EDO NSW BULLETIN - 20 May 2010: Number 660
The 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: One week to go!
2. EDO Office Hours Next Week
3. FREE
EDO Seminar Series - Making Sydney Sustainable - Transport
4. FREE EDO Workshop - A Guide to Environmental Law for
Coastal Communities in NSW: The Entrance, Nowra, Merimbula
5.
FREE EDO Workshop - Environmental Law for Rural Landholders
- Dubbo
6. FREE copies of the new publication A Guide to Private
Conservation in NSW
7. FREE copies of the Rural Landholder's Guide to Environmental
Law in NSW
Law and Policy Watch
8. ABC News: Change of Plan: red gums get protection
this year
9. Sue Morris appointed as a Commissioner of the Land and
Environment Court
10. Case Update: King & Anor
v Minister for Planning; Parkesbourne-Mummel Landscape Guardians Inc
v Minister for Planning; Gullen Range Wind Farm Pty Limited v Minister
for Planning
11. Policy Submissions
12. New or current legislation introduced to parliament
13. Legislative Reviews
14. Local Environmental Plan Tracking
EDO in the Media
15. Ulladulla Times: NPA to fight Narrawallee
subdivision
16. Northern Rivers Echo: In the zone: local environmental
plans
Environmental Law Notices - New South Wales
17. Major Project Proposals - Invitation to Comment
18.
State Conservation Notices - Invitation to Comment
19.
Department of Lands - Public Exhibition
Environmental Law Notices - Commonwealth
20. EPBC Referrals - Invitation to Comment
Community News
21. Paddy Pallin Foundation Science Grants
22. North Coast Energy Forum
EDO News and Events
1. ANEDO Conference and dinner:
One week to go!
Next week, the EDO will be holding a 2-day national conference on 28/29
May on the theme 'Public Interest Environmental Law in Australia: 25 Years
On'.
The conference will focus on developments in public interest environmental
law, and the challenges and opportunities ahead.
Topics to be covered include:
- The Next 25 Years: Challenges and Opportunities
Keynote Speaker, Professor Ian Lowe AO, President, Australian Conservation
Foundation
- Life Under an Emissions Trading Scheme
Keynote Speaker, Dr Nick Wood, Associate Director of Sustainability, KPMG
Australia
- Access to Justice and the Need for Public Interest Environmental Lawyers
Keynote Speaker, The Hon Duncan Kerr SC, MP
The conference will be held at the Sydney Mechanics' School of Arts ,
280 Pitt Street Sydney .
Tickets are still available but register now to avoid disappointment.
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
Time: 7pm
Venue: Doltone House, Darling Island Wharf , 48 Pirrama
Road , Pyrmont
Cost: Individuals - $130pp, Tables of 10 - $1500 (with
corporate logo/name on table)
Dress: Formal
For more information , and to register for the dinner or the conference
(or both), please visit: http://www.edo.org.au/conference.php
2. EDO Office Hours Next Week
Due to the ANEDO conference, the EDO Sydney office will be operating with
vastly reduced staff numbers on Thursday and Friday next week. Please be
advised that the Environmental Law Advice Line will not be
operating on Thursday 27 May but will resume on Tuesday 2 June. If your
enquiry is urgent please call the office on 02 9262 6989 and we will attempt
to put you through to a solicitor. The Northern Rivers office will be closed
Thursday and Friday next week. For urgent enquiries from the Northern Rivers
region, please call 0448 201 442.
3. FREE EDO Seminar Series - Making Sydney Sustainable - Transport
This seminar contemplates whether Sydney 's transport system is sustainable.
Three speakers will discuss what Sydney needs, what Sydney is doing and
what works well elsewhere.
Our panellists are:
- Dr Garry Glazebrook, University of Technology, Sydney
- Terry Lee Williams, Manager, Transport Strategy, City of Sydney
- Tristan Peach, QLD
Date: Friday 21 May 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
4. FREE EDO Workshop - A Guide to Environmental
Law for Coastal Communities in NSW: The Entrance, Nowra, Merimbula
The workshops will focus on the main environmental and planning laws that
affect coastal communities, including biodiversity, pollution, heritage
and sea level rise issues. The workshops are intended for anyone interested
in learning more about how the various environmental and planning laws
interact and how these laws apply to coastal communities. This is an excellent
opportunity to find out how to effectively engage in the decision-making
process. Strategic advocacy techniques, from gathering information to writing
effective submissions will be covered in the workshops.
The workshops will be based on the content of an upcoming publication Caring
for the Coast: A guide to environmental law for coastal communities in
NSW . The publication has been funded the Australian Government
though its Caring for Our Country initiative and will be made available
for free to all participants when it is published later in the year.
The Entrance
When : Saturday 19 June 2010
Time : 9:00am to 12:00pm, morning tea and refreshments
will be provided.
Venue : Diggers at The Entrance, 315 The Entrance Road
, The Entrance
Nowra
When: Wednesday 23 June 2010
Time: 3:00pm to 5:00pm, afternoon tea and
refreshments will be provided.
Venue: Shoalhaven Ex-Servicemen's Club, Junction St
, Nowra
Merimbula
When: Saturday 26 June 2010
Time: 2:00pm to 4:00pm, afternoon tea and refreshments
will be provided.
Venue: Club Sapphire, Main Street , Merimbula
RSVP : Please call (02) 9262 6989 to register or for more information.
For further information or comment, please contact :
Rosemary Bullmore, Project Officer, at the Environmental Defender's Office.
Phone: (02) 9262 6989.
http://www.edo.org.au/edonsw/site/workshops.php#coastal
http://www.edo.org.au/edonsw/site/pdf/flyer/100511nowra.pdf
http://www.edo.org.au/edonsw/site/pdf/flyer/100511merimbula.pdf
5. FREE EDO Workshop - Environmental
Law for Rural Landholders - Dubbo
The EDO will be presenting FREE environmental law workshops for NSW landholders
in the Dubbo region. The workshops 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 : Wednesday 30 June 2010
Time : 1pm to 4pm
Venue : Coolabah Room, Dubbo Community Arts Centre, 76
Wingewarra Street, Dubbo
Lunch and light refreshments will be provided .
For more information or to RSVP, please contact the EDO on (02) 9262 6989.
http://www.edo.org.au/edonsw/site/workshops.php
6. FREE copies of the new publication A Guide
to Private Conservation in NSW
A new EDO publication is now available for free upon request. A guide
to private conservation in NSW provides an overview and critical
analysis of all the private conservation mechanisms available to NSW
landholders. The guide is designed to help landholders to understand
the different private conservation options and choose the one that is
right for them. It covers everything from Conservation Agreements and
Trust Agreements to Wildlife Refuge Agreements and much more.
This project has been assisted by the NSW Government through its Environmental
Trust and the EDO is very grateful for this support.
To order your free copy of the publication please call (02) 9262 6989.
Boxes of 120 are also available to groups or organisations.
Please contact us if you are interested in a free workshop on the content
of the guide in your area.
7. 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 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
8. ABC News: Change of Plan: red gums
get protection this year
The New South Wales Government has announced that its decision to protect
more than 100,000 hectares of internationally-significant river red gum
forests in the State's south-west will come into effect sooner than expected.
After several months of political to-ing and fro-ing the government says
the creation of a national park in the Millewa group of forests will begin
in July.
It is being called a landmark decision to protect 50 species of threatened
fauna and an important habitat for migrating birds.
The national park plan was first announced by Nathan Rees on his last
day as premier last December.
To read this article, please visit:
http://www.abc.net.au/news/stories/2010/05/19/2903840.htm?site=news
9. Sue Morris appointed as a Commissioner of
the Land and Environment Court
NSW Attorney General John Hatzistergos today announced the appointment
of Sue Morris as a Commissioner of the Land and Environment Court of NSW.
"Ms Morris brings over 30 years of experience in town planning, particularly
in statutory planning, to the position," Mr Hatzistergos said.
Ms Morris is currently the Director of Development and Environment at
Camden Council and has also acted as the council's General Manager. She
has held director level and senior management positions in planning in
local government for the last 23 years.
The EDO would like to congratulate Ms Morris on her appointment.
10. Case Update: King & Anor v Minister
for Planning; Parkesbourne-Mummel Landscape Guardians Inc v Minister
for Planning; Gullen Range Wind Farm Pty Limited v Minister for Planning
[2010] NSWLEC 1102
Three separate sets of proceedings were commenced challenging aspects
of the Planning Minister's approval of a Wind Farm on the Southern Tablelands
of NSW.
The Land and Environment Court upheld the approval of the wind farm but
in doing so attached additional conditions to minimise the impact of the
wind farm on neighbouring residences.
To view the judgement in its entirety, please visit:
http://www.lawlink.nsw.gov.au/lecjudgments/2010nswlec.nsf/19eb930e64c0733bca257363001d0a87/304ae50871294fc1ca25771a000ed960?OpenDocument
11. Policy Submissions
In December 2005, the NSW Government released its Metropolitan Strategy
for Sydney to 2031, entitled City
of Cities: A Plan for Sydney's Future .
Almost five years on, a scheduled review of the strategy is underway through
the release of a discussion paper, Sydney
Towards 2036 . This is the first step in a comprehensive review of the
Metropolitan Strategy. Consultation on this discussion paper is underway until 28
May 2010 .
See: http://www.metrostrategy.nsw.gov.au/
- Public Consultation on Proposed Mining Regulation 2010 and
Proposed Exploration Code
Comments are sought on the draft Mining Regulation 2010 ('the proposed
Regulation') and Regulatory Impact Statement ('RIS'). Your comments are
also sought on the draft NSW Code for Routine Exploration Activities with
Low Environmental Impact ('Exploration Code').
The proposed Regulation will be made under the Mining Act 1992 and will replace
the Mining Regulation 2003. The objective of the proposed Regulation
is to support the Mining Act 1992 as amended by the Mining Amendment Act 2008.
Copies of the new Regulation, RIS and Exploration Code are available in electronic
form at http://www.dpi.nsw.gov.au/aboutus/about/legislation-acts/review
The closing date for submissions is Friday 18 June 2010 .
EDO's submission on this is available at: http://www.edo.org.au/edonsw/site/pdf/subs10/100430metro_strategy.pdf
- EDO submission to the Standing Committee on Natural Resource
Management (Climate Change) Water Management inquiry
http://www.edo.org.au/edonsw/site/pdf/subs10/100315water_management.pdf
12. New or current legislation introduced to
parliament
- Review of the Coastal Protection & Other Legislation Amendment
Bill 2010 (NSW) - which proposes to amend the Coastal Protection
Act 1979 to implement the Department of Planning's sea level
rise policy. Amendments relate to: Temporary coastal protection works;
Long term protection works; Powers of council; Coastal Zone Management
Plans; Review of CP Act
- The National Parks and Wildlife Amendment Bill 2010 (NSW)
proposes to amend the National Parks and Wildlife Act 1974 No. 80 (NSW).
The Bill was introduced into the Legislative Assembly and received its
second reading speech on 25 February 2010.
According to the long title, the objective of the Bill is "to make further
provision with respect to the protection of Aboriginal objects and places,
the protection of fauna, native plants and threatened species, and general
administration and enforcement matters".
- National Park Estate (Riverina Red Gum Reservations) Bill 2010 (NSW)
proposes to amend the Forestry and National Park Estate Act 1998
No. 163 (NSW) and will also amend the Forestry Restructuring
and Nature Conservation Act 1995 No. 50 (NSW)
- Mining and Petroleum Legislation Amendment (Land Access) Bill 2010 (NSW)
- The Environmental Planning and Assessment Amendment (Development
Consents) Bill 2010 (NSW) proposes to amend the Environmental
Planning and Assessment Act 1979 No. 203 (NSW). According to
the explanatory note, the Bill proposes to "facilitate the carrying
out of development that has previously been approved by removing in
certain circumstances any reduction of the maximum period of 5 years
during which the development consent does not lapse pending the carrying
out of the development.
- The Trees (Disputes Between Neighbours) Amendment Bill 2010 (NSW)
proposes to amend the Land and Environment Court Act 1979 No. 204 (NSW).
The Bill was introduced into the Legislative Assembly and received its
second reading speech on 21 April 2010. According to the explanatory
note, the Bill would make a consequential amendment to recognise the
jurisdiction of the Land and Environment Court to hear and determine
certain applications under the Dividing Fences Act 1991 No. 72 (NSW).
13. Legislative Reviews
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:
- State Water Corporation Act 2004
- Lord Howe Island Act 1953
- Noxious Weeds Act 1993
14. 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
The following local government areas have lodged planning proposals during
the past seven days:
- North Sydney
- Fairfield
- Singleton
EDO in the Media
15. Ulladulla Times: NPA to fight Narrawallee
subdivision (19 May 2010)
The National Parks Association of NSW has called for an immediate halt
to the controversial 168-lot subdivision off Leo Drive in Narrawallee.
NPA executive officer, Kevin Evans, with the backing of his State Council,
says a list of issues points to the need for a State Government Inquiry.
These include alleged breaches of the original conditions of consent;
developer donations to the State Labor party whilst their application was
with the Minister for Planning; and the apparent loss of possibly thousands
of public submissions to Shoalhaven City Council in relation to the development.
"We have called on the NSW government which approved the development to
require an immediate halt to land clearing until these claims are fully
investigated," confirmed NPA spokesperson, Gary Schoer.
Meeting in Ulladulla recently to discuss key environmental challenges
facing the South Coast, the NPA was extremely concerned to learn of the
scale of urbanisation planned for forested lands south of Narrawallee Nature
Reserve, Mr Schoer explained.
This article incorrectly states that the EDO says the Part 3A process
circumvents the need for community and local government consultation. The
EDO is assisting the NPA in this matter.
To read this article, please visit:
http://www.ulladullatimes.com.au/news/local/news/general/npa-to-fight-narrawallee-subdivision/1834520.aspx
16. Northern Rivers Echo: In the zone:
local environmental plans (6 May 2010)
"There was much consternation recently after the publication of revised
population projections for the North Coast, which is now expected to grow
by between 11% (in Lismore) and 59% (in the Tweed) by 2036. Where will
they live? Who will pay for the new infrastructure? How will we protect
our environmental assets?"
To view the article, by EDO Northern Rivers Education Officer, Mark Byrne,
please visit:
http://www.echonews.com.au/story/2010/05/06/in-the-zone-local-environmental-plans/
Environmental Law Notices - New South Wales
17. 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
- Parramatta - Macquarie Street development
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3508
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2929
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3858
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=1291
18. 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.
19. 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
20. 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:
NSW
Roxburgh - expansion of coal mine
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5498
Bowraville - weed species removal
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5493
Singleton - tree maintenance works in Burdekin Park
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5489
Mount Annan - construction of access road
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5485
Dalton - Gas fired power station
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5484
Cth
Darwin - marine seismic survey
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5487
QLD
Moranbah - seismic survey
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5497
Alpha - coal project
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5496
Mt Carbine - watershed project expansion
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5495
VIC
Ardeer - commercial development
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5486
WA
East Kimberley - Iron Ore project
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5494
Bussleton - aerial larvicide application
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5490
Kununurra - water management usage
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5491
Geraldton - dredging in port channel
http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5488
Community News
21. Paddy Pallin Foundation Science Grants
The Paddy Pallin Foundation in conjunction with the Royal Zoological Society
of NSW is pleased to announce that the 2010 Paddy Pallin Foundation Science
Grants are now open. $7000 is available for a post graduate student or
an early career scientist.
The research must address conservation problems in Australian systems
and have clearly defined management implications. Preference will be given
to research which deals with ecological community processes.
Applications will close with the Royal Zoological Society of NSW at 5pm
on 30 July 2010 .
For further information please visit the Paddy Pallin Foundation website
at:
http://ppfscience.notlong.com
22. North Coast Energy Forum
The North Coast Energy Forum will explore emerging opportunities
for, and impediments to, generating more electricity on
the north coast of NSW . Community organisations, industry and government
representatives will discuss distributed power options including smart
grids, solar, gas, bioenergy, hydro and wind. Dr Mark Diesendorf,
renowned lecturer and author on sustainability, will initiate
the discussion with his keynote address. There will be presentations and
discussion forums all day. Lunch and refreshments will be provided.
When: Friday 4 June 2010, 9am-5pm
Where: Bellingen Memorial Hall, Bellingen
Who should attend : Electricity industry representatives,
renewable industry representatives, policymakers, government, academics,
researchers and members of the community interested in renewable energy
and distributed power generation.
Cost : $120 corporate & government; $60 community
groups & general public
Please go to www.ncenergyforum.org for
more information or to register.
The EDO Northern Rivers office is providing legal and other assistance
to the Forum.