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EDO NSW BULLETIN 19 November 2009: Number 635The 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 EDO SEMINAR: The Health Impacts of Coal - Sydney Law and Policy Watch 10. Policy Submissions EDO in the Media 13. The Age: Another road to the airport Environmental Law Notices New South Wales 14. Major Project Proposals Invitation to Comment Environmental Law Notices Commonwealth 17. EPBC Referrals Invitation to Comment Community News 18. Position Vacant: Project Manager NSW Legal Assistance Forum (NLAF) EDO News and Events1. FREE EDO SEMINAR: The Health Impacts of Coal - Sydney The EDO is presenting a seminar canvassing the risks posed to public health by open cut coal mines, and what the legal response to that risk might be. The public health risks of open cut coal mining is increasingly concerning communities throughout NSW, as a consequence of the recent mining boom, and one that the NSW authorities are yet to address in a comprehensive manner. Date : 11 December 2009 For more information or to RSVP , call (02) 9262 6989 Light refreshments will be provided 2. 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: 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 3. Position Vacant: Scientific Director EDO NSW The EDO is looking to employ a scientist with 5 or more years of professional experience to fill the position of Scientific Director, based in our Sydney CBD office. Applicants should have an interest in a wide range of scientific issues and the environmental impact assessment process, and should see value in the participation of the public in environmental decision-making processes. The role does not involve campaigning or lobbying. The Scientific Director is a management position within the EDO, which reports to the EDO's Director. The Scientific Director is responsible for:
Key selection criteria Essential
Desirable
Salary range: $69,000 to $75,000, plus superannuation. For a full position description and more details on the EDO, please s ee www.edo.org.au/edonsw/site/jobs.php Applications close: 5pm Monday 7 December, 2009 . 4. Case Update: R v Jonathan Moylan, Ridley Leathart, Carly Ann Phillips and Georgina Woods On behalf of our clients, the EDO successfully applied to the District Court to have a compensation order for $5,000 quashed. The order against our clients was made under the Victims Support and Rehabilitation Act 1996 following a protest at Tomago Aluminium Smelter. The District Court held that the order should not have been made given that only vague evidence of the alleged loss suffered by the Smelter was provided to the trial judge. This case makes it clear that compensation orders cannot be made based on figures "plucked out of thin air. 5. FREE SEMINAR: Planned retreat, climate change and biodiversity - Byron Bay In response to a rising wave of interest from all levels of government in threats to coastal communities from climate change, the Environmental Defender's Office Northern Rivers presents a free public seminar on coastal management. It will focus on how liability issues, adaptation strategies and biodiversity protection are dealt with in recent initiatives including Byron Council's Draft Coastal Zone Management Plan and the NSW Government's reforms to coastal erosion management. Date: Thursday 3 December 2009 Light meal provided. No booking necessary. For more information, please call Mark Byrne, Education Officer, EDO Northern Rivers, on 66228470 or 1300 369 791. Please note that current litigation concerning protection works at Belongil Beach and the question of whether or not Byron Council is partially responsible for erosion there will NOT be addressed. 6. FREE WORKSHOP: Native vegetation law - Coffs Harbour This event is being organised with Coffs Harbour Council in response to concerns about illegal land clearing. EDO Northern Rivers solicitors will explain the approvals process for private native forestry under the Native Vegetation Act and other relevant instruments including Local Environmental Plans and Koala Plans of Management. Date : Saturday 5 December Light lunch provided To register to attend, please call Rachel Binskin at Coffs Harbour Council on (02) 6648 4662 or email rachel.binskin@coffsharbour.nsw.gov.au 7. EDO at the Convention on Biological Diversity Neva Collins, the EDO's Indigenous Solicitor attended the Convention on Biological Diversity on Monday, 2 November in Montreal to discuss the issue of the maintenance and promotion of traditional knowledge relevant to the management of biological diversity. Constituting a relatively small portion of the world's 6.3 billion people, Indigenous and local communities represent the largest portion of linguistic and cultural diversity on Earth and their traditional lands and waters overwhelmingly contain the greatest remaining reserves of biodiversity. Over 300 participants gathered to negotiate an international regime on access and benefit-sharing, so as to ensure that its use is subject to the prior informed consent of Indigenous and local communities and that the latter obtain a fair share of the benefits derived from the use of traditional knowledge associated with genetic resources. 8. 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. 9. Professor Ian Lowe to provide keynote address at the ANEDO Conference The Australian Network of Environmental Defender's Offices (ANEDO) will be holding a national conference on 28-29 May 2010. Professor Ian Lowe will deliver the keynote address on the first day of the conference. 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
The Department of Planning has released the Draft NSW coastal planning guideline: adapting to sea level rise for public consultation. The draft guideline is on exhibition until 11 December 2009. A Departmental fact sheet has been published to summarise the guideline. The draft guideline proposes to adopt the following six coastal planning principles for sea level rise adaptation: * Assess and evaluate coastal risks taking into account the NSW sea level rise planning benchmarks; * Advise the public of coastal risks to ensure that informed land-use planning and development decision-making can occur; * Avoid intensifying land use in coastal risk areas through appropriate strategic and land-use planning; * Consider options to reduce land-use intensity in coastal risk areas where feasible; * Minimise the exposure to coastal risks from proposed development in coastal areas; * Implement appropriate management responses and adaptation strategies, with consideration for the environmental, social and economic impacts of each option. Submissions are due by 11 December 2009 .
The Australia and New Zealand Food Regulation Ministerial Council, comprising Ministers responsible for food and health issues, has just released the Terms of Reference for the upcoming Review of Food Labelling Law and Policy. Click for further details and copies of the Terms of Reference. This review offers an important opportunity for organisations and members of the public to have their say on food labelling standards and policy, and in particular to call for reform when it comes to the labelling of animal-derived food products. The first round of public consultation for this review is now open, and interested organisations and individuals are encouraged to make submissions to the panel on issues within the scope of the Terms of Reference. Submissions are due by 20 November 2009 .
The Environment Protection and Heritage Council has released for public feedback draft National Wind Farm Guidelines which cover all phases of wind farm development. The guidelines include technical components covering: shadow flicker; noise, including prediction and post-construction monitoring of noise; impacts on landscapes; impacts on birds and bats; and electromagnetic interference. The draft guidelines and submission template can be found here: http://www.ephc.gov.au/taxonomy/term/25 Submissions are due by Wednesday 16 December 2009 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. 12. 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:
Spot rezoning - Hyatts Road, Plumpton http://leptracking.planning.nsw.gov.au/PublicDetails.aspx?Id=43
EDO in the Media 13. The Age: Another road to the airport (13 November 2009)The NSW Government has ignored key scientific advice and legal advice from the Environmental Defender's Office to legislate for mandatory environmental flows and rebuffing the remaining two shareholders, the Commonwealth and Victoria, which repeatedly attempt to work with NSW to amend the Snowy Water Licence and thereby avoid compensation to Snowy Hydro. To read the full text of this article, please visit: http://www.theage.com.au/national/letters/another-road-to-the-airport-20091112-icaf.html
Law Notices New South Wales 14. 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=2930 http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2842
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2765
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2935
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2522
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3194 http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2532
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2146
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2682
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3605
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3572
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3613
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3622 15. 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 Independent real time air quality monitoring network for the Upper Hunter: notice of community meetings DECCW will hold community information and consultation meetings on the proposal announced by the NSW Government on 21 October 2009 to establish an independent real time air quality monitoring network in the Upper Hunter. The meeting will be independently chaired. http://www.environment.nsw.gov.au/air/index.htm 16. 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 17. 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: Western Australia Harvey development of limestone and sand extraction sites http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5200 Mundaring water treatment plant http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5193 Brunswick River Valley Dam and pipeline infrastructure project http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5186 Queensland Goldcoast rapid transit project http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5199 Lytton construction of underground gas pipeline http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5196 Townsville residential development http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5194 Central Queensland ZeroGen Integrated Gasification Combined Cycle Power Plant and CO2 Capture, Transport and Storage http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5195 Jimboomba - Recreation Fields and Ancillary Sporting Facilities for Emmaus College http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5187 New South Wales Hunter Bayswater B 2000 MW Power Station http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5201 Dora expansion of coal combustion product storage area http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5188 ACT Barton - Demolition of the Robert Garran Office Annex Building http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5189
Community News 18. Position Vacant: Project Manager NSW Legal Assistance Forum (NLAF) NLAF ( www.nlaf.org.au ) seeks to improve the delivery of legal assistance services to socially and economically disadvantaged people through a collaborative and strategic approach by service providers. The role Relevant tertiary qualifications in law, social sciences or other relevant discipline, project management experience, knowledge of current and emerging issues in the Australian justice system, as well as an understanding of the justice sector in NSW are essential. High level analytical skills and judgement are required. Salary will be in the range $66,500 to $80,000 pa pro rata plus Super, dependent on qualifications and experience. Secondments will be considered. Applications close Friday 27 November 2009 For more information: Applicants should obtain selection criteria from www.lawfoundation.net.au or from Richard Wood (02 8227 3200 or hr @lawfoundation.net.au 19. FREE WORKSHOP: Native vegetation and private native forestry - Coffs Harbour This event is being organised with Coffs Harbour Council in response to concerns about illegal land clearing. It will cover the approvals process for private native forestry under the Native Vegetation Act and other relevant instruments including Local Environmental Plans and Koala Plans of Management. Date: Saturday 5 December 2009 A light lunch will be provided To register your attendance, please call Rachel Binskin at Coffs Harbour Council on 66484662 or email rachel.binskin@coffsharbour.nsw.gov.au 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/
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
Friday 12 March, 2010
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