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EDO NSW BULLETIN 23 December 2009: Number 640The 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 wishes you a merry Christmas Law and Policy Watch 7. Copenhagen Accord EDO in the Media 13. Brisbane Times: Court backs coalmining under
dam 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. Position Vacant: AYAD Placement: Live and Learn for Environment and Community, Hanoi , Vietnam EDO News and Events 1. EDO wishes you a merry Christmas The EDO would like to thank you for your interest and support throughout 2009 and wish you and your family a merry Christmas, happy holidays and a happy New Year. 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 3. 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. 4. 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. http://www.edo.org.au/edonsw/site/climate_law_bulletin.php 6. 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 EDO is disappointed with the lack of clear legally binding targets in the Copenhagen Accord but will continue to analyse the development of climate law in Australia and advise on amendments needed to establish an effective legal and regulatory framework to tackle climate change. Despite the limitations on international action as illustrated by the Copenhagen summit, there are a range of measures that can be taken domestically to create robust legislation, for example, legislating to establish domestic targets, implement the polluter pays principle, and promote renewable energy and energy efficiency. Discussion of such initiatives can be found at: http://www.edo.org.au/edonsw/site/pdf/pubs/model_climate_law_project080417.pdf To view the Copenhagen Accord itself, please visit: http://www.edo.org.au/edonsw/site/pdf/misc/092212copenhagen_accord.pdf 8. Hawke Report recommends changes to national environment law Earlier this week the Environment Minister Peter Garrett announced the release of an independent review of the Environment Protection and Biodiversity Conservation Act 1999 . Mr Garrett commissioned Dr Allan Hawke and a panel of experts to conduct a review of the Act (which is required every 10 years). The Australian Network of Environmental Defenders Offices Inc has made extensive contributions to this review process. Our detailed submissions are available at: http://www.edo.org.au/policy/policy.html . We have consistently recommended a range of amendments to improve the Act, and therefore welcome the Hawke Report recommendations relating to an improved national approach, new matters of national environmental significance triggers (including a greenhouse trigger), improvements to transparency public participation in decision-making, and greater access to the courts for public interest litigation (for example, by expanding merits review and judicial review standing, and providing for public costs orders). The Hawke report makes 71 primary recommendations as well as numerous conclusions and findings of an advisory nature, a full list of the Review recommendations can be found at: http://www.environment.gov.au/epbc/review/publications/pubs/final-report-part-1-recommendations.pdf 9. NSW Planning Framework Report The NSW Standing Committee on State Development has finalised its report on the NSW Planning Framework. It recommends a comprehensive review of the system taking 3-5 years, but that this may not mean fundamental changes. The report recommends that an independent expert and representative group be established to undertake the fundamental review. This group should make recommendations for legislative, strategic planning and system changes in order to develop a planning system that achieves the best mix of social, economic and environmental outcomes for the State. The findings of this review group must be subject to broad community review and input. A fundamental review does not of itself mean that fundamental change will be required. Some of the initiatives of the 2008 planning reforms are still to be implemented. During the course of the Inquiry there was evidence of planning system improvements as a result of continuing government initiatives. The impact of the 2008 planning reforms will need to be carefully monitored and assessed as part of any broader review. To read the report, please visit: http://www.parliament.nsw.gov.au/Prod/parlment/committee.nsf/0/fa717391372db3baca25768d0005cff6/$FILE/091210%20Final%20Report.pdf
To view the EDO 's submission in its entirety, please visit: http://www.edo.org.au/edonsw/site/pdf/subs09/091130coastal_planning_guideline.pdf
To view the EDO 's submission in its entirety, please visit: http://www.edo.org.au/edonsw/site/pdf/subs09/091217residential_tenancies_act.pdf .
In recognition that the Renewable Energy Target (RET) scheme will increase costs to firms that carry on EITE activities, the RET legislation includes provisions to provide partial exemptions from RET liability in respect of acquisitions of electricity used in carrying on emissions-intensive trade-exposed (EITE) activities. The Government has released for public consultation draft regulations, with accompanying commentary, to deliver partial exemptions from liability under the RET in relation to all activities that would qualify for assistance under the CPRS EITE assistance program. The Government is committed to taking into account stakeholder feedback on the detail of draft regulations before it finalises the regulations. The Government is seeking to ensure that the regulations that are made are robust, practical and clear expressions of government policy. All persons wishing to comment on the draft regulations are invited to make written comments to the Department of Climate Change. All submissions are due before close of business on Monday 11 January 2010 . For further information, please visit: http://www.climatechange.gov.au/submissions/ret-eite.aspx
Updated draft regulations for the EITE program under the Carbon Pollution Reduction Scheme (CPRS) have been released with accompanying commentary and an explanatory paper . Feedback is sought from stakeholders on the draft regulations by Thursday 28 January 2010 . For further information, please visit: http://www.climatechange.gov.au/en/submissions/cprs-draft-regulations.aspx
As part of negotiations on the Carbon Pollution Reduction Scheme, the Commonwealth Government agreed that the current Council of Australian Governments (COAG) process to review specific Renewable Energy Target (RET) issues will also consider whether new waste coal mine gas projects should be eligible under the RET; and whether annual targets under the RET should be increased to offset additional Renewable Energy Certificates (RECs) not backed by generation as part of the Solar Credits' mechanism. To inform this process, the Department of Climate Change has released two issues papers for public consultation: *Discussion Paper 4 the treatment of new waste coal mine gas power generation in the RET *Discussion Paper 5 the treatment of Solar Credits' Renewable Energy Certificates under the RET. COAG will consider these issues together with its previously announced review of specific RET issues. Submissions from interested stakeholders are sought by 28 January 2010. For further information, please visit: http://www.climatechange.gov.au/media/whats-new/ret-solar-credits.aspx
The NSW Office of Water invites your comments as part of the review and public consultation for the proposed variation to the Snowy Hydro Water Licence. Snowy Hydro Limited was issued a licence under the Snowy Hydro Corporatisation Act 1997 (NSW) on 30 May 2002, for a period of 75 years. This licence is subject to regular reviews. For further information, please visit: http://www.water.nsw.gov.au/Water-Licensing/Corporate-licences/Snowy-Hydro/default.aspx#comment The closing date for submissions has been extended until 29 January 2010.
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.
The NSW Law Reform Commission is seeking preliminary comments by the end of January on the law and practice relating to security for costs and associated orders. The terms of reference are available at: http://www.lawlink.nsw.gov.au/lawlink/lrc/ll_lrc.nsf/pages/LRC_cref126
The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) is looking at the regulation of industrial nanomaterials. NICNAS is seeking public comment on ways to address uncertainties in potential risks posed by nanomaterials to health, safety and the environment. http://www.nicnas.gov.au/Current_Issues/Nanotechnology/Stakeholder_Consultation.asp Public consultation closes 12 February 2010 Legislation in NSW is usually reviewed after five years. There are no new notices since the last eBulletin. 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
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 13. Sydney Morning Herald: Court backs coalmining under dam (19 December 2009) The EDO acted on behalf of Rivers SOS in the Land and Environment Court (LEC) last week and argued unsuccessfully that the minister had breached the law by approving a mine plan radically different to that assessed by the Planning Assessment Commission. "The court's decision demonstrates the wide discretion given to the minister to assess and approve major project applications," said EDO solicitor Natasha Hammond-Deakin. To read the article in its entirety, please visit: http://www.smh.com.au/national/court-backs-coalmining-under-dam-20091218-l5px.html 14. ABC South East NSW Radio: More time for Snowy Water submissions (18 December 2009) The EDO has assisted the Snowy River Alliance achieve an extension for the public to comment on proposed variations to the Snowy Water Licence review. The high country environmental group, Snowy River Alliance, asked for the change saying the original six-week timeframe made it impossible to respond. The public now has until 29 January 2010 to make submissions. For more information, please visit: http://www.abc.net.au/news/stories/2009/12/18/2775661.htm?site=southeastnsw
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=3469
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3355
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2500
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=1255 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. The following proposals have been listed within the last 7 days:
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: ACT Canberra - East Lake Electrical Infrastructure Relocation and Upgrade http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5253 WA Yulleroo to Port Hedland buried gas pipeline http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5257 VIC Altona North Commercial development http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5255 Gippsland Basin - Seismic Acquisition Survey Program http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5251 NSW Boggabri extension to existing operations at Boggabri coal mine http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5256 Lithgow Environmental Monitoring Activities at the existing Springvale Colliery http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5258 Gulgong - continued mining operations and construction of associated infrastructure at Ulan Coal Mine http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5252
Community News 19. Position Vacant: AYAD Placement: Live and Learn for Environment and Community, Hanoi , Vietnam The EDO invites applications from young Australians (aged 18-30) interested
in a Climate Change Education Officer role with Live and Learn, in Hanoi
, Vietnam , to be nominated as an Australian Youth Ambassador for Development.
The Australian Youth Ambassadors for Development (AYAD) Program aims to
strengthen mutual understanding between Australia and the countries of
the Asia-Pacific region and make a positive contribution to development.
The Program achieves these aims by placing skilled young Australians on
short-term assignments in developing countries in the Asia Pacific region.
AYAD volunteers work with local counterparts in host organisations to achieve
sustainable development outcomes through capacity building, skills transfer
and institutional strengthening. The AYAD Program is fully funded by the
Australian Government's overseas aid agency, AusAID.
The essential minimum qualifications and experience required of the nominated candidate include:
If approved, the position will be for twelve months, to commence in July 2010. Applicants should be aware that the EDO is only responsible for the selection of a candidate to nominate. The nominated candidate will then need to submit a full application to the AYAD Program, as outlined on the AYAD website: All AYAD placements proposed by the EDO are subject to final approval by AYAD, which will not be confirmed until after a suitable candidate has been nominated. 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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