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EDO NSW BULLETIN 14 January 2010: Number 642The 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. Position Vacant: EDO NSW, Scientific Officer Law and Policy Watch 7 . Policy Submissions EDO in the Media 10. Sydney Morning Herald: Tilegra Dam 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: EDO WA part time Outreach Solicitor EDO News and Events 1. 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 2. EDO case update: Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd & Minister for Mineral Resources EDO took proceedings in the Land and Environment Court challenging the exploration licence and coal authorisation granted to Coal Mines Australia Pty Ltd by the Minister for Mineral Resources. In the proceedings, Caroona Coal Action Group Inc argued that the licence was invalid on three (3) grounds. The first ground was that the licence, which was transferred from the Director-General of the Department of Mineral Resources to Coal Mines Australia Pty Ltd, was not validly renewed in the past, such that there was no valid licence in place to transfer. The second ground was that the procedure, as per the Mining Act , was not followed by the Minister when the licence was transferred to Coal Mines Australia Pty Ltd, because the Minister purported to grant a new licence, rather than transfer an existing one. Finally, the Caroona Coal Action Group Inc argued that the Minister exceeded his power when granting the licence to Coal Mines Australia Pty Ltd because it was granted for a period exceeding 5 years, the maximum term for an exploration licence allowed by the Mining Act . The Court rejected all 3 grounds. The Court found that the first ground was not established by the applicant, finding that the documentary evidence did not show that the Mining Act was not complied with when the license was renewed prior to its partial transfer to Coal Mines Australia. In relation to the second ground the Court found that the legislative requirements for a licence transfer were met. The third ground, although established, was not significant enough to render the grant of the licence void. Thanks to Bruce McClintock and Jackie Gleeson, who appeared as counsel for Caroona Coal Action Group Inc in these proceedings. For the full transcript of the judgment, please visit: 3. FREE EDO Seminar: Climate Law after Copenhagen How can global warming be kept to 2 degrees, as proposed in the Copenhagen Accord? Free public seminars with the Environmental Defender 's Office Northern Rivers.
Where: PORT MACQUARIE, Sea Acres Rainforest Centre, Pacific Dve When: 5.45 for 6 pm sharp to 8 pm, Thursday 4 February 2010
Where: BELLINGEN, Uniting Church Hall, cnr Waterfall Way + Ford St When: 5.45 for 6 pm sharp to 8 pm, Friday 5 February 2010
Where: BALLINA, Richmond Room, Regatta Ave When: 5.45 for 6 pm sharp to 8 pm, Wednesday 10 February
Where: MURWILLUMBAH, CWA Hall, 20 Queen St When: 5.45 for 6 pm sharp to 8 pm, Thursday 11 February
Light refreshments provided. No booking necessary. Presented by the EDO NSW Northern Rivers office For more information please call Mark Byrne on 66228470. Please note that the science supporting anthropogenic climate change will NOT be debated at these seminars http://www.edo.org.au/edonsw/site/pdf/seminars/100114seminars_feb10.pdf 4. EDO case update: Little Penguin population at Collins Beach The Environmental Defender's Office has secured for their client, Angelika Treichler, the opportunity to be involved in the preparation of the Fauna Management Plan for the redevelopment of the Australian Federal Police college at Collins Beach on North Head, near Manly. Ms Treichler is the Penguin Warden for the Manly Little Penguin population. The Fauna Management Plan provides for the protection of the Little Penguin population at Collins Beach during the construction phase as well as for the ongoing use of the site. Ms Treichler has recommended that construction of the new college should be pushed forward by two months to April 2010, as in Ms Treichler's experience the penguins will be in their nesting cycle until mid-March. The Australian Federal Police are currently finalising the draft plan, which will shortly be provided to the Commonwealth Minister for his approval. Ms Treichler and the EDO will also be taking part in the community forum that the Australian Federal Police have established to facilitate community involvement in the redevelopment process. 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 at: http://www.edo.org.au/edonsw/site/pdf/pubs/091112planning_discussion_paper.pdf 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. 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
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 .
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:
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 NSW Law Reform Commission is seeking preliminary comments 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 Public consultation closes 15 February 2010
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
This inquiry is a current Legislative Assembly inquiry conducted by the Natural
Resource Management (Climate Change) Committee . On 2 December
2009, the Standing Committee on Natural Resource Management (Climate
Change) resolved to inquire into issues of sustainable water management
with particular reference to climate change impacts and, in particular,
to report on the following terms of reference: Closing date for submissions is Friday 19 February 2010
The draft Bill and Regulation will be on public exhibition from 14 December 2009 to 12 February 2010 and Industry & Investment NSW welcomes submissions on the proposed amendments. For more information, please visit: http://www.dpi.nsw.gov.au/agriculture/resources/private-forestry/plantation-authorisations/review 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 following Acts are shortly due for review:
9. 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=64
http://leptracking.planning.nsw.gov.au/PublicDetails.aspx?Id=63
EDO in the Media 10. Sydney Morning Herald: Tilegra Dam (14 January 2010) The cost of building the controversial Tillegra dam could climb to $1 billion because the site has complex geological issues that have been ''ignored'' the State Government has been warned. Lawyers from the NSW Environmental Defender's Office have written to the Director-General of the Department of Planning, Sam Haddad, with geotechnical data that indicates the dam will be ''more risky and costly to build'' than its $477 million budget. To view this article in its entirety, please visit: http://www.smh.com.au/environment/tillegra-dam-costs-could-soar-to-1b-20100113-m71b.html 11. Sydney Morning Herald : Court blow to farmers fighting coal exploration (7 January 2010) The NSW Land and Environment Court has dismissed proceedings brought by farmers from Caroona, on the Liverpool Plains north-west of the Hunter Valley. The Caroona Coal Action Group said the Government had failed to follow due process when it issued BHP's exploration licence, but the court ruled against the farmers. To view this article in its entirety, please visit: http://www.smh.com.au/business/court-blow-to-farmers-fighting-coal-exploration-20100106-ludt.html 12. Sydney Morning Herald : Forests NSW accused of breaching licence 50 times (12 January 2010) The State Government is investigating a logging operation overseen by its own authority, Forests NSW, that allegedly involved the destruction of native animal habitat and more than 50 breaches of its licence conditions. An environment group, the North East Forest Alliance, took ecological consultants into the forest and documented wide-scale damage in December. The findings were handed to the Environmental Defender's Office in Lismore, which wrote to the Government urging it to prosecute. To view this article in its entirety, please visit: For related coverage, please visit: http://www.northernstar.com.au/story/2010/01/12/nsw-forests-under-attack-for-failing-to-protect-ya/ 13. ON LINE opinion : Restoring the Snowy (29 December 2009) Environmentalists working on the banks of the Snowy River say the once mighty river is regenerating after years of neglect. Flat sheets of sediment are prickling with signs of new life and the community can finally see the physical changes. But campaigners fighting to restore the river say the legislation that promises increased water flows is not legally binding. To view this article in its entirety, please visit: http://www.onlineopinion.com.au/view.asp?article=9834
Environmental 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=3147
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3077
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2643
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=3694
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3693 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. There are no new notices since the last eBulletin.
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: CTH Lot 170, Nelson Mandela Walk, West Island/Cocos Keeling Island/Proposed Community Centre http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5306 NSW Sydney Central Station to Westmead, Metro Network Stage 2 http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5307 Tweed Heads Cobaki Lakes Residential Development QLD Collinsville - Sarum Open Cut & Underground Coal Mining Operation & Associated Infrastructure http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5308 TAS Scottsdale - Headquarters Road Dam and Road Realignment http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5305 VIC Craigieburn Residential Development http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5298 Tarrone Tarrone Power Station Project http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5299 South Melton Toolern Creek Park Development http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5294 NT Bonaparte Basin Marine/Exploration Drilling in Permit Areas WA-402-P & WA-403-P http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5297
Community News 18. 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 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. • Develop educational materials on climate change and relevant capacity building themes • Work with youth to host awareness-raising events such as training, workshops and a youth climate change forum • Assist Live & Learn and local youth to build relationships with government and other NGOs and international organisations to share skills and knowledge • Assist Live & Learn to develop programs and build the organisation in Vietnam The essential minimum qualifications and experience required of the nominated candidate include:
• Understanding of climate change issues • Awareness of and sensitivity to cultural differences • Excellent communication skills, both written and verbal • Ability to work independently and within a small team 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. Your application to the EDO should include an AYAD application cover sheet, your CV in the AYAD format, a Statement against the Selection Criteria (available in the AYAD application form: http://www.ayad.com.au/forms-a-downloads/volunteers ), and contact details for three referees. Applications to be considered for nomination by the EDO are to be emailedto EDO International and must be received by Friday, 29 January 2010. Please contact Gillian Duggin, Acting International Programs Director, on (02) 9262 6989 for further information. 20. Position Vacant: AYAD Placement: Public Solicitor's Office , Solomon Islands The EDO invites applications from young Australians (aged 18-30) interested in a Communications Officer role with the Public Solicitor's Office (PSO) in Honiara , Solomon Islands , 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 volunteer will therefore work with LALSU to: • Produce legal education materials for landowners • Use other media such as radio for communicating legal information • Produce a regular newsletter or update • Prepare a website for PSO and train staff on its use • Build capacity within the Unit for production of educational materials in the future The qualifications and experience required of the nominated candidate include: Essential: • Bachelor Degree in Media/Communications • 2-3 years' experience in media/communications • Experience in community education Desirables: • Basic experience in website production • Knowledge of, or experience in, legal systems and processes generally • Knowledge of, or experience in, environmental or land-related issues • Excellent communication skills • Ability to work independently and within a small team • Ability to work in a cross-cultural environment 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: http://www.ayad.com.au 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. Your application to the EDO should include an AYAD application cover sheet, your CV in the AYAD format, a Statement against the Selection Criteria (available in the AYAD application form: http://www.ayad.com.au/forms-a-downloads/volunteers ), and contact details for three referees. Applications to be considered for nomination by the EDO are to be emailed to EDO International and must be received by Friday, 29 January 2010. Please contact Gillian Duggin, Acting International Programs Director, on (02) 9262 6989 for further information. 21. Positions Vacant: International Union for Conservation of Nature IUCN is the world's oldest and largest global environmental network. IUCN unites more than 1,000 government and NGO member organisations, and almost 11,000 volunteer scientists in more than 160 countries. IUCN's work is supported by over 1,000 professional staff in 60 offices and hundreds of partners in public, NGO and private sectors around the world. IUCN seeks to recruit self-motivated professionals for the following eight positions for the Oceania Regional Office based in Suva , Fiji :
For the German Government funded Mangrove Ecosystem for Climate Change and Livelihoods (MESCAL) project under the Pacific Mangrove Initiative:
Full terms of reference, requirements and how to apply can be found at www.iucn.org/oceania Closing date for applications is Monday, 18 January 2010 IUCN is an equal opportunity employer.
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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