The Law Association for Asia and the Pacific - Environmental Law Issues in the Asia Pacific Region, 16-19 May 2000 Darwin, NT contact: telephone 08 89469500 email: lawasia@asn.au

1st Australian Natural Resources Law and Policy Conference (Focus on water) - 27-28 March 2000, National Convention Centre, Canberra contact: telephone 02 67728753 email: country@northernet.comau
 
 
 

Court finds environmental assessment needed for fishing licences

The Land and Environment Court has held that the NSW Minister for Fisheries must perform an assessment under the Environmental Planning and Assessment Act 1979 (NSW) when issuing commercial fishing licences under the Fisheries Management Act 1994 (NSW) (FM Act).

The applicant, Sustainable Fishing and Tourism Inc, argued that when granting commercial fishing licences, Part 5 of the EP&A Act applied to require the Minister to consider the environmental impact of issuing the licence.  This might include requiring an environmental impact statement to be prepared.  The Minister conceded that he did not specifically consider the impact of granting the licence under challenge, which permitted the licensee to haul for prawns in the Manning River, amongst other activities.  However, the Minister argued that since the FM Act only gave limited grounds upon which a licence could be refused, an assessment was of no use.

The Court held that the Minister is required to do an assessment under Part 5 of the EP&A Act when issuing licences.  Although the Minister might not be able to refuse a licence, the Minister has a wide power to impose conditions relating to environmental impact. Although only one licence was under challenge in this case, it is now arguable that all commercial fishing licences issued in NSW are invalid. The Government will have to address the issues raised in this case when issuing any new licences.

Case:  Sustainable Fishing and Tourism Inc v Minister for Fisheries and anor [2000] NSWLEC 2, 21 January 2000

SA Tuna farm development approval

The South Australian Environment, Resources and Development Court recently applied the precautionary principle to overturn a decision of the Development Assessment Commission approving a tuna farm. In reaching the decision the Court considered in detail the practical application of ESD principles, in particular the precautionary principle.  It concluded that "The proponent would have to satisfy the burden of proof by evidence as to the likely consequences of the proposal, including scientific evidence (with its limitations), evidence as to the proposed management regime and measures, and evidence to assist the Court in the assessment of the risk weighted consequences of the proposal."

In this case, there was uncertainty as to the impacts of the proposal and in these circumstances the Court stated that it could only approve the proposal if it was satisfied that the proposal would be subject to a monitored, adaptive management regime.  An essential element of an adaptive management regime is the ability to respond to changed circumstances or increased knowledge, and the licensing/approval mechanisms available under the Development Act and the Fisheries Act were inadequate for this purpose. The appeal was therefore upheld and the application for development consent refused.

Case:  Conservation Council of South Australia v Development Assessment Commission & Tuna Boat Owners Assoc (No.2) [1999] SAERDC 86, 16 December 1999

Postscript: The Tuna Boat Owners Association has appealed the decision to the Supreme Court.  Meanwhile, the South Australian government has passed regulations that allow temporary aquaculture proposals of less than 12 months to be approved without public notification or third party appeal rights.  The Tuna Boat Owners Association proposal was resubmitted to the Development Assessment Commission as a temporary proposal of less than 12 months and has been approved.

CERES ENVIRONMENT PARK GREENHOUSE PROJECT
NGOs interested in participating in a project with CERES should  contact Zanni Waldstein by telephone 03 93872609 email: zanni@ceres.org.au
source: EDO NSW Newsletter
 

Lawyer's Report

Submissions

Marine Farming Planning Act Review (thank you to Di Gee and Jamie Rosewell)
Environment Protection Biodiversity Conservation Act (Commonwealth) - consultation paper on regulations and guidelines under the Act.  The EDO network (courtesy of Katherine Wells in NSW) has written a response.  Includes a chart comparing all State legislation with the Commonwealth benchmarks and is accessible on the EDO NSW webside (www.        )
Gene Technology Regulation - proposed legislation.  EDO network is producing a response which is due 13 March.
Draft State Policy on the Protection of Agricultural Land (thank you Di Gee)

Conferences:
Freedom of Information - Tasmanian and Commonwealth FOI with Rick Snell and Bronwyn Keighley-Gerhardy (FOI Commissioner WA).
National Coast Care Workshop at Piermont - Di Gee organised for herself, Jason Glover and Anna ? to attend on the EDO's behalf and run a workshop on community involvement in coastal protection.  They handed out EDO brochures and information and it was very successful.

EDO Christmas Dinner was held this year at LIEPS and was a great success and most enjoyable.

Congratulations:

To Caroline Kirk our Office Administrator who has been awarded an Arts Tasmania 2000 Literary Grant to complete her first novella.

Cases:

Quoiba Progress Association v North West Rendering - we act for the Residents Association in an application before the Tribunal for orders concerning the noxious smells being emitted by this plant and its associated activities.  A rendering plant takes the meat waste from abattoirs, chops it up and cooks it and produces meat meal and tallow.   Matter is set for hearing on March 8, 9, 10.

Advice:

Pollution:
Release of Genetically Modified Crops to be planted on 13 sites around Tasmania - by the Therapeutic Goods Authority (Commonwealth)
Fumes from petrol delivery at next door fuel outlet.
Noise from heat pump, supermarket, factory.
Spray Drift from neighbouring property.
Agricultural applications and more buffer zones

Forestry:
1080 poisoning
Siltation of water
Interuption of water flow
Objection to proposed private timber reserve
Organic Farming and forestry
Forestry activities on neighbouring property and unlawful access over client's land
Logging in breach of planning scheme ie. without planning permit and without timber harvesting plan

Urban Planning:
Coastal vegetation clearance
Extension of  garage for marine farming
Proposed hydroponic development in wetland
Location of high voltage power lines
Residence close to neighbour's stockyard - noise and smell

Other:
Right to Light in area shaded by trees
Removal of trees on private land

Water:
Rights to water flow, rights to water compared with supply, licenses, bare licenses

NATIONAL ENVIRONMENTAL LAW ASSOCIATION LTD
- TASMANIA DIVISION

TASMANIA'S HISTORIC CULTURAL HERITAGE: FACING REALITIES

A critical review of the theory and practice of
the Tasmanian Historic Cultural Heritage Act 1995

Friday 14 April 2000
Elizabeth Pier Convention Centre

The seminar is to be opened by The Hon David Llewellyn, Minister for Primary Industries, Water and  Environment

Speakers include:
Peter James - Chairman, Tasmanian Heritage Council
Lionel Morrell - Chairman, National Trust of Australia (Tasmania)
Brendan Lennard - Cultural Heritage Officer, Hobart City Council
Sarah Waight - Heritage Officer, Glenorchy City Council
Garry Forward - Forward Viney & Partners, Arthitects
Paddy Turnbull - Battery Point/Sullivans cove Community Association

Fees: $ 75 ($ 60 for NELA members) Full time students $ 30 ($20 NELA members)

For information: NELA GPO Box 1861 Hobart
or email: sjc@doma.com.au
 

The Marine & Coastal Community Network's

Bass Strait Forum 2000

Your Chance to Network

Launceston, Tasmania

30-11-2000 - 2-12-2000

CALL FOR PAPERS

For the first time people of many different
backgrounds have the opportunity to come
together and discuss the future of Bass Strait
and its islands.

The Forum is intended to be a celebration of the
rich cultural history and natural values of the
Bass Strait region.

It is a chance for communities to discuss the
planning and management possibilities of the
region, and share in an understanding of the
Strait's cultural and biological significance.
There will be much to explore.

FORUM OBJECTIVES

The Forum will be a multi-disciplinary event. By
providing networking opportunities, it will:

* Facilitate improved planning of the marine
environment.

* Assist with land use planning in the region.

* Provide a forum for the exchange of ideas and
information.

* Celebrate the region's rich cultural history.

The FORUM IS ORGANISED AROUND THREE THEMES

Cultural Values

History, myths and legends/usage/links with the
Strait, our place in the landscape, current
relationships and interests.

Scientific Values

Issues concerning both the marine and
terrestrial environments of Bass Strait, which
include both the southern Victorian coastline
and the northern Tasmanian coastline, and their
islands

Issues addressing any of the plethora of species
that live in the region, notions of
sustainability, endangered species and general
ecological well being of both the Strait and the
Islands.
Issues that serve to address any commercial,
recreational, residential or industrial damage
to the ecology of the region.

Planning/Management

Issues regarding the well being of current island
communities, conservation and sustainable
management of the environment, monitoring,
`ownership' and land/ sea use. Victorian,
Tasmanian and Commonwealth regulations regarding
pollution, tourism, commercial/ recreational
fishing, oil and gas, reserve planning, wildlife
management etc.

PAPERS and VISUAL DISPLAYS (which include Poster
Papers) are invited on the three themes
(Cultural/ Scientific /Planning & Management)

Papers

A 20 minutes presentation including 5 minutes
for discussion/questions.

Visual Display/Seminar Sessions

Material to be presented as a visual display
(which includes poster papers) with the author
available to respond to questions.

Intending contributors must submit a proposal
including the following.

Cover page

A cover page should include the following
information:
* Name of principal contributor and/or
presenting contributor(s)
* Postal address, phone, fax and e-mail of
principal author
* Position and place of employment or study (if
applicable)

Category of presentation (paper, visual display)
Cultural, scientific or management.

Title of presentation

Abstract

Please use a separate page for the abstract of
no more than 350 words in length. It should
include the following:

Content: Provide a summary of the material to be
presented.

Objective: The purpose of the presentation.

Presentation: Describe the mode of presentation
(group discussion, lecture) and any requirements
for the presentation (e.g. video, OHP, Power
Point).

Importance: Explain why the presentation is
important.

Theme: Indicate into which theme your paper fits.
 
 

Selection Process

The Forum committee will review papers.
Acceptance will be based on proposal content,
the time available and the need for balanced
program content.

Deadlines

Abstracts will be accepted until Friday, May 5,
2000
Notification of acceptance by Friday, May 19,
2000

Apart from supplying a hard copy of the abstract
please also supply disk copy on IBM format if
possible.

To register your paper or for further
information contact:

In Tasmania:
Christian Bell or Samira Heale
Marine & Coastal Community Network
GPO Box 567 Hobart 7001
Tasmania, Australia
Ph. (03) 62 343 665, Fax. 62 312 491
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For additional information contact:

In Victoria:
Tim Allen
Marine & Coastal Community Network
10 Parliament Place,
East Melbourne, Vic 3002, Australia
Ph (03) 96504846, Fax 92475945
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Web Site:
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Workshops

The Open Space technique will be used for the
workshops scheduled for the concluding day. The
theme for the workshops will be 'Integrated
Management for Bass Strait - Issues and
Opportunities'.

With Open Space topics for discussion at workshops can only be made in person
on the day. This allows for a very flexible and interactive process and is
designed to allow for maximum participation

Participation

The Forum seeks the input of professionals, enthusiasts, managers, the
community and Industry, academics and artists. We will not produce expensive
conference packs or advertising material and all the money goes into the Forum
itself.

The Network

The Marine and Coastal Community Network (MCCN)works to increase understanding,
appreciation, protection and management of marine and coastal environments. It
provides information and opinion from a variety of sources and initiates and
supports community involvement to conserve life in the sea.

The Venue

The Tramsheds Theatre & Function Centre is part of the former Inveresk Rail
Yards - a cultural redevelopment of a former
industrial site.

The Centre largely consists of renovated and
recycled rail buildings used by Tas Rail for the
Launceston Tramway system from 1911 to
approximately 1932. The Rail Yards also house
annexes of the Queen Victoria Museum & Art
Gallery including section dealing with the
conservation of cultural artefacts.

The Tramsheds are located only a short distance
from the CBD of Launceston and is within easy
access of city facilities.
 

Christian Bell
Marine and Coastal Community Network
Phone +61 03 62343665
Fax +61 03 62312491

GPO Box 567
Hobart TAS 7001
AUSTRALIA
 

VOLUNTEERS LEAVING

Our thanks to the following volunteers are leaving us: Tim Walter,  James Verrier, Olivia Hill and Jamie Rosewell.

Without our bank of volunteers we could not manage. Thanks also to those volunteers who have just joined and continue to be part of our team:  Bud Driver, Jocelyn Head, Adrian Dransfield, Mark Yen, Di Gee, Veronika Smith and Versanthi Subramaniam.
 

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