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EDO NSW BULLETIN - 21 October 2009: Number 631

The 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. FREE WORKSHOPS: Reconnecting the community with the planning system
2. EDO case update: Sweetwater Action Group Incorporated v Minister for Planning & Huntlee Holdings Pty Ltd
3. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW
4. Invitation for Private Conservation landholders

Law and Policy Watch

5. Voluntary Action Campaign Petition
6. US climate change decision against CO2 emitters
7. Policy Submissions
8. Legislative Reviews
9. Local Environmental Plan Tracking

EDO in the Media

10. The Herald : Government falls on its sword: consent for Huntlee is void
11. Sydney Morning Herald : Power line to cut green corridor's missing link
12. Northern Rivers Echo: Quarrel continues over Champions Quarry

Environmental Law Notices - New South Wales

13. Major Project Proposals - Invitation to Comment
14. State Conservation Notices - Invitation to Comment
15. Department of Lands - Public Exhibition

Environmental Law Notices - Commonwealth

16. EPBC Referrals - Invitation to Comment

Community News

17. Position Vacant: Climate Action Network International - Policy and Political Intern
18. The Just Transition Tour
19. Forum: Wildlife Response to Disasters - Royal Zoological Society of New South Wales
20. Open Public Meeting of the Natural Resources Commission of NSW
21. Position Vacant: Executive Officer, National Parks Association of NSW (NPA)


EDO News and Events

1. FREE WORKSHOPS: Reconnecting the community with the planning system

What 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.

City: Wollongong
Date: Sat 14/11
Time: 1pm - 5pm
Venue: Aboriginal Cultural Centre - 22 Kenny St Wollongong

City: Newcastle
Date: Mon 16/11
Time: 5pm - 9pm
Venue: Skylight Room, Panthers - Cnr King & Union Newcastle West

City: Sydney
Date: Wed 18/11
Time: 5pm - 9pm
Venue: Sydney Mechanics' School of Arts, Mitchell Theatre, Level 1 280 Pitt St Sydney

City: Moruya
Date: Sat 21/11
Time: 10am to 1pm
Venue: Moruya High School, 97 Albert Street, Moruya

City: Ballina
Date: Thu 26/11
Time: 5:30pm to 8.30pm
Venue: Richmond Room, 5 Regatta Avenue, Ballina

City: Coffs Harbour
Date: Sat 28/11
Time: 1pm to 5pm
Venue: Cavanbah Centre, 191 Harbour Drive, Coffs Harbour

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. EDO case update: Sweetwater Action Group Incorporated v Minister for Planning & Huntlee Holdings Pty Ltd

The Land and Environment Court has declared that the Concept Plan approval and related rezoning of a major development for a proposed 7,500 houses at Branxton in the Hunter Valley were invalid and of no effect, and ordered that these decisions be quashed.  The Minister for Planning and Huntlee Holdings Pty Ltd consented to these declarations and orders, in light of the decision by Justice Lloyd in the Catherine Hill Bay/Gwandalan case which the EDO also ran. The Court also ordered that the Minister for Planning and Huntlee Holdings Pty Ltd pay Sweetwater Action Group Incorporated's legal costs.

 3. 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.

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.

 

Law and Policy Watch

5. Voluntary Action Campaign Petition

On 2 October The Total Environment Centre, CHOICE, WWF Australia, the Australian Conservation Foundation, the Alternative Technology Association, the Moreland Energy Foundation and Environment Victoria launched a campaign calling on the Federal Government to amend the Carbon Pollution Reduction Scheme (CPRS) to allow households, businesses and State and local government to take their own voluntary action above and beyond the Federal Government's efforts.

Please refer to the links for a press release, joint statement and a position paper:

http://yourclimateaction.files.wordpress.com/2009/10/mmvac-statement.pdf

http://yourclimateaction.files.wordpress.com/2009/10/briefing.pdf

There is also a website http://yourclimateaction.wordpress.com/ with a petition http://yourclimateaction.wordpress.com/petition/  

6. US climate change decision against CO2 emitters

Another important climate change decision has emerged from the US. The U.S. Court of Appeals for the Fifth Circuit has overturned a district court dismissal in Comer v Murphy Oil , allowing public nuisance litigation to proceed. Victims of Hurricane Katrina are seeking compensation for loss of private property and loss of the use of public property from huge power companies accused of emitting CO2. The Court of Appeals has allowed tortious claims of nuisance, negligence, and trespass to proceed.

To view the full judgement, please visit:

http://www.ca5.uscourts.gov/opinions/pub/07/07-60756-CV0.wpd.pdf

7. Policy Submissions

•  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

•  A Strategic Framework for Access to Justice in the Federal Civil Justice System

The Attorney-General, the Hon Robert McClelland MP, released the report of the Access to Justice Taskforce, 'A Strategic Framework for Access to Justice in the Federal Civil Justice System'.  The report focuses on how to improve access to justice in Australia and makes recommendations.  The report provides an opportunity for the public to assist the Government to develop initiatives which appropriately address and improve access to justice for all Australians. The Discussion Paper can be viewed here:

http://www.ag.gov.au/a2j

 8. 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.

9. Local Environmental Plan Tracking

The 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 Media

10. The Herald : Government falls on its sword: consent for Huntlee is void (19 October 2009)

The NSW Government has agreed with the EDO that it overstepped its bounds in approving the Huntlee New Town development at Branxton.

For the full text of this article, please visit:

http://www.theherald.com.au/news/local/news/general/government-falls-on-its-sword-consent-for-huntlee-is-void/1653155.aspx

For related coverage, please visit:

http://www.smh.com.au/national/court-case-shakes-developers-confidence-in-system-20091019-h4zu.html

http://www.smh.com.au/national/ministers-unlawful-act-scuppers-7200-homes-20091018-h2y0.html

http://www.theherald.com.au/news/local/news/general/huntlee-development-could-still-go-ahead/1653677.aspx

11. Sydney Morning Herald : Power line to cut green corridor's missing link (21 October 2009)

The EDO Northern Rivers is providing legal advice to the Tenterfield community on the TransGrid proposal.

For the full text of this article, please visit:

http://www.smh.com.au/environment/power-line-to-cut-green-corridors-missing-link-20091020-h6z7.html

For related coverage, please visit:

http://www.echonews.com.au/story/2009/10/15/greens-slam-power-plan/

12. Northern Rivers Echo: Quarrel continues over Champions Quarry (15 October 2009)

The EDO provided legal advice to Tucki Residents Against Mega Quarry Inc in the original development application to Lismore City Council.

For the full text of this article, please visit:

http://www.echonews.com.au/story/2009/10/15/quarrel-continues-over-champions-quarry/

 

Law Notices - New South Wales

13. 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

•  Hunter Medical Research Institute

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2838

•  Bulli - upgrading of coal mine

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2673

•  Moree town centre by-pass

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2493

•  Moonee Beach subdivision

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2218

•  Narama extended coal mine development

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3417

14. 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.

15. 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.

•  HMAS Adelaide dive site - opportunity to act as commercial agent

http://www.lands.nsw.gov.au/about_us/publications/exhibition/eoi/ex-hmas_adelaide_dive_site_-_opportunity_to_act_as_commercial_agent_for_dive_site

 

Environmental Law Notices - Commonwealth 

16. 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

Russell Vale - Upgrade of Facilities at NRE No.1 Colliery

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5142

Western Australia

Bibra Lake Industrial Area - Extension of Spearwood Ave

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5140

Hazelmere - Residential development

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5141

 Victoria

Greenvale & Craigieburn - Residential development

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5135

South Australia

Beverley (Northern SA) - extension to the Beverley uranium mine

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5138

 

Community News

17. Position Vacant: Climate Action Network International - Policy and Political Intern

Climate Action Network International (CAN-I) seeks a voluntary Policy and Political Intern to provide support to the International Policy Coordinator. The Policy and Political Intern would attend the UNFCCC negotiation sessions in Barcelona from 1 to 6 November and in Copenhagen from 5 to 18 December, including CAN strategy sessions, and support CAN-I Secretariat staff to help ensure that the network effectively influences the international negotiations to get the best possible outcome for the climate.

Application process:

•  Applications of no more than 2 pages (addressing experience and qualifications identified above) plus resume for this role should be made via email to can-jobs@climatenetwork.org with the subject heading: "Application for Policy and Political Intern" by the 22 October 2009 .

•  Please, no telephone inquiries. Based on the expected large interest in this position and limited capacity, only candidates chosen for interviews will be contacted. CAN is an Equal Opportunity Employer.

For more information, please visit:

http://www.edo.org.au/edonsw/site/word/can_policy_political_intern.doc

18. Forum: Wildlife Response to Disasters - Royal Zoological Society of New South Wales

As 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
Where: ANZ Conservation Lecture Theatre (top car park) Taronga Zoo, Mosman
Fees: RZS members: earlybird registration $50; otherwise $60. Non-members: earlybird registration $95; otherwise $125.00.
RSVP by Friday 16th October to Phone/Fax: 02 9969 7336 office@rzsnsw.org.au

For more information please visit www.rzsnsw.org.au

19. The Just Transition Tour

See 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/

20. Open Public Meeting of the Natural Resources Commission of NSW

Show your support for the Riverina Red Gums. These iconic forests are on the lands the Yorta Yorta, Barapa Barapa, Wamba Wamba, Mutthi Mutthi and Wiradjuri peoples who are concerned the protection of River Red Gums is losing support.

Where : Metcalf Auditorium, State Library, Macquarie St, Sydney
When : 6-9pm, Monday 2 November

RSVP at http://www.law.usyd.edu.au/

21. 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

  • Organisational Leadership
  • Strategic Planning
  • Stakeholder and Media Relations
  • Business Development
  • High Level Public Policy Development, Advocacy and Change Management/Community Mobilisation
  • Corporate Governance and Risk Management

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.

 

 

 

 

 

Untitled Document

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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