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EDO NSW BULLETIN 3 December 2009: Number 637The 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. EDO Case Update: R v Flint, Daines & McLean Law and Policy Watch 9. Senate votes down the CPRS EDO in the Media 14. Sydney Morning Herald: Miners stir up fear
for food Environmental Law Notices New South Wales 17. Major Project Proposals Invitation to Comment Environmental Law Notices Commonwealth 20. EPBC Referrals Invitation to Comment Community News 21. Position Vacant: IRN Administrative Officer EDO News and Events 1. EDO Case Update: R v Flint, Daines & McLean Three protestors charged with Trespass and Approach under the Forestry Regulations in June this year for blockading forestry operations in the Red Gum State Forest of Millewa near Deniliquin were found not guilty in the Deniliquin Local Court on Tuesday. The protestors resorted to direct action to protect the logging of the iconic forests as the logging was occurring without lawful authority. Forests NSW are required to obtain a Part 3A approval under the Environmental Planning and Assessment Act 1979 to undertake logging operations in the Riverina. However, no approval had been obtained at the time of the protest and has still not been obtained. During a 3 day hearing the Court was asked to determine the legality of the logging operations. As there was no Part 3A approval charges under the Forestry Regulation could not be upheld. The EDO represented the 3 protestors and was guided by the able assistance of Ken Averre of Counsel. 2. 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 http://www.edo.org.au/edonsw/site/seminar.php 3. Position Vacant: Scientific Director EDO NSW Our scientific director Tom Holden is regrettably leaving to re-establish in 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 For further information on the position, please contact Jeff Smith on: (02) 9262 6989. Applications close: 5pm Monday 7 December, 2009 . 4. EDO Case Update: Gwandalan Summerland Point Action Group Inc v Minister for Planning The appeal period for the developer in this matter - Rose Property Group Pty Ltd, expired this week. In August the Land and Environment Court declared that the Part 3A approvals for the development of land at Catherine Hill Bay and Gwandalan granted by the former Minister for Planning, Mr Frank Sartor, were void. The EDO represented the Gwandalan Summerland Point Action Group Inc. For the full transcript of the judgment, please visit: 5. EDO Case Update: Peter Gray & Naomi Hodgson v Macquarie Generation In this landmark pollution case, Macquarie Generation's motion to have the matter dismissed was heard in the Land and Environment Court on 2 December 2009. Before Justice Pain, Macquarie Generation argued that the matter should be dismissed because Macquarie Generation is authorised to emit unlimited levels of carbon dioxide into the atmosphere under its environmental protection licence and this alleged authority is a complete defence to the claim that it is disposing of waste by way of the emission of carbon dioxide at Bayswater Power Station in breach of s 115(1) of the Protection of the Environment Operations Act 1997 . The Applicants contended that there are real questions of law and fact to be tried, including a real question of law as to whether the environment protection licence does in fact authorise the emission of unlimited levels of carbon dioxide at Bayswater Power Station in a manner that harms the environment. The Applicants therefore argued the case should be allowed to go to a full trial. The Court has reserved its decision. 6. Please complete our online planning survey The EDO, along with Total Environment Centre (TEC) held a series of workshops throughout NSW to update the community on the recent changes to the Environmental Planning and Assessment Act 1979 and to seek community feedback on the NSW Planning System. The workshops were based on a discussion paper entitled 'Planning in NSW: Reconnecting the community with the planning system' which outlines the NSW planning system and the opportunities for public participation. You can access the discussion paper here . The workshops were funded by the Department of Planning NSW and were jointly facilitated by the EDO and Total Environment Centre. They were held in Ballina, Coffs Harbour, Newcastle, Sydney, Wollongong and Moruya throughout November 2009. People who could not attend the workshops are encouraged to give their feedback on the NSW Planning System by completing our Online Survey. 7. 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 2003 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 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.
Law and Policy Watch The Federal Government will make a third attempt at winning Senate approval for its emissions trading scheme when Parliament resumes sitting in February. The Senate has voted down for a second time legislation setting up the carbon pollution reduction scheme. Acting Prime Minister Julia Gillard, flanked by climate change ministers Penny Wong and Greg Combet, said the Government would reintroduce its legislation on February 2. For the full text of this article, please visit: http://www.smh.com.au/national/dead--ets-to-rise-again-20091202-k4c1.html 10. Director-General, Dept of Environment and Climate Change v Calman Australia Pty Ltd; Iroch Pty Ltd; GD & JA Williams Pty Ltd t-as Jerilderie Earthmoving [2009] NSWLEC 182 The Land and Environment Court found each of the Defendants guilty of the offence of clearing native vegetation (River Red Gum open forest Eucalyptus camaldulensis ) contrary to s. 12(1) of the Native Vegetation Act 2003 . The offences occurred between September 2006 and May 2007 on 21 hectares of property in Tocumwal. No development consent was granted for the clearing and there was no property vegetation plan authorising the clearing. The Defendant landholders, directors of Calman Australia Pty Ltd and Iroch Pty Ltd, contracted with the director of GD & JA Williams Pty Ltd to clear native vegetation using machinery including chainsaws and bulldozers. The landholders removed the vegetation to enhance and protect the property from risks such as bushfires and to assist in the financial sustainability of the property' including using the land for grazing cattle. DECC officers observed 2,383 stems greater than 15cm. Most of the leaf litter, debris and groundcover plants were removed during clearing. Logs in the woodpiles on the property were more than 15 years old. The cleared area (i) provided potential habitat for the Superb Parrot and the Grey-crowned Babbler; (ii) created potential for erosion; and (iii) contained smaller trees that were mulched or burnt. Experts agreed the environmental harm was significant given the age of the trees cleared and the size of the cleared area. The Court convicted each of the Defendants, fined them a total of $66,000 and ordered them to pay Prosecutor's costs totalling $73,000.
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 of Environment, Climate Change and Water 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. 13. 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 There are no new notices since the last eBulletin.
EDO in the Media 14. Sydney Morning Herald: Miners stir up fear for food (2 December 2009) The 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. This article reports on the findings of a parliamentary inquiry in Canberra which has found that the NSW Government should investigate a total ban on mining under the Liverpool Plains food bowl and other areas where floodplains or aquifers are crucial to growing food. ''As the driest inhabited continent on earth, with only an estimated 6 per cent of arable land across Australia, the preservation of these productive lands and finite water systems is clearly of national significance,'' the Senate's select committee on agriculture, which has been studying food production nationwide, reported. The committee, chaired by the Liberal senator Bill Heffernan, also expressed concern about gas exploration and drilling in the Gunnedah Basin, saying it could damage aquifers connected to the Great Artesian Basin, among others. For the full text of this article, please visit: http://www.smh.com.au/national/miners-stir-up-fear-for-food-20091201-k3xy.html 15. The Northern Star : Climate Change Squeezes (30 November 2009) Planned retreat, climate change and biodiversity will be the topics of discussion at a free seminar to be held in Byron Bay on Thursday. It is being hosted by the Environmental Defender's Office Northern Rivers in response to the growing interest in threats to coastal communities from climate change. For the full text of this article, please visit: http://www.edo.org.au/edonsw/site/pdf/media/LNS_30-11-2009_011.pdf 16. The Newcastle Herald : Emission on trial in Hunter Valley power station case (3 December 2009) This article reports on the EDO's Bayswater case, a landmark case in the NSW Land and Environment Court, where climate change activists have taken on Macquarie Generation. The article reports that a judgment is expected in the next two weeks. Newcastle based Rising Tide members Peter Gray and Naomi Hodgson have challenged the legality of the amount of carbon pollution emitted by the State's largest power station at Bayswater. For the full text of this article, please visit:
Law Notices New South Wales 17. 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=2922
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=42 18. 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 Strategic assessment of Sydney's growth centres DECCW 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. http://www.environment.nsw.gov.au/threatenedspecies/strategicassessment.htm 19. 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 20. 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 Leinster Lake Maitland Uranium Project http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5220 Queensland Wongaling Beach Residential subdivision http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5228 VIC Torquay sub-basin marine seismic survey http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5223 Ballarat Eureka Stockade Gardens, Australian Democratic Centre http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5221 SA Goolwa Channel Goolwa channel water level management project http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5228
Community News 21. Position Vacant: IRN Administrative Officer Inland Rivers Network (IRN) is looking for an administrative officer to work in our new office space with National Parks Association in Newtown. Main tasks will be to maintain IRN office functions, provide office support to the High Conservation Wetlands Project Officer, and to develop and maintain a Murray Darling Basin communications strategy. IRN is looking for someone who can use email, word processing, spreadsheet and presentation programs; develop and maintain working relationships; has knowledge of water issues for rivers and wetlands; and has a capacity to interpret the written word and to write succinctly and interestingly. The position is on a contract basis for 2 to 3 days per week for 12 months with an option to extend. For more information and detailed Job Description please contact: IRN President: Anne Reeves 0407 210 608, areeves@ozemail.com.au or Dietrich Willing 80602016, Dietrich.Willing@qmail.com 22. Position vacant: Greenpeace London - Temporary Climate Campaigner Join the front-line of our work investigating and exposing environmental abuse, promoting environmentally responsible and socially just solutions and confronting those with the power to bring change. Campaign techniques span investigation and research, public, political and corporate work, use of the media, science and the law and non-violent direct action. You'll need strong campaigning experience in one or more of these areas, with the creativity and strategic skills to develop campaign thinking. Since you'll have shared responsibility for organisation and management, you'll also need proven team working skills, drive, versatility, and passion. For a job pack please email recruitment@uk.greenpeace.org or visit our website at www.greenpeace.org.uk Closing date : 5pm 11th December 2009. Interviews : 17th December 2009. 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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