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EDO NSW BULLETIN 10 December 2009: Number 638The 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. Case update: Gwandalan Summerland Point Action Group
Inc v Minister for Planning Law and Policy Watch 4. Myers v South Gippsland SC - Planning Law and Climate
Change in Victoria EDO in the Media 8. The Northern Rivers Echo: Methane Deposit in
Casino Environmental Law Notices New South Wales 10. Major Project Proposals Invitation to Comment Environmental Law Notices Commonwealth 13. EPBC Referrals Invitation to Comment Community News 14. Campaign to save the Red Gums EDO News and Events 1. Case update: Gwandalan Summerland Point Action Group Inc v Minister for Planning Peter Garrett, the Federal Minister for the Environment, Heritage and The Arts (through) his delegate has revoked the EPBC approval for the Huntlee New Town site (to accommodate approximately 20,000 people). The EDO wrote to Mr Garrett and invited him to revoke the approval using his power under section 145 of the Environment Protection and Biodiversity Conservation Act 1999 ( EPBC Act). On 1 December 2009, a delegate confirmed that the approval had been revoked on the basis of the availability of new information (namely the failure of Huntlee Holdings Pty Ltd to transfer for conservation the 5791 ha of offset lands, which includes 17ha for Persoonia Park - also a condition of the NSW Part 3A approval which has now been declared invalid). The delegate said that the Huntlee New Town would have a significant impact on Persoonia pauciflora and other threatened species and would not have been approved without the transfer of the offsets lands. The Sweetwater Action Group has now discontinued the Federal Court proceedings in which they were challenging the validity of the EPBC Approval. For a more detailed summary of the Huntlee New Town litigation, please visit: http://www.edo.org.au/edonsw/site/casework_key.php#sweetwater 2. 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 TEC. 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. 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.
Law and Policy Watch 4. Myers v South Gippsland SC - Planning Law and Climate Change in Victoria This case involved an application to subdivide a lot into two. The Victorian Civil and Administrative Tribunal (VCAT) issued an interim decision requiring that a coastal hazard vulnerability assessment be undertaken prior to a decision being made. This decision follows on from a submission made as a result of that assessment. The case is of particular interest as it deals with balancing the vulnerability of the land to sea level rise with expectations about an individual development that would otherwise be consistent with the applicable zoning and other planning controls. To view a summary of this case, please visit: http://www.envirolaw.org.au/sources/cases/vcat_2009_1022
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. 7. 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 8. The Northern Rivers Echo: Methane Deposit in Casino (10 December 2009) The EDO Northern Rivers is providing legal advice to the Tenterfield community on the TransGrid proposal. Metgasco may have found the biggest deposit of methane gas in NSW in over a century. The company announced last week that their Kingfisher site, southeast of Casino, would yield the first commercial quantity of gas in the Northern Rivers region. But electricity network operator TransGrid said they are pushing ahead with the line upgrade. To view the full transcript of this article, please visit: http://www.echonews.com.au/story/2009/12/10/methane-deposit-in-casino/ 9. ABC News : Powerline plan could endanger wildlife (5 December 2009) A proposal to run a high-voltage power line from Lismore to Tenterfield in the north west of New South Wales is opposed by residents, as it could threaten a nature corridor for migrating animals. The EDO is representing To view this media clip, please visit: http://www.abc.net.au/news/video/2009/12/05/2763030.htm
Law Notices New South Wales 10. 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=3661
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3272
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2300
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3652 11. 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. 12. 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 13. 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 Capel Widening of Ludlow North Road Between Peppermint Grove Road and Mallokup Road http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5242 Koolan Island - Tidal Power Generation Turbine http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5235 Territory of Ashmore and Cartier Islands - Marine Seismic Surveys http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5230 Queensland Blackwater Washpool coal mine http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5240 VIC Winchelsea Princes Highway West duplication http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5239 Tas Bass Straight marine seismic survey http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5241 NSW Nowra North Nowra Link Road http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5238 Katoomba residential subdivision http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5234
Community News 14. Campaign to save the Red Gums The National Parks Association is coordinating a community campaign to support the protection of the State's Red Gum forests. The NSW Government will soon be making a decision about the extent to which it will honour the announcement of the former Premier Nathan Rees of a new National Park near Denilliquin to protect Red Gums from further logging. You can show your support for the National Park and the protection of River Red Gums by visiting the NPA website and taking action. http://www.npansw.org.au/web/conservation/western/redgum/elobbyNSW.htm 15. 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 16. 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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