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EDO NSW BULLETIN - 1 April 2010: Number 653The 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. ANEDO Conference and dinner Law and Policy Watch 13. Policy Submissions EDO in the Media 16. Rail Express.com.au: Urban rail and the sustainability
challenge Environmental Law Notices - New South Wales 20. Major Project Proposals - Invitation to Comment Environmental Law Notices - Commonwealth 23. EPBC Referrals - Invitation to Comment Community News 24. AYAD Intake 29: Volunteer assignments in the Pacific EDO News and Events 1. ANEDO Conference and dinner This two-day conference will focus on developments in public interest environmental law, and the challenges and opportunities ahead. Topics to be covered include:
Keynote Speaker, Professor Ian Lowe AO, President, Australian Conservation Foundation
Keynote Speaker, Dr Nick Wood, Associate Director of Sustainability, KPMG Australia
Keynote Speaker, The Hon Duncan Kerr SC, MP You are also invited to help celebrate the EDO's 25th Anniversary by attending a special celebratory dinner. The dinner will be held at Doltone House, Darling Island Wharf. This venue boasts spectacular harbour views and is part of the first 6-Star Green Building in NSW. Our guest of honour will be The Hon Chief Justice Robert French, Chief Justice of the High Court of Australia. Date: Friday 28 May 2010 For more information, and to register for the dinner or the conference (or both), please visit: http://www.edo.org.au/conference.php 2. Case Update: Newcastle & Hunter Valley Speleological Society Inc v Upper Hunter Shire Council and Stoneco Pty Limited [2010] NSWLEC 48 The EDO acted for the Newcastle and Hunter Valley Speleological Society Inc (NHVSS) in its appeal against a decision of the Council to approve a Limestone quarry on the Western Side of the Hunter Valley. The major issues on appeal were the impacts of the quarry on an endangered ecological community (EEC); the impacts on caves and cave dwelling fauna; and other broader issues and concerns of the resident objectors (like road, dust and traffic concerns). The Court found that that the proposal was not likely to significantly affect the EEC, because there were sufficient measures in place to protect against any adverse impact. The Court held that if appropriate conditions can be drafted to address the matters raised, the proposal is appropriate to be approved. The Court made further directions and a timetable for any evidence and submission on the pre-blasting assessment protocol and amended conditions. For further details, please visit: http://www.edo.org.au/edonsw/site/casework_key.php#newcastle 3. EDO attends Convention on Biological Diversity in Cali, Colombia Aboriginal Solicitor for the EDO, Neva Collings, recently attended the ninth meeting of the Access and Benefit Sharing (ABS) Working Group (ABS 9) of the Convention on Biological Diversity (CBD) in Cali, Colombia. She participated in the International Indigenous Forum on Biodiversity, and was nominated to negotiate on behalf of Indigenous peoples of the Australia/Pacific region. ABS 9 continued negotiations on an international regime on access and benefit sharing of genetic resources, and focussed on the consolidation of operational texts developed at the seventh and eighth meetings of the Working Group. With regard to the main components of the regime, including traditional knowledge, the meeting negotiators proceeded with a view to achieving consensus. However negotiations faltered with a walk-out by the Asia Pacific Like Minded Group. In accordance with Decision IX/12 of the Conference of the Parties (COP) to the CBD, the Working Group is instructed to finalise the international regime and to submit for consideration and adoption by COP 10 at Nagoya in October 2010 an instrument/instruments to effectively implement the provisions in Article 15 and 8(j) of the Convention and its three objectives. ABS 9 is the last meeting of the Working Group before CBD COP 10, to be held from 18-29 October 2010, in Nagoya, Japan. However as a result of the difficult negotiations at ABS WG 9, a further 7 days of negotiations will be scheduled in June 2010 to enable a draft protocol to be submitted to COP 10. Daily reports of the meeting can be read on: http://www.iisd.ca/biodiv/abs9/ 4. FREE EDO Workshop - Rural Landholder's Guide to Environmental Law in NSW - Orange The EDO will soon be presenting a FREE environmental law workshop for NSW landholders. The workshop will provide an overview of some of the key laws relevant to rural landholders, including native vegetation and mining, agricultural chemicals, pests and weeds, and generating income from private conservation. Date : Friday 16 April 2010 Lunch and light refreshments will be provided . For more information or to RSVP, please contact the EDO on (02) 9262 6989. This workshop has been assisted by the NSW Government through its Environmental Trust. http://www.edo.org.au/edonsw/site/pdf/flyer/100311orange_workshop.pdf 5. FREE EDO Seminar Series - Making Sydney Sustainable - Food This seminar contemplates increasing urbanisation and how it is going to impact upon market gardens and the production of food in Sydney . Can Sydney 's traditional produce providers survive urbanisation? How can we guarantee Sydney 's food supply remains sustainable? Our panellists are:
Date: Friday 9 April 2010 Time: 12:30pm - 2:00pm Venue: DLA Phillips Fox, Level 38, 201 Elizabeth St, Sydney Light refreshments will be provided For more information or to RSVP call (02) 9262 6989. http://www.edo.org.au/edonsw/site/seminar.php 6. FREE EDO Seminar: Port Macquarie-Hastings Draft LEP The draft Port Macquarie-Hastings Local Environmental Plan is on public exhibition until Monday 19 April. In response to requests from the local community, the EDO Northern Rivers office is holding a public seminar to discuss how the draft Plan might affect areas of high biodiversity, other environmental and planning issues, and how the community can make effective submissions. Where: Sea Acres Rainforest Centre, Pacific Drive, Port Macquarie When: 5.45pm for 6 pm sharp to 8 pm, Monday 12 April Light refreshments provided. No booking necessary. Presented by the EDO NSW Northern Rivers office For more information please call Mark Byrne on 6621 1113. 7. FREE EDO Workshop: Understanding Native Vegetation Law and How it Affects You This interactive workshop will help rural landholders to understand and use the Native Vegetation Act and related conservation and clearing controls. Topics will include:
Where : Nambucca Entertainment Centre, Ridge St
Nambucca Heads Presented by the EDO Northern Rivers office and Nambucca Valley Landcare. Come along and bring your questions. Lunch provided. Registration necessary - please call Nambucca Valley Landcare on 6564 7838 8. Position Vacant: Acting Scientific Director - EDO NSW The EDO is 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. This is a maternity leave position, commencing in early June 2010. It is expected to be for 14 months. Salary range : $69,000 to $75,000, plus superannuation. For further information on the position, please see our website at http://www.edo.org.au/edonsw/site/jobs.php Applications close : 5pm Monday 12 April 2010. 9. New EDO Publication - the Major Projects Toolkit The Major Projects Toolkit is a publication designed to assist local residents and community groups to engage in the process for assessing and approving major projects under Part 3A of the Environmental Planning and Assessment Act 1979. The toolkit comprises a step by step guide to the Part 3A process with information on opportunities for public participation and ideas for how to achieve best practice outcomes. The EDO wishes to acknowledge and thank the City of Sydney for funding this project. The publication is available in hard copy free of charge to all City of Sydney residents. Please call the EDO to request a copy on 02 9262 6989. If you are not a City of Sydney resident you can access the publication online at: http://www.edo.org.au/edonsw/site/pdf/pubs/100217major_projects_tk.pdf 10. New EDO Publications Survey What do you think of our EDO publications? Please evaluate the following publications online by clicking this online evaluation Evaluations help us to report to our funders. We would appreciate you taking the time to tell us what you think. 11. 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. 12. FREE copies of the new edition of the Rural Landholder's Guide to Environmental Law in NSW 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. 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. This project has been assisted by the NSW Government through its Environmental Trust.
Law and Policy Watch
The State Environmental Planning Policy (Infrastructure) 2007 was gazetted in December 2007, and commenced on 1 January, 2008, to assist in the efficient delivery of new infrastructure. It has specific planning provisions for 25 different types of infrastructure, covering areas such as roads, schools, education, hospitals, railways, emergency services, water supply and electricity generation. The Department of Planning has prepared a discussion paper to assist in a review of the SEPP, following earlier consultation with councils and State agencies. Suggested changes to SEPP clauses are marked in blue. All submissions must be received by Monday 12 April 2010.
In December 2005, the NSW Government released its Metropolitan Strategy
for Sydney to 2031, entitled City
of Cities: A Plan for Sydney's Future . See: http://www.metrostrategy.nsw.gov.au/
The review is to examine and report by July 2010 on: (a) The effectiveness of NSW Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009 in facilitating the implementation of the Nation Building Economic Stimulus Plan in NSW (b) The exercise by the Coordinator General of the functions conferred by the Act in accordance with section 30 of the Act; (c) The legal and economic benefits and consequences of applying the principles of this legislation, and the manner in which it has been implemented, to other significant projects or classes of projects in NSW; (d) Options and mechanisms for applying the principles should they be applied to such projects or classes of projects in NSW. http://www.nsw.gov.au/sites/default/files/uploads/u10/NBJP%20review%20-%20Terms%20of%20Reference.pdf Documents available: Review of the Infrastructure SEPP discussion paper
http://www.edo.org.au/edonsw/site/pdf/subs10/100315water_management.pdf
http://www.edo.org.au/policy/100331nat_veg_framework.pdf
http://www.edo.org.au/policy/100310final.pdf 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:
15. 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 16. Rail Express.com.au : Urban rail and the sustainability challenge The application of sustainability to urban rail projects is a major challenge for the rail industry, according to senior sustainability consultant at Manidis, Roberts Jane Scanlon. A sustainable urban rail project connects with and complements urban form in order to create more "liveable communities". Liveable communities are places with high social and environmental quality, where people have access to transport, health services, employment and recreation. The concept of a liveable community is closely linked to a sustainable community, which Kirsty Ruddock, Principal Solicitor at the NSW Environmental Defenders Office, believes urban rail projects have the potential to help transition communities toward. To read this article in its entirety, please visit: 17. The Macleay Argus: Minister chose money not Koala (30 March 2010) Minister Tony Kelly has chosen to open up the Goolawah Estate Sections 3-5 (Stage 2) for subdivision, despite the decision by the local Department of Lands at Taree to ask Kempsey Shire Council to rezone that area for Environmental Conservation. The Environmental Defenders Office, on behalf of the North Coast Environment Council, recently launched a Freedom of Information Application on all the Departments of Lands and Planning correspondence involved in this case, along with the Minister's office and the Kempsey Shire Council. To read this article in its entirety, please visit: 18. Green Left Online: Save the Williams River (27 March 2010) On March 20, 120 protesters gathered at Foreshore Park in Newcastle to protest against the proposed Tillegra dam. Newcastle Wilderness Society (TWS) community campaigner Justin McKee told Green Left Weekly Hunter Water Corporation said the dam would cost $477 million, but "the Environmental Defenders Office recently warned that, due to geological instability in the inundation area, costs could blow out to as much as $1 billion". To read this article in its entirety, please visit: http://www.greenleft.org.au/2010/832/42810 19. Sydney Morning Herald: Avoca residents protest HMAS Adelaide scuttling (30 March 2010) A Judge has criticised the Keneally Government for its haste in trying to scuttle a decommissioned warship off the Central Coast, without waiting for proper permits or allowing enough time for appeals against the plan. The EDO is acting for the No Ship Action Group Inc. To read this article in its entirety, please visit: http://www.smh.com.au/nsw/judge-fires-broadside-at-rush-to-sink-warship-20100329-r8en.html
Environmental Law Notices - New South Wales 20. 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=2150
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2917 21. 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. 22. 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 23. 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: WA Broome - Seismic Survey http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5420 Dampier - Dampier Highway upgrade http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5419 Carnarvon - Seismic Survey http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5415 Ludlow - Harvesting of Pine Radiata plantation http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5414 QLD Middlemount - Foxleigh Coal Mine Extension http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5421 Surat - Wilkie Creek Coal Mine http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5418 Darling Downs Power Station 2 http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5417 Moura - Gas fired power station http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5416 SA Yellabinna Regional Reserve - Exploration drilling http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5422
Community News 24. AYAD Intake 29: Volunteer assignments in the Pacific The EDO invites applications from young Australians (aged 18-30) interested in a placement as an Australian Youth Ambassador for Development (AYAD) for twelve months from October 2010. The 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. More information about the AYAD program can be found here: www. ayad .com.au Applicants should be aware that all AYAD placements proposed by the EDO are subject to final approval by AYAD. The EDO has worked with host organisations in the Pacific to develop these proposals, and is now conducting a preliminary recruitment process to select candidates for the following assignments:
The EDO is also working with partner organisations in Fiji and the Solomon Islands on Environmental Impact Assessment assignments. Candidates applying for the Kiribati position should indicate if they would also like to be considered for those assignments if they are developed for Intake 29. If approved, these assignments will run from October 2010 to September 2011. Details about the positions and selection criteria are available here: www.edo.org.au/edonsw/site/jobs.php The EDO will select a candidate for nomination by 30 April 2010. The nominated candidate will then need to submit a full application to the AYAD Program by 28 May 2010, as outlined on the AYAD website: www.ayad.com.au/volunteer-with-us/applying-to-ayad/how-do-i-apply For more information, please contact Amelia Thorpe, EDO International Programs Director on (02) 9262 6989. 25. Positions Vacant: Climate Change Team at World Vision The following positions in the climate change team at World Vision Australia are presently being advertised:
http://worldvision.com.au/AboutUs/JobsatWorldVision.aspx GAIA is hiring for three new positions:
http://www.no-burn.org/section.php?id=113 27. Position Vacant: AYCC - Online Communications Director This is a key senior position within The Australian Youth Climate Coalition, responsible for developing and implementing the online strategy, and managing member- and public-facing email and new media communication. AYCC are looking for a sharp Online Communication Director to use the power of online organising to launch innovative online campaigns, recruit new online activists, help frame the public narrative and mobilise our membership. As the Online Communications Director, you'll be responsible for day-to-day management and strategy for email and social media campaigns, from designing and writing email campaigns to updating our website. Salary: $36,400 per annum including superannuation Applications are due 5pm Wednesday 14 April, 2010 Download full position description for Online Communications Director HERE 28. Want to live, work and make a difference overseas? Come along to the Australian Youth Ambassadors for Development Information Session and find out how you can get that much-needed overseas experience. AusAID's Australian Youth Ambassadors for Development Program supports skilled young Australian's (18-30) who want to live, work and make a difference in Asia, the Pacific and Africa. Information sessions will be held in all capital cities between 12 and 28 April. Register your interest at http://www.ayad.com.au/info-sessions or freecall 1800 225 592. 29. Ridgeline to River: A Discovery Tour of the Parramatta River Ridgeline to River: A Discovery Tour of the Parramatta River is an environmental education experience hosted by the Earth Foundation Australia Ltd, a not-for-profit environmental educational foundation. The Parramatta River Catchment Group is a partner in this event. Tour Details
For further information contact Kate Hughes. katehughes@bordernet.com.au 30. Launch invite: Screw Light Bulbs. Smarter Solutions to Climate Change UWA Publishing invites you to attend the launch of Award-winning UNSW scientist Dr Donna Green and Age journalist Liz Minchin's Screw Light Bulbs Smarter ways to save Australians time and money. Where: Gleebooks,
49 Glebe Point Road, Glebe It's a free event but please call Gleebooks to let them know you are coming for catering purposes. There will be wine and nibbles at 6pm with the launch at 6.30pm. 31. Australia 's Second Conference on Wild Law and Earth Jurisprudence -Keeping the Fire: Ecologies, Ontologies and Myth-Making Following the success of Australia's inaugural Wild Law Conference in October last year, Earth Laws, in conjunction with the Legal Intersection Research Centre and the Faculty of Law at the University of Wollongong, the School of Law and Justice at Southern Cross University, and the Sandon Point Aboriginal Tent Embassy, is organising a second Wild Law Conference to be held in Wollongong on the 24th and 25th of July 2010. Proposed sessions will explore Indigenous and environmental activism, myth-making and wild law, making wild law out of existing law, wild law and cross-cultural learning, and teaching wild law (or teaching law wildly). The conference will be connected to place through the Sandon Point experience. The organisers are currently calling for papers. For more information, visit www.keepingthefire.org Make 2010 count for you and the planet!! Get committed to being in great shape this year by registering a team
in the WildEndurance 100km team challenge. Start training now and get together
a team of 6 for the 50km relay or a team of 4 for the 100km. You'll be
raising funds for The Wilderness Society to protect our forests and fight
climate change! The event is held in the stunning Blue Mountains over
the 1st & 2nd of May.
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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