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EDO NSW BULLETIN - 29 October 2009: Number 632The 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 Law and Policy Watch 5. Make evacuation plans EDO in the Media 10. Sydney Morning Herald: Farmers take on BHP Environmental Law Notices - New South Wales 13. Major Project Proposals - Invitation to Comment Environmental Law Notices - Commonwealth 16. EPBC Referrals - Invitation to Comment Community News 17. Position Vacant: Executive Director - PILCH EDO News and Events1. 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 City: Newcastle City: Sydney City: Moruya City: Ballina City: 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. http://www.edo.org.au/edonsw/site/pdf/flyer/091026community_workshop.pdf 2. EDO case update: Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd & Minister for Mineral Resources The hearing in the proceedings brought by the Caroona Coal Action Group Inc against BHP subsidiary Coal Mines Australia Pty Ltd and the Minister for Mineral Resources was heard in the Land and Environment Court on 26 and 27 October 2009, before Preston CJ and Commissioner Pearson. The Caroona Coal Action Group submitted that the exploration licence EL6505, transferred to Coal Mines Australia Pty Ltd in 2006, was invalid, because the Licence document itself did not comply with the provisions of the Act. It also submitted that the authority which was transferred to Coal Mines Australia Pty Ltd was not valid, and therefore could not be transferred to Coal Mines Australia Pty Ltd. If the arguments are successful, BHP will no longer have rights to explore for coal over the Liverpool Plains area. The Court reserved its decision. 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 WatchThe House of Representatives Climate Change, Water, Environment and the Arts Committee has just released its inquiry report, Managing our Coastal Zone in a Changing Climate: The Time to Act is Now . ANEDO put in a submission to this inquiry in 2008 and appeared at a hearing before the committee on 26 March 2009 (link to transcript: http://www.aph.gov.au/hansard/reps/commttee/R11801.pdf ). The Committee has adopted as a key recommendation the establishment of a national coordinated approach to sea level rise and coastal impacts, which is consistent with ANEDO's submission. The full report can be accessed here: http://www.aph.gov.au/House/committee/ccwea/coastalzone/report.htm For related media coverage, please visit: http://www.smh.com.au/environment/make-evacuation-plans-20091026-hgpe.html http://www.theaustralian.news.com.au/story/0,25197,26265701-11949,00.html 6. Case note: Environment Protection Authority v Bowport All Roads Transport Pty Limited No. 2 [2009] NSWLEC 180 Bowport, one of the major players in the heavy vehicle industry, has been found guilty under the Protection of the Environment (Clean Air) Regulation 2002. Visual emissions from four of Bowport's heavy vehicles were detected on the M5 East tunnel between January and March 2007. The Land and Environment Court found the emissions were due to the age and mileage of the trucks, their mechanical condition and their loading. The offences resulted from insufficient investment in environmentally friendly vehicles, maintenance programs and driver education. In sentencing the Court last week ordered Bowport to (i) pay fines of $80,000; (ii) engage an independent expert to conduct on-road smoke tests of its trucks. Vehicles that fail the tests must be repaired or retested and must not be driven again until passed by the independent expert. Test results must be provided to the EPA; (iii) complete its accreditation requirements as a member of the Clean Fleet Program of the RTA; (iv) ensure its drivers attend a 'Diesel Emissions Awareness Course' at TAFE; (v) announce details of its conviction in the St George and Sutherland Shire Leader ; and (vi) pay the prosecutor's costs of $48,000. • 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: 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 Media10. Sydney Morning Herald: Farmers take on BHP (27 October 2009) The EDO provided legal advice to the Caroona Coal Action Group (landowners and residents from the Liverpool Plains, near Tamworth) who sought to overturn a BHP licence to explore in the area in a case before the NSW Land and Environment Court this week. For the full text of this article, please visit: http://www.smh.com.au/business/farmers-take-on-bhp-20091026-hgol.html For related coverage, please visit: http://www.abc.net.au/news/stories/2009/10/28/2726532.htm?site=news http://www.abc.net.au/news/stories/2009/10/26/2724273.htm 11. Sydney Morning Herald: Small axe fells big timber (24 October 2009) Fresh from her courtroom victory, Melissa Jolley says there are too many documents, projects and variables to allow authoritative predictions about which developments are vulnerable to the Huntlee ruling. Public distrust can be overcome only by independent revision of the Sartor deals, she says. ''This process needs to happen in the absence of a backdrop of developer donations and deals between developers and the minister.'' http://www.smh.com.au/environment/small-axe-fells-big-timber-20091023-hdcl.html 12. Moree Champion: Big W debacle continues (29 October 2009) The EDONSW is acting for two elders of the Moree Aboriginal community who challenged a rezoning which would allow a Big W to build on Taylor Oval. EDONSW indigenous solicitor Neva Collings is quoted in this report. For the full text of this report, please visit: http://www.moreechampion.com.au/news/local/news/general/big-w-debacle-continues/1662768.aspx
Law Notices - New South Wales13. 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 • Multi unit residential development - Arncliffe http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3411 • Munmorah power station rehabilitation http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3324 • 17-21 Parramatta Road, Auburn http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3271 http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3552 • Ulan Coal Continued Operations Project http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2660 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. • Bellingen Showground Draft Plan of Management
Environmental Law Notices - Commonwealth16. 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 Pymble - Seniors learning facility http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5168 Queanbeyan - Transport http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5162 Holbrook - dual carriageway http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5164 Western Australia Pilbara - Wodgina direct shipping ore project http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5167 Chittering - Extensions to the Mooliabeenie Railway Siding http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5165 Browse Basin - offshore exploration http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5160 ACT West Gungahlin - Clarrie Hermes Drive Extension http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5156 Queensland Gladstone - The lower Fitzroy River infrastructure project http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5173 Cooyar - Clearing of vegetation http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5163 Victoria Point - residential development http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5166 Balaclava Island - Balaclava Island Coal Export Terminal http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5158 Tasmania Tarkine - The Tarkine Road Project http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5169 Blackman Rivulet Dam - water usage http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5159
Community News17. Position Vacant: Executive Director - PILCH The Public Interest Law Clearing House (PILCH NSW) bridges the justice gap by linking individuals and not for profit organisations with legal and other professional advisors to address issues of concern in the community. PILCH NSW offers its members opportunities to give to the community through a broad range of pro bono work. PILCH is seeking an Executive Director. Applications close on 2 November 2009 . For an information pack please contact David Robb on (02) 8232 6326. 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/ 19. 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/
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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