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Environmental Defender's Office |
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Upcoming Seminars
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view presentation The proposed Herons Creek Power Station: Some issues for community consideration [PDF 4 MB] |
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view presentation Proposed Herons Creek power station: the assessment process and community involvement [PDF 303 KB] |
Climate Change Seminar Series - Seminar III
Best Practice Climate Law
Sydney, 16 April 2008
This seminar doubled as the launch of the EDO's Model Climate Law Discussion Paper which asked 'if Australia was to introduce a national Climate Change Act, what should it cover?'
Presenters were Rachel Walmsley, EDO Policy Director and Richie Merzian from the Australian Youth Climate Coalition. Both Rachel and Richie spoke about their experiences as delegates at the Bali UN Climate Conference.
Download the Discussion Paper. If you would like a hard copy sent to you please email or call 92626989
Can Whaling in Antarctica be Stopped?
This seminar explored the legal and policy implications of the Japanese Whales Case. The case was brought by Humane Society International in the Federal Court of Australia. HSI successfully sought a declaration that the Japanes whaling company Kyodo Senpaku Kaisha Ltd breached Australian law by whaling in the Australian Whale Sanctuary off Antarctica and an injunction to restrain future breaches.
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| Nicola Beynon addresses the audience. Also pictured are Jeff Smith, Director of EDO NSW; Dr Chris McGrath and Professor Gillian Triggs. |
Speakers were:
- Dr Chris McGrath, Barrister
- Professor Gillian Triggs, Dean of Law, The University of Sydney
- Nicola Beynon, Humane Society International
This seminar was kindly supported by the City of Sydney.
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view paper Chris McGrath- Australia can lawfully stop whaling within its Antarctic EEZ [PDF 246 KB] |
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Listen to Seminar Audio [wma format, 4.9 MB, running time 1 hr 21 mins] Recording of entire seminar available free on CD from |
State Planning Reforms: What do they mean? How can I participate?
Following the introduction of Part 3A into NSW planning law in late 2005, the NSW Government has announced its intention to embark on another round of planning reform in early 2008.
The Department of Planning has released a discussion paper which sets out the proposed reforms.
In an effort to help the community understand key issues and prepare submissions to the Department, the EDO hosted community forums in Sydney and Byron Bay. The forums were well attended and provided an opportunity for participants to share their concerns about the proposals. EDO staff members were on hand to point participants in the right direction with regards to the best way to respond to the discussion paper. The forums also provided the EDO with valuable public feedback on the proposals which will inform the EDO 's own submission to the Department.
This seminar was kindly supported by the City of Sydney.
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view presentation Planning Reforms [PDF 1.2 MB] |
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view paper 1 |
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view paper 2 Recommendations for Reforming Planning in NSW [PDF 121 KB] |
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view paper 3 10 points for effective submission writing [PDF 57 KB] |
Grey Nurse Shark - FREE Public Seminar
Monday 26 November 2007
The EDO represented the NSW Nature Conservation Council (NCC) in proceedings brought in the Administrative Appeals Tribunal (AAT) against the Commonwealth Minister for the Environment and Heritage.The legal action was for strict no-fishing zones to be introduced as part of a bid to protect the dwindling numbers of Grey Nurse Sharks. NCC presented evidence to the AAT that the NSW Ocean Trap and Line Fishery (OTLF) has a significant impact on the nationally listed critically endangered east coast population of the Grey nurse shark.
The OTLF is a multi-species targeted fishery that operates within the habitat areas of the Grey nurse shark and a number of other threatened species. The NCC was seeking the implementation of
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| Photo courtesy of Peter Hitchens. |
fishery closures of specific key shark aggregation areas and the banning of the use of wire traces in deeper waters. It was also seeking an order that that sanctuaries be established in areas including Maroubra Beach in Sydney and Montague Island.
In a judgement handed down on 18 October 2007 the AAT upheld the Minister’s approval of the OTLF as a wildlife trade operation on the basis that the fishery, operated in accordance with the conditions imposed by the Minister, will not be detrimental to the survival of the Grey Nurse Shark.
This seminar explored some of the legal, environmental and scientific issues and outcomes from this important and interesting legal case.
Speakers:
- Jessica Wood, Solicitor Environmental Defender’s Office
- Megan Kessler, Nature Conservation Council
We would like to thank DLA Phillips Fox for generously providing a venue for this seminar.
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view paper Kirsty Ruddock [PDF 56 KB] |
Climate Change Seminar Series - Seminar II
Coasts, Climate Change and Liability: the future of waterfront real estate
Sydney, 24 October 2007
This seminar explored the complex legal issues concerning current and future impacts of climate change on waterfront real estate.
- Who will be liable when coastal properties are rendered uninhabitable?
- What planning regimes should Councils be implementing now and into the future?
- What are the broader implications for the insurance industry, and the economy generally?
- What policy intiatives should the government adopt?
This seminar is the second in a four-part Climate Change seminar series organised by the EDO.
The EDO would like to thank DLA Phillips Fox for providing a venue for this series.
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view presentation Sonia Powell, Insurance Australia Group [PDF 789 KB] |
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view presentation Geoff Withycombe, Sydney Coastal Councils Group [PDF 407 KB] |
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Seminar Audio Recording of entire seminar available free on CD from |
Climate Change Seminar Series - Seminar I
Sydney (Town Hall), 18 September 2007
This seminar looked at the Carlton United Brewery (CUB) case (Drake-Brockman v Minister for Planning & Anor) in which a local resident, represented by the EDO, challenged the approval under Part 3A of a massive redevelopment of the CUB site on Broadway.
The challenge was partly based on a failure to adequately apply principles of ecologically sustainable development, in light of climate change.
The seminar explored how we can tackle climate change impacts in our cities, with a particular focus on the future of the CUB site.
Speakers were:
- Chris Harris, Deputy Mayor, City of Sydney Council
- Kirsty Ruddock, EDO Principal Solicitor
- Dr Mehreen Faruqi, Director, Institute of Environmental Studies, UNSW
- Dr Mark Diesendorf, Senior Lecturer, Institute of Environmental Studies, UNSW
This seminar was the first in a four-part climate change seminar series.
How to get Heard: insider tips on advocacy and the law
Sydney, 13th September 2007
The EDO asked 3 ‘insiders' to share their tips on how best to lobby, engage with decision-makers, and participate in formal public processes. The seminar dealt with issues ranging from writing objections and gaining access to Councillors to presenting evidence before the NSW Land and Environment Court. Participants were treated to a unique insight into what works and what to avoid when participating in environmental decision making.
Speakers:
- Commissioner Tim Moore, Land and Environment Court
- Ted Plummer, former Adviser, Minister for the Environment
- Tim Moore, Manager Planning Assessments, City of Sydney Council
Chair:
- Jeff Smith, CEO, Environmental Defender's Office
The Environmental Defender's Office would like to thank DLA Phillips Fox for kindly providing a venue for this seminar.
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view presentation Tim Moore, City of Sydney [PDF 2.2 MB] |
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listen to seminar audio [wma format, 7.4 MB, duration 2 hr 3 mins approx.] |
Campaigning for Environmental Rights in Mongolia
Sydney, 28 June 2007
In 2006/2007 Cerin McMillan spent 10 months working in Mongolia as an Australian Youth Ambassador for Development. She worked with a local NGO – the Centre for Human Rights and Development as an environmental rights awareness raising campaigner.
Cerin shared her experiences at this FREE seminar, hosted by the Environmental Defender’s Office. She discussed her work in Mongolia, including working on reforms to the Mineral Law of Mongolia, campaigning for public participation in environmental decision making, promoting public interest law and educating rural communities on environmental issues. Cerin’s placement was supported by the Environmental Defender’s Office, an Australian partner organisation of the AYAD program.
EDO Public Seminar – “Part 3A and the Public Interest”
7 March 2007
On March 7, the EDO held a public seminar on the Part 3A amendments to the NSW Environmental Planning and Assessment Act 1979.
The seminar was presented by representatives of the various interest groups who campaigned on the Part 3A amendments. They were:
- Cate Faehrmann, Nature Conservation Council of NSW
- Ken Morrison, Property Council of Australia
- Cr Sam Byrne, Local Government and Shires Association
The 2-hour seminar was attended by over 100 participants ranging from government employees to community group representatives and environment professionals who were given the opportunity to ask questions of the panel.
The evening was chaired by EDO Chief Executive Officer, Jeff Smith
The EDO would like to thank DLA Phillips Fox for their generous support in hosting the seminar and providing refreshments for the audience.
More information on the Part 3A amendments
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listen to seminar audio Cate Faehrmann [wma format, duration 23:47 mins approx.] |
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listen to seminar audio Ken Morrison [wma format, duration 14:53 mins approx.] |
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listen to seminar audio Cr Sam Byrne [wma format, duration 19:20 mins approx.] |
Planning Law Reforms, Implications for the Community and the Environment, and the Court's Response
23 February 2007
Presentation by EDO Northern Rivers to the Annual Seminar of the Far North Coast Law Society 23 February 2007.
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view presentation [PDF 350 KB] |
CEDHA Pulp Mills Campaign: A Case Study in International Civil Society Legal Advocacy
17 May 2006
On Wednesday, 17 May 2006, the EDO presented a seminar on international civil society legal advocacy, which drew on the current campaign by the Center for Human Rights and the Environment (CEDHA), a non-government organisation based in Argentina, to prevent the construction of highly polluting pulp mills in Uruguay.
The seminar was presented by David Barnden, an Australian law graduate currently working with CEDHA, and Sue Mahony, Senior Legal Officer with the NSW Department of Environment and Conservation, who undertook an internship with CEDHA last year. Both David and Sue worked closely on the CEDHA pulp mills campaign.
The session was chaired by Professor Don Rothwell, Director of the Sydney Centre for International and Global Law.
Using the CEDHA campaign as a case study, the seminar explored a range of international civil society legal strategies, including:
- analysing assessment processes with respect to compliance with international standards;
- submitting formal complaints and petitions to international financial institutions;
- utilising the Equator Principles to influence project funding by private banks;
- preparing a submission to the Inter-American Commission on Human Rights;
- preparing an OECD Specific Instance for violations to the OECD Guidelines for Multinational Enterprises;
- linking international advocacy with national litigation in Argentina and Uruguay.
The EDO gratefully acknowledges the Sydney Centre for International and Global Law for hosting this seminar. For more information about the Centre's research, teaching and consultancy programs, please visit: www.law.usyd.edu.au/scigl.
EDO Climate Change Seminar, Wednesday
26 April 2006
On 26 April, the EDO hosted a seminar on Climate Change and International Biodiversity Law.The seminar was presented by Ilona Millar, EDO Principal Solicitor, based on work undertaken during a recent three month fellowship with the IUCN Environmental Law Centre in Bonn, Germany.
The seminar discussed the international legal framework in which obligations to protect natural ecosystems from the impacts of climate change arise. There was an analysis of the obligations that arise in relation to biodiversity and climate change under Conventions such as:
- United Nations Framework Convention on Climate Change (UNFCCC)
- Convention on Biological Diversity (CBD)
- Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar); and
- Convention Concerning the Protection of the World Cultural and Natural Heritage (World Heritage Convention).
This seminar also reviewed the steps being taken by Australia to implement its international obligations.
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view presentation [PDF 743 KB] |
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view paper [PDF 316 KB] |
The EDO gratefully acknowledges the generous support of Baker & McKenzie for this seminar series. For information about Baker & McKenzie's internationally recognised climate change practice, please visit: www.bakernet.com.
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Law, Science and Environment Seminar Series
Seminar One - 'Current issues in biodiversity conservation and threatened species assessment'
The EDO is pleased to present the Law, Science and Environment Seminar Series.
The series aims to provide educational opportunities for scientists, policy makers, consultants, and other interested members of the community, as well as a forum for the discussion of current scientific issues and the links between science, policy, and law.
The series will comprise evening seminars to be presented by members of the scientific community, policy makers, consultants, and EDO staff. Seminars will be held in Sydney every two to three months.
The first seminar was held on 13 October at Deacons law firm, and was titled 'Current issues in biodiversity conservation and threatened species assessment'. The speakers and topics were:
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Associate Professor Paul Adam, Head of School, School of Biological, Earth and Environmental Sciences, University of NSW - 'Data deficiencies and decision-making in biodiversity conservation and threatened species assessment'
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Dr Lesley Hughes, Senior Lecturer, Department of Biological Sciences, Macquarie University - 'Climate change and biodiversity impacts in Australia and NSW'
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view presentation Lesley Hughes |
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view paper Lesley Hughes |
Relevant papers by Paul Adam:
Preston, B. J. and Adam, P. (2004) Describing and listing threatened ecological communities under the Threatened Species Conservation Act 1995 (NSW): Part 1 - the assemblage of species and the particular area. Environmental and Planning Law Journal 21, 250-263
Preston, B. J. and Adam, P. (2004) Describing and listing threatened ecological communities under the Threatened Species Conservation Act 1995 (NSW): Part 2 - the role of the supplementary descriptors. Environmental and Planning Law Journal 21, 372-390
Adam, P. (2004) Opening a can of words. The importance of definitions in the NSW Threatened Species Conservation Act. In Hutchings, P., Lunney, D. and Dickman, C. (eds). Threatened Species Legislation, is it just an Act? Royal Zoological Society of New South Wales, Mosman. Pp 59-67
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"Land is Life" Seminar
Sydney, 5 September 2005
The EDO, Australian Human Rights Centre and AID/WATCH held a seminar on "Land is life: Human rights, resources and land rights in PNG 30 years after independence". The seminar was presented by Ms Anne Kajir from the Environmental Law Centre, PNG and Yat Paol from Bismark Ramu Group, Madang.
The EDO would like to acknowledge Gilbert + Tobin for generously providing the venue and catering for this workshop series.
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view speaking tour schedule [PDF 90 KB] |
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Climate Change Law and Policy Seminar
Sydney, 18 August 2005
The first in a series of lunchtime seminars on climate change law and policy was presented by Ms Julie-Anne Richards, Coordinator, Climate Action Network Australia who spoke about future directions in climate change policy, including options for achieving deep cuts in carbon emissions.
The aim of this workshop series is to inform and inspire debate on key issues in climate change law and policy. Future seminars will be held on a monthly basis throughout the year. All proceeds will support the public interest work of the Environmental Defender's Office.
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view presentation [PDF 638 KB] |
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UN Legal Officer to Speak on International Climate Change Litigation
Sydney, 1 April 2005
On Friday, 1 April 2005, the Environmental Defender’s Office hosted a public seminar on climate change litigation presented by Lalanath de Silva, a legal officer with the United Nations and co-founder of International Public Interest Defenders and the Environmental Law Alliance Worldwide.
The seminar focused on a number of efforts around the world to enforce treaties and laws to help combat climate change and ensure that the necessary cuts in greenhouse gas emissions are made. The presentation touched on legal initiatives in Sri Lanka, Nepal, India, Germany, USA and Australia.
Speaker Biography
Lalanath de Silva has been a public interest lawyer for over two decades. He was called to the bar in 1982 after completing his professional studies with honours at the Sri Lanka Law College. In 1990, he was awarded a Master of Laws degree in Law and Marine Affairs from the University of Washington, Seattle, USA.
He co-founded the Environmental Foundation Ltd. (EFL) in Sri Lanka in 1981. EFL was the first public interest law firm anywhere in the third world and has since risen to regional prominence. He also co-founded the Public Interest Law Foundation in Sri Lanka, an NGO committed to environmental and social justice. He is also a co-founder of the Environmental Law Alliance Worldwide and the International Public Interest Defenders, Geneva.
De Silva also worked for Sri Lanka's Ministry of the Forests and Environment as its Legal Consultant from 1994-1996. During that period, he represented Sri Lanka at law related UNFCC meetings. He is currently employed as a Legal Officer with the environmental claims unit of the United Nations Compensation Commission (UNCC) in Geneva. His current work involves assisting the environmental Panel of Commissioners to assess environmental damage resulting from the 1991 Gulf War.
From July 2005, de Silva will move to the World Resources Institute in Washington DC as the Director of the Access Initiative and Principle 10 programme.
Seminar Abstract
Climate change impacts are already affecting people and the planet. Moreover, the science shows it will get far, far worse. The biggest impacts will be on the lives and livelihoods of the poor and developing countries, especially small island states. The biggest culprits are the rich and the developed countries.
Progress has been made: we have international agreements; more resources for scientific research, leading to stronger evidence; some policy advances; a change in industry rhetoric; and a certain increase in public awareness.
However, all this falls far short of what is needed. At the heart of the problem is the production and use of fossil fuel - particularly the emissions of carbon dioxide from the burning of coal, oil and gas. Developed countries have now accepted legally binding emissions targets in the Kyoto Protocol, but these are widely recognised to be seriously inadequate, and the US has opted out.
As Klaus Töpfer says, there are laws in place now that can address this. For example, it is illegal under international law for one State to cause harm to another State. It is illegal under domestic law in many countries for polluters to cause nuisances to the public and to market defective products, and damages
must be paid. International and domestic laws prohibit human rights violations. Domestic laws impose duties on directors of bodies, such as insurance companies or pension funds, to act in the best interests of shareholders who may suffer financial harm because of climate impacts.
This lunchtime presentation will focus on a number of efforts around the world to enforce treaties and laws to help combat climate change and ensure that the necessary cuts in greenhouse gas emissions are made. The presentation will touch on legal initiatives in Sri Lanka, Nepal, India, Germany, USA and Australia.
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Wetlands and Legislation: Negotiating the Marsh Maze
22 and 23 March 2005
The EDO co-presented two full-day workshops on wetlands and environmental law in Shortlands.
The workshops were hosted by the Wetlands Centre and sponsored by the Wetlands Centre, NSW Department of Environment and Conservation, the Hunter-Central Rivers Catchment Management Authority, and the Australian Government's Natural Heritage Trust.
A total of 110 people from across New South Wales attended the workshops. They included local and state government officers, consultants, community organisations and tertiary students and lecturers.
The workshop presentations were delivered by Commonwealth Department of Environment and Heritage (DEH) and the NSW Environmental Defenders Office (EDO) and addressed the provisions and application of legislation including:
- Commonwealth Environment Protection and Biodiversity Conservation Act (1999) (EPBC Act)
- NSW Environmental Planning and Assessment Act (1979) (EPA Act)
- NSW Native Vegetation Act (2003) (NV Act)
- NSW Threatened Species Conservation Act (1995) (TSC Act)
- NSW Water Management Act (2000) (WM Act)
- NSW National Parks & Wildlife Act (1974) (NPW Act)
A copy of the workshop presentations and feedback from the workshops can be downloaded from The Wetlands Centre's website: www.wetlands.org.au/forum.htm
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Litigation to Prevent Whaling in the Australian Whale Sanctuary
Sydney, 8 December 2004
Whales Case Links |
The Environmental Defender's Office (EDO) presented a public seminar on current litigation by the EDO and the Humane Society International (HSI) to prevent illegal whaling by a Japanese company within the Australian Whale Sanctuary in Antarctica.
Evidence has been presented to the Federal Court of Australia showing that, since the Australian Whale Sanctuary was created under the Environment Protection and Biodiversity Conservation Act in July 2000, Kyodo Senpaku Kaisha Ltd has killed over 400 minke whales within its waters.
The seminar described the facts of the case, explained the key legal issues and assessed the significance of the case for the protection of Antarctic waters and the development of federal environmental law.
Speakers were:
- Jessica Simpson, Solicitor, Environmental Defender's Office
- Nicola Beynon, Wildlife and Habitats Program Manager, Humane Society International
- Professor Ben Boer, Australian Centre for Environmental Law, University of Sydney
For updates on the progress of the case, please visit the HSI website at www.hsi.org.au.
Thank you to Gilbert & Tobin for generously providing the venue for this event.
For further information on the case, please contact EDO Solicitor Jessica Simpson on 02 9262 6989 or visit www.hsi.org.au.
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view presentation Jessica Simpson [PDF 2.5MB] |
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view presentation Nicola Beynon [PDF 58 KB] |
Legal Strategies for Community Campaigns
On 6 November 2004, the EDO presented a seminar session entitled 'Power Tools - Legal Strategies for Community Campaigns' at Sydney's Hands-On Environmental Forum.
The session provided an overview of the use of legal strategies in community environmental advocacy. Drawing on practical examples from community campaigns, the session covered key issues such as access to information, environmental planning, development assessment and development apeals.
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view presentation [PDF 149 KB] |
Human Rights and Environment Seminar
On Monday, 3 May 2004, the Environmental Defender's Office, together with the Human Rights and Environmental Law Committees of NSW Young Lawyers, presented an evening seminar exploring the links between human rights and the environment.
The seminar provided an overview of relevant legal instruments and institutions at an international, regional and national level and explored opportunities for strategic litigation and law reform in the area of human rights and the environment.
International speakers provided unique insight into the diverse links between human rights and environmental issues and discuss strategies for exposing and preventing human rights and environmental abuses.
The forum was chaired by Simon Rice OAM, President of Australian Lawyers for Human Rights.
- Justice Nicola Pain of the NSW Land and Environment Court delivered an introduction to key human rights and environment concepts and described the role of international institutions and legal instruments in protecting natural ecosystems and human communities.
- Nnimmo Bassey of Environmental Rights Action in Nigeria discussed human rights and environmental issues in Nigeria, including the impacts of multinational oil corporations on local communities in the Niger Delta.
- Almah Tararia of the Environmental Law Centre in Papua New Guinea spoke about the use of public interest litigation to protect the environmental and human rights of traditional landholders in Papua New Guinea.
- Lisa Ogle, Former Director of the Environmental Defender's Office, discussed the potential application of human rights and environment principles in the Australian context, drawing on examples from the European Court of Human Rights.
Materials from the seminar will be posted online as they become available.
Powerpoint Presentations (in html format)
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view presentation Justice Nicola Pain |
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view presentation Nnimmo Bassey |
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view presentation Almah Tararia |
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view presentation Lisa Ogle |
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Community Education Services |
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