support the transition: A six-day bus tour through coal communities around NSW to learn about coal, its contribution to climate change and its impacts on communities and environments. The tour is also about promoting the potential for a just transition to a renewable energy future that guarantees jobs and protects communities. When/Where: Fri 20th Nov Newcastle Gloucester Singleton Jerrys Plains; Sat 21st Nov Jerry's Plains Muswellbrook Bickham Caroona; Sun 22nd Nov Caroona Mudgee Lithgow; Mon 23rd Nov Lithgow Canberra; Tues 24th Nov Canberra; Wed 25th Nov Canberra Katoomba; Thurs 26th Nov Katoomba Sydney Lake Macquarie Newcastle Join for a weekend. There are options for people who can't come for the whole tour Fees : Final ticket price to be confirmed For more information , please visit http://transitiontour.wordpress.com/ 23. Forum: Wildlife Response to Disasters Royal Zoological Society of New South WalesAs the fires were burning in Victoria in February 2009, and the drought was tightening its grip across so much of the rural landscape, floods afflicted many towns in northern Queensland and northern NSW. With rare exception - a photo of a koala being offered a drink - the impact on wildlife went unreported. This forum throws a spotlight on the impact of disasters on our wildlife. When: Saturday 24 October 2009 RSVP by Friday 16th October to Phone/Fax: 02 9969 7336 office@rzsnsw.org.au For more information please visit www.rzsnsw.org.au 24. Workshop: Countdown to CopenhagenThis 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 . 25. Event: NSW Food Summit 2009: Hungry for Change Surry HillsThe 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 26. Conference: EPLA SydneyThe 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 27. Event: ACCEL ConferenceThe ACCEL Annual Conference addresses the effectiveness of Federal engagement in meeting a range of environmental challenges. The conference takes place at a time when the Commonwealth's key legislation the Environment Protection and Biodiversity Conservation Act 1999 is being independently reviewed for the first time since its commencement. Where : New Law Building on the Camperdown Campus, University of Sydney For more information contact the Events Coordinator (02) 9351 0248 RSVP at http://www.law.usyd.edu.au/ 28. Position Vacant: Executive Officer, National Parks Association of NSW (NPA)National Parks Association of NSW (NPA) is a non-government conservation group that seeks to protect, connect and restore the integrity and diversity of natural systems in NSW and beyond through national parks, marine sanctuaries and other means. NPA is located in a bright modern office in Newtown, next to Newtown Station. The Role As Executive Officer you will provide strategic leadership to the staff and volunteers of the NPA to implement the strategic plan and ensure long-term financial stability. As this is the most senior staff position, you will have a key role in ensuring NPA works efficiently and effectively to provide community support for policies and practices that protect, manage and foster appreciation of the natural areas of NSW. This is a unique opportunity to be at the forefront of conservation efforts in NSW. NPA has a highly successful track record in nature conservation over 50 years, effecting change within government and those on the ground. You will lead an active community-based organisation with a large membership base of over 5,000 people. Key Competencies Required
A competitive package to $85,000 plus super will be negotiated depending on qualifications and experience. Applications Close: 10am Mon 26 October 2009 For more information, visit the NPA website www.npansw.org.au . Applicants will only be considered if they send a written application that addresses each of the selection criteria (refer to website) and include their current resume.
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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