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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

  • Metro Strategy Review

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

  • Sydney - M2 upgrade

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=2929

  • South West railway link

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3858

  • Wagga Wagga quarry

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.

 

 

 

Untitled Document

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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This site was last updated Friday 10 September, 2010
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