EDO NSW BULLETIN - 3 June 2010: Number 662

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. Report on EDO National Conference

On 28/29 May, EDO NSW hosted a national conference on the theme 'Public Interest Environmental Law in Australia : 25 Years On'. The conference discussed a range of topics, including life under an emissions trading scheme, the implications of climate change, the future of the Environment Protection and Biodiversity Conservation Act and issues relating to access to justice and the need for public interest environmental lawyers.

The EDO would like to thank all the speakers who contributed their considerable expertise to the issues under discussion, and all those who attended for making the conference an interesting and thought provoking event.

Conference papers and presentations will be available on the EDO website shortly.

2. Case Update: Gray & Hodgson v Macquarie Generation - Win on costs based on public interest litigation grounds

The EDO has obtained a favourable costs order in this matter by successfully arguing that the proceedings are in the public interest. On 28 May 2010, her Honour Justice Pain of the Land and Environment Court held that the public interest nature of the proceedings justified an order that the each party should pay its own costs of the dismissal application heard on 2 December 2009.

3. FREE EDO Workshop - A Guide to Environmental Law for Coastal Communities in NSW: The Entrance, Nowra, Merimbula

The EDO will be presenting FREE environmental law workshops for the community at The Entrance, Nowra and 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 6:00pm, afternoon tea and refreshments will be provided.
Venue: Shoalhaven Ex-Servicemen's Club, Junction St , Nowra

Please note, due to high demand, registrations for this event will not be accepted after Wednesday 9 June

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 or email education@edo.org.au 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. Email: education@edo.org.au

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

4. 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 or email education@edo.org.au

http://www.edo.org.au/edonsw/site/workshops.php

5. 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 or email education@edo.org.au .

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.

6. 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 at education@edo.org.au or 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 email education@edo.org.au or 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

7. Courts Granted Extra Powers to Resolve Tree Disputes

Neighbours locked in disputes over trees that severely block sunlight or views will be able have their cases heard by Land and Environment Court, under new laws passed by the NSW Government l.

Attorney General John Hatzistergos said the amendments to the Trees (Disputes Between Neighbours) Act 2006 will provide a simple, inexpensive and accessible process for resolving neighbour disputes about hedges.

Under the new laws to commence on August 2, 2010, the Court must be satisfied that the applicant has made a reasonable effort to resolve the matter with the owner of the land on which the hedge is situated.

The amendments to the Act:

empower the Land and Environment Court to hear disputes about high hedges that severely block sunlight to a window of a dwelling on adjoining land, or views from such a dwelling;
support the enforcement of court orders by allowing councils to recover the cost of trimming or removing any trees plus a prescribed administration fee;
give the subsequent owner of the property the right to enforce certain orders made under the Act;
give the court authority to hear disputes over trees that have caused damage but have since been removed;
allow the court to make orders in relation to problem trees and damaged dividing fences;
enable the court to hear tree disputes on land zoned 'rural-residential' but only where a tree is causing damage or risking injury;
include vines as a prescribed plant under the Act.

For more information, please visit: http://www.lawlink.nsw.gov.au/lawlink/Corporate/ll_corporate.nsf/pages/LL_Media_Centre_attorney_general_2010#courts_granted

8. Policy Submissions

Draft Sydney Growth Centres Strategic Assessment Report and Draft Sydney Growth Centres Program Report

The exhibition of the draft Sydney Growth Centres Strategic Assessment Report and draft Sydney Growth Centres Program Report is underway. The public are encouraged to view the draft reports and are invited to provide comments. The information can be viewed at the Department of Environment, Climate Change and Water offices at Level 14, 59 Goulburn Street, Sydney and the Department of Planning offices at Level 5, 10 Valentine Avenue, Parramatta and 23-33 Bridge St, Sydney or can be downloaded here http://www.growthcentres.nsw.gov.au/strategicassessment-94.html

The exhibition period closes at 5pm on 25 June 2010 .

The draft reports and exhibition material are also available from the following councils:

Blacktown City Council (62 Flushcombe Road, Blacktown)
Camden Council (37 John Street, Camden)
Campbelltown City Council (Corner Queen and Broughton Streets, Campbelltown)
Hawkesbury Council (366 George Street, Windsor)
Hills Shire Council (129 Showground Road, Castle Hill)
Liverpool City Council (1 Hoxton Park Road, Liverpool)

Further information is available by contacting the Community Info Line on 1300 730 550 or by emailing community@planning.nsw.gov.au

Submissions can be:

Posted to Draft Strategic Assessment, Executive Director, Land Release Department of Planning GPO Box 39, Sydney NSW 2001
Emailed to community@planning.nsw.gov.au
Faxed to (02) 9895 7670

If you require a translation service, please call 1300 730 550.

The final Terms of Reference have been approved by the Commonwealth Minister for Environment Protection, Heritage and the Arts.

Final Terms of Reference

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:

Submission on the NSW Floodplain Harvesting Policy: Draft for community consultation
28 May 2010
http://www.edo.org.au/edonsw/site/pdf/subs10/100528floodplain_harvesting.pdf

Submission on the Prime Minister's Task Group on Energy Efficiency Issues Paper
3 May 2010
http://www.edo.org.au/policy/100503energy_efficiency_issues_paper.pdf

9. 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).

10. 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

11. 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:

Camden
Liverpool

EDO in the Media

12. Sydney Morning Herald : Aborigines can't claim park, but Woolies can (3 June 2010)

The NSW Government has paved the way for a Big W store to be built on a historic Moree sporting oval - an Aboriginal burial site - despite a week ago rejecting a land claim over the reserve because it was public recreation space.

Yesterday the NSW Lands Minister, Tony Kelly, announced he would approve the sale of part of the oval to Woolworths for $2.25 million so it could build a Big W discount store there.

delayedAds.push(function(){ FD.addExternalReferralsAd($merge(FD.baseAd, { id: "adspot-300x250-pos-3", iframeId: "adspot-300x250-pos-3-iframe", params: $merge($merge(FD.baseAd.params, { pos: 3, aamsz : "300x250" }),getAdParams("300x250")) ,addSmall: true ,smallText: "Advertisement: Story continues below" }) ); } ); Yet last week Mr Kelly wrote to the NSW Aboriginal Land Council rejecting its claim over the land on the basis it was used by the town for recreation.

In 1903 the local newspaper reported that two bodies were found buried at the oval in possum skin and bark. Mr Munro said 39 more Aborigines could be interred at the reserve.

The Moree Plains Shire mayor, Katrina Humphries, said she was ''near ecstatic'' with Mr Kelly's decision.

The land council, assisted by the EDO, is appealing against the claim's rejection and the sale cannot proceed until that process is exhausted.

To read this article, please visit: http://www.smh.com.au/nsw/aborigines-cant-claim-park-but-woolies-can-20100602-wzuo.html

13. Central Coast Express Advocate: Stalled ship project costing thousands (3 June 2010)

THE State Government is forking out $20,000 a week to keep the ex-HMAS Adelaide at White Bay. Costs include berthing, fencing and security and so far the bill is $180,000.

The former warship was meant to be scuttled off Avoca Beach on March 27, but was stymied by last-minute legal action in which the EDO acted for the No Ship Action Group. The No Ship Action Group has concerns about the environmental impacts of sinking the ship.

The legal proceedings launched by the group were successful in putting a stop to the sinking until a full hearing could take place in the Administrative Appeals Tribunal. That hearing is set down for July 5-8 where it will be determined whether the ship can or can't be sunk off the Central Coast.

To read this article, please visit:

http://express-advocate-gosford.whereilive.com.au/news/story/stalled-project-costly/

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

• Eastern Creek - Waste Facility

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3725

• Goulburn - Highlands Source Project

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=1356

• Jacky Bulbin Flat and Tabbimoble - Pacific Highway upgrade

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3543

• Hastings Point - Residential subdivision and tourist facility

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=1081

• Armidale - Armidale Landfill Project

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=81

• Former Redfern Public School - Midnight basketball

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3947

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

Aberbaldie Nature Reserve - Draft Plan of Management http://www.environment.nsw.gov.au/parkmanagement/AberbaldieNRdraft.htm
Bendethera Deua National Park- Conservation Management Plan http://www.environment.nsw.gov.au/parkmanagement/BendetheraCMPdraft.htm
Binjura Nature Reserve - Draft Plan of Management http://www.environment.nsw.gov.au/parkmanagement/Binjuranrdraft.htm
Broadwater National Park - Draft Plan of Management http://www.environment.nsw.gov.au/parkmanagement/BroadwaterNPdraft.htm
Kosciuszko National Park - Proposed increase to volunteer ski patrol beds http://www.environment.nsw.gov.au/parkmanagement/KosciuszkoSkiBedAmendPOM.htm

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:

NSW

Nowra - Residential development

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5523

Cth

Bathurst Island, Timor Sea - Joseph Boneparte Gulf Seabed mapping survey

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5517

QLD

Great Keppel Island - Tourism and marina development

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5521 VIC

Bohle Plains, 12km west of Townsville - Electricity substation

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5519

Home Hill - The Burdekin Cassava Project

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5514

Karnup - Sand mining

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5522

12km south west of the Mandurah City Centre - Point Grey Marina Project

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5515

Anderson Point, Port Hedland to Cloubreak Mine Site - Additional Rail Infrastructure between Herb Elliott Port Facility and Cloudbreak Mine Site

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5513

ACT

6 kilometres to the Belconnen Town Centre - MacGregor West 2 Estate

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5520

North of Hanson Bay, Kangaroo Island - Helicopter Joyflight Operation

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5524

VIC

Latrobe Valley 150km east of Melbourne - Yallourn Combined Cycle Gas Trubine (CCGT) Power Station

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5516

Lot 9737, Town of Nightcliff - Muirhead Subdivision

http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=5525

Community News

18. Grant: Funding for Landholders in Hawkesbury Nepean catchment

The Hawkesbury Nepean CMA offers funding and technical advice to landholders to help improve and protect:

River and creek banks
Native bushland and grassland
Degraded and eroded land
Wetlands
Saltmarsh

Further Information

Website: http://www.hn.cma.nsw.gov.au/topics/2490.htm

19. Grant: Solar Hot Water Rebate Programme

The Australian Government is providing a rebate of $1,600 to eligible home-owners that have not already accessed the Insulating Australian

Eligible households can replace existing electric hot water systems in existing homes with solar and heat pump hot water systems.

This rebate is available for systems installed before 3 February 2009.

Further Information

Website: http://www.environment.gov.au/settlements/renewable/solarhotwater/index.html

Contact Details: Department of the Environment, Water, Heritage and the Arts

Email: solarhotwater@environment.gov.au

Telephone: 1800 808 571

20. 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.