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EDO NSW BULLETIN 26 November 2009: Number 636The 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 Events 1. 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 Time : 12:30pm for a 1:00pm start to 2:30pm. Venue : Maddocks, Angel Place, 123 Pitt Street Sydney NSW 2000 For more information call (02) 9262 6989 Light refreshments will be provided http://www.edo.org.au/edonsw/site/seminar.php 2. FREE WORKSHOPS: Reconnecting the community with the planning system What do you think of the NSW planning system? Come along to the following workshop to share your views. This workshop is funded by the Department of Planning NSW and will be jointly facilitated by the EDO and Total Environment Centre. 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. http://www.edo.org.au/edonsw/site/pdf/flyer/091026community_workshop.pdf 3. Position Vacant: Scientific Director EDO NSW Our scientific director Tom Holden is regrettably leaving for Melbourne. The EDO is now 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: Hill Top Residents Action Group Inc v Minister for Planning and NSW Sport and Recreation Justice Biscoe of the Land and Environment Court upheld the appeal by Hill Top Residents Action Group Inc against the approval by the Minister for Planning of a Regional Shooting Complex at Hill Top, in the Southern Highlands, declaring the Minister's approval void. HTRAG successfully challenged the approval on the basis that the shooting range was prohibited under Part 3A of the Environmental Planning and Assessment Act 1979 and the State Environmental Planning Policy (Major Projects) 2005. The Court found that the range danger area', essentially a designated buffer zone to capture stray bullets, was not permissible in the part of the site zoned as an environmental conservation area under the State Environmental Planning Policy (Major Projects) 2005. The Court further found that the range danger area was an essential part of the project, and as a result found the entire approval void, and made an order restraining the Department of Sport from doing anything further on the site pursuant to the project approval. In addition, the Court accepted HTRAG's submission that the Independent Hearing and Assessment Panel was not properly constituted on the basis that former politician, Ian Armstrong, was not an 'expert'. However, the Biscoe J found that this did not lead to invalidity because consideration of the expert report was not mandatory. Thanks to Tim Robertson and Jason Lazarus who acted as counsel in these proceedings. 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 Time: 5:45pm for 6pm sharp to 8:00pm Venue: SCU Room, Byron Community Centre, Johnson Street, Byron Bay 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 Time : 10.30 am to 3 pm Venue : Cavanbah Hall, 191 Harbour Drive 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 attended a peaceful demonstration (23 November 2009) The EDO provided legal advice to over two hundred people blockading the entry to Parliament House in a peaceful civil disobedience demonstration earlier this week. The participants called upon Prime Minister Kevin Rudd to secure a strong, legally binding treaty at the upcoming international climate negotiations. Georgina Woods spokesperson for the demonstration said: The Copenhagen climate talks are the world's best chance to prevent devastating climate change. Prime Minister Rudd has the opportunity to play a role in determining how today's leaders respond to the climate crisis, to leave a courageous legacy for future generations. To view media coverage, please visit: http://video.aol.co.uk/video-detail/climate-change-protest-outside-parliament/3475892965 http://www.youtube.com/watch?v=kH3RAySHZn8 http://www.abc.net.au/news/stories/2009/11/23/2751077.htm 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 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
The NSW Office of Fair Trading has released a draft Residential Tenancies Bill 2009 that proposes a number of changes to tenancy law in NSW. The draft Bill seeks to: *Fairly balance the rights and obligations of tenants and landlords; *Modernise and update the law in line with current practices; *Reduce the level of disputes, by providing greater clarity and certainty in the legislation. Amongst the proposed changes to the law are provisions requiring rental properties to be water efficient where the tenants are responsible for paying for water. The Office of Fair Trading is seeking feedback and comments on the proposed changes, which provides an opportunity to make submissions about additional green' measures that can be incorporated into residential tenancy laws. For more information about the proposed reforms and the consultation, see: Submissions are due by Friday 18 December 2009 .
The discussion paper will be a major opportunity for interested individuals, communities and organisations to input and provide feedback on the preparation of the Basin Plan. The public is invited to make submissions on sustainable diversion limits for the Murray Darling Basin Plan. For further information, please visit: http://www.mdba.gov.au/media_centre/media_releases/mr-water-extraction-limits Submissions are due by Thursday 17 December 2009 .
The Department is undertaking a Strategic Assessment of the North West and South West Growth Centres under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Strategic Assessment will assess the potential impacts of urban development of the North West and South West Growth Centres on matters of National Environmental Significance protected under the EPBC Act. For further information, please visit: http://www.growthcentres.nsw.gov.au/strategicassessment-94.html ) Submissions are due by 23 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 Threatened Species Conservation Act 1995 is shortly due for review. 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:
Expanding the existing Wallace and Brady Streets Conservation Area, Burwood http://leptracking.planning.nsw.gov.au/PublicDetails.aspx?Id=44
Spot Rezoning, John Fraser Place, Port Macquarie http://leptracking.planning.nsw.gov.au/PublicDetails.aspx?Id=45
EDO in the Media 13. Sydney Morning Herald: Victory for residents as range approval unlawful (25 November 2009) The EDO represented the Hill Top Residents' Action Group in a win in the Land and Environment Court (LEC) this week. A Labour Government promise to the Shooters Party to build a huge shooting range in the Southern Highlands has collapsed, with the LEC rejecting the planning approval for the project. For the full text of this article, please visit: http://www.smh.com.au/national/victory-for-residents-as-range-approval-unlawful-20091124-jhel.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=3137
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3629
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3587 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 There are no new notices since the last eBulletin. 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.
http://www.lands.nsw.gov.au/about_us/publications/exhibition/eoi/redhead_over_55_retirement_living
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 North West shelf seismic marine survey http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5212 Windarling Range Koolyanobbing Iron Ore Project http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5203 Queensland Bowen Basin open cut coal mine http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5216 http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5215 Cairns tropical paradise resort precincts developments http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5211 Mango Hill transportable home park http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5209 New South Wales Waterfall Waterfall commuter and carpark extension http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5206 ACT Parkes/Yarralumla removal of trees from national land http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5205 NT Tenant Creek Northern Borefield water supply pipeline http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5214 VIC Grassdale Ardachy tree farm entrance http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5205
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 Time: 10.30am to 3pm Venue: Cavanbah Hall, 191 Harbour Drive, Coffs Harbour 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
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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