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EDO NSW BULLETIN 17 December 2009: Number 639The 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: Rivers SOS Inc v Minister for Planning [2009]
NSWLEC 213 Law and Policy Watch 8. Cumberland Plains Woodlands now critically endangered EDO in the Media 14. ABC New England Northern NSW Radio: Forum to probe coal mine health risks Environmental Law Notices New South Wales 15. Major Project Proposals Invitation to Comment Environmental Law Notices Commonwealth 18. EPBC Referrals Invitation to Comment Community News 19. The EDO congratulates Stephen Keim SC EDO News and Events 1. Case update: Rivers SOS Inc v Minister for Planning [2009] NSWLEC 213 This week the Land and Environment Court upheld the decision of the Minister for Planning to approve the expansion to the Metropolitan Coal mine. The EDO acted on behalf of Rivers SOS who appealed the Minister's decision. This expansion allows for the extraction of up to 3.2 million tonnes per annum of coal over 23 years using longwall mining techniques, directly beneath the Woronora Reservoir. The Court dismissed the proceedings and rejected the Applicant's other grounds of review. The main ground, related to the Planning Assessment Commission (PAC) process. The Minister had directed the PAC to consider submissions, hold a public hearing and report on the potential subsidence impacts of the Metropolitan Coal Project on the environment. After the public hearing and submission process, the mining company submitted a sustantially different mine plan for consideration. The PAC then considered and reported to the Minister on the revised mine plan, which was ultimately approved by the Minister without further community or agency input. Chief Justice Preston held that the PAC process was not flawed, there was no obligation on the PAC to hold a further public hearing on the revised mine plan and there was no breach of natural justice. The Court's decision demonstrates the wide discretion given to the Minister to assess and approve major projects under Part 3A of the Environmental Planning and Assessment Act 1979. In assessing future applications the Minister is free to approve major projects that have been substantially modified at a very late stage in the assessment process, without providing any further opportunity for community input and agency involvement. For more information and the judgement of this case: 2. Position Vacant: EDO NSW, Scientific Officer Tom Holden, who headed EDO's Scientific Advisory Service, has recently moved interstate. This has created a new vacancy for the position of Scientific Officer in our Sydney office. The Scientific Officer will provide objective scientific and technical advice to the community on public interest environmental issues and administer the EDO's Scientific Advisory Service. The Officer will also contribute actively to policy and community legal education work within the EDO. The job involves facilitating and enhancing community involvement in environmental decision making and we are therefore seeking someone who sees value in public participation in this process, and has an interest in EIA. The role does not involve campaigning or lobbying. Essential criteria
Desirable criteria
Salary $50,000-$63,000 (plus super), depending on experience. See http://www.edo.org.au/edonsw/site/jobs.php for a full position description. Applications for this position should contain a CV with a covering letter that clearly addresses each of the selection criteria. Enquiries should be directed to Tanya Wansbrough, Scientific Director (Phone 02 9262 6989), after 6 January 2010. Closing date: Wednesday 10 February 2010, 5pm The EDO is attending the United Nations talks on climate change in Copenhagen. Amelia Thorpe and Robert Ghanem are representing the International Program and Policy teams respectively and have been monitoring the progress of the forum for the purpose of advising Australian NGOs in Copenhagen on legal issues and more broadly, assessing potential implications of the summit for the development of climate law in Australia. 4. Position Vacant: EDO WA part time Outreach Solicitor We are looking for someone with a passion for the environment who is also an excellent lawyer and communicator to fill the position of Outreach solicitor. Job responsibilities, include to:
For details of the selection criteria and for information about how to submit an application, please visit: http://www.edowa.org.au/_doc/edowa_outreach-solicitor_PD_SC_091210.pdf Applications close 15 January 2010 . 5. 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. The EDO has published Issue 4 of the Climate Bulletin. This bimonthly publication covers all aspects of climate law and policy in Australia and internationally. If you would like to subscribe to the Bulletin, please send an email to with the heading Climate Bulletin Subscribe'. 7. 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 8. Cumberland Plains Woodlands now critically endangered The Cumberland Plain Woodlands are now listed as critically endangered on both NSW and Commonwealth threatened species laws. Cumberland Plain Woodlands are endemic to the Sydney Basin, and it is estimated that there is only 10,612 hectares or 6% left, about 1,300 hectares of which is earmarked for development in proposed growth centres in north-west and south-west Sydney. The woodlands are the only places within an hour of Sydney where wild populations of emus and kangaroos can be seen grazing in a natural area. Humane Society International first achieved protection for Cumberland Plain Woodlands under both state and federal legislation at the beginning of the decade, and they were the first ever listings for ecological communities. It is hoped the upgraded listings will be a wakeup call for both state and federal Governments to ensure no further clearing of Cumberland Plain Woodland occurs. 9. Climate change protesters active in Sydney this week The EDO assisted environmental activists earlier this week who were arrested near the foyer of Governor Phillip Tower. The protesters were trying to join a group of about 40 people singing carols inside the foyer in protest at investment bank Merrill Lynch's involvement in the global climate conference now under way in Copenhagen. Five other protesters were charged with trespass after they hung a banner on one of the sails of the Sydney Opera House with the message: "Stop the politics, climate treaty now". For related articles, please visit: http://www.smh.com.au/national/opera-house-targeted-for-climate-protest-20091215-kssl.html http://www.abc.net.au/news/stories/2009/12/15/2771893.htm?section=justin The Brumby Government has shelved its controversial plans to allow the mining and export of Victorian brown coal to India, amid fears of a voter backlash. Three months after plans to allow Melbourne-based Exergen to launch a $1.5 billion coal export scheme were revealed, Energy Minister Peter Batchelor has now ruled it out. To read this article in its entierety, please visit: http://www.theage.com.au/national/brumby-cans-coal-projects-20091209-kk21.html
To view the EDO's submission in its entirety, please visit: http://www.edo.org.au/edonsw/site/pdf/subs09/091130coastal_planning_guideline.pdf
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:
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
http://leptracking.planning.nsw.gov.au/PublicDetails.aspx?Id=54
http://leptracking.planning.nsw.gov.au/PublicDetails.aspx?Id=61
http://leptracking.planning.nsw.gov.au/PublicDetails.aspx?Id=59
http://leptracking.planning.nsw.gov.au/PublicDetails.aspx?Id=62
EDO in the Media 14. ABC New England Northern NSW Radio: Forum to probe coal mine health risks (11 December 2009) Acting Principal Solicitor of the EDO, Felicity Millner, spoke to ABC Radio in relation to a seminar entitled The Health Impacts of Coal hosted by the EDO last Friday. "The NSW legislation, in the way that it assesses and approves coal mines, particularly at the moment under Part 3A of the Environmental Planning and Assessment Act, doesn't really have a systematic mechanism for assessing a lot of impacts of coal mines including the health impacts," she said. "It also doesn't have a comprehensive system in place for processing the cumulative impact, whether that will have an acceptable health impact on the local community." For more information, please visit: http://www.abc.net.au/news/stories/2009/12/11/2769127.htm?site=newengland To read a related article, please visit:
Law Notices New South Wales 15. 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=3528
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3284 16. 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. 17. 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. There are no new notices since the last eBulletin.
Environmental Law Notices Commonwealth 18. 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: Queensland Townsville Commercial development http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5245 VIC Laverton Modifications to Laverton Wetland inflow & outflow structures http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5249 Caroline Springs Gourlay Road Duplication between Becca Way and Hume Drive http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5247 Dinner Plain residential development http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5248 Werribee - The Development of Werribee River Regional Park http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5246 Red Road crossing over Wannon River Red Road bridge replacement http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5244 NSW Greta Construction of Train Support Facility and Associated Infrastructure http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5243
Community News 19. The EDO congratulates Stephen Keim SC The EDO wishes to congratulate Stephen Keim SC for winning this year's prestigious Human Rights Medal earlier this week. The Medal, awarded by the Australian Human Rights Commission, is presented to an individual who has made an outstanding contribution to the advancement of human rights in Australia. Commission President, Cathy Branson QC said Stephen had been active in a number of cases throughout his life aimed at furthering the human rights of prisoners, refugees, people with disabilities and people experiencing discrimination - work he often undertook on a pro-bono basis. "Stephen's efforts throughout his life have been both bold and brave, with one high profile instance being his assiduous efforts undertaken at personal cost in 2007 when he represented Dr Haneef," Ms Branson said. "Stephen had showed real courage in how he handled himself during the ensuing controversy and his advocacy led to the release and eventual clearance of Dr Haneef." 20. 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
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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