EDO Victoria eBulletin
No. 13 of 2010,
22 July 2010


In This Bulletin:

News & Commentary

·          Peninsula Link community picket delays clearance

·          Parliament votes again on extension to urban growth boundary

·          EDO day volunteer program – applications/availability due by 2 August

·          EDO Seminar Series – Precautionary Principle papers available

EPBC Act – Notices of interest

VCAT decisions of interest

Events

·          VCAT Planning & Environment Appeals Workshop – August


To make a donation in support of our work as the environment’s legal team, please visit www.givenow.com.au/edovic

 


NEWS & COMMENTARY
 
Peninsula Link community picket delays clearance

Last week
EDO lawyers went to visit a community picket near Frankston, set up to stop a significant area of native vegetation from being bulldozed.

Community members formed the picket to prevent the clearing of the vegetation at 'Westerfield' to make way for the construction of the Peninsula Link (formerly known as the Frankston Bypass). 'Westerfield' is a property which contains pristine native vegetation of high conservation value and is heritage listed; however, state agency Heritage
Victoria granted a permit in March for the construction of the Peninsula Link through the property.  

The developer of the Peninsula Link, the Linking Melbourne Authority, has now agreed to delay clearing of the bushland on Westerfield until
the
Heritage Council of Victoria hands down its decision on an appeal of Heritage Victoria’s decision.  Well done to the small group of committed campaigners who kept up the picket for over a week, in cold and challenging conditions.


Parliament votes again on extension to urban growth boundary

On 27 July 2010, proposals for
Melbourne's Urban Growth Boundary – Victoria Planning Provisions Amendment VC67 – will again be put before the Victorian Parliament.  The Minister for Planning has approved Amendment VC67 and is now seeking parliamentary ratification.  Earlier this month, on 8 July 2010, the Federal Environment Minister approved the second set of classes of action endorsed under the EPBC Act, which gives the green light to development in 28 precincts within Melbourne's existing growth boundary.  Approval of more classes of actions by the Federal Environment Minister is expected soon.

For a history of this proposed expansion, see
Environmental Law Online.


EDO day volunteer program – applications/availability due by 2 August

The
EDO has up to 4 new openings for law students to participate in our volunteer program during second semester 2010. Volunteers work one full day per week at the EDO office. Places are available to law students with a genuine and demonstrable interest in environmental issues and environmental law.

Applicants should complete the form available at
our website and send it with the required attachments to the address on the form by Monday 2 August at the latest to be sure of being considered.

Students who have already lodged applications please remember to advise Mandy Johnson, at edovic (at) edo (dot) org (dot) au, which full day(s) you are available during semester as soon as you have your timetables, otherwise your application cannot be considered.


EDO Seminar Series – Precautionary Principle papers available

For those who were unable to attend our booked-out seminar, you can view the full text of Justice Bell’s address and the presentations of both Nick Wimbush and Professor Lee Godden on
our website. Thank you to all presenters for their kind permission to make these available.

The seminar series and these associated resources are provided at no charge but your
donation to help support our work would be greatly appreciated.


EPBC ACT – NOTICES OF INTEREST

Public comments are invited on the following Victorian referrals made under the EPBC Act:

·          Melbourne Geelong Interconnection Pipeline Project
The preliminary documentation for a 59km-long underground pipeline, being constructed on behalf of Barwon Region Water Authority to carry water from
Melbourne to Geelong, is on public exhibition. Several threatened flora and fauna species have been recorded along the pipeline corridor.
Comments due:
6 August 2010

·          Upgrade and sealing of Raglan-Elmhurst Road, Raglan
The Pyrenees Shire Council proposes to alter and seal the existing
Raglan-Elmhurst Road. The proposal involves removal of native vegetation and is occurring within the vicinity of a creek that is habitat for Dwarf Galaxias, an endangered fish species.
Comments due:
26 July 2010



VCAT DECISIONS OF INTEREST

Legitimacy of social housing and green travel plan conditions

In the decision Merri Merri Developments Pty Ltd v Darebin CC, handed down by Senior Member Byard and Member Naylor on 9 July 2010, the Tribunal considered the appropriateness of imposing conditions on a permit for a 93-dwelling apartment building that require a percentage of the housing to be “social housing”, and a condition to require a green travel plan. The full summary can be found on
AustLII.


EVENTS

VCAT Planning & Environment Appeals Workshop – August

The next
VCAT Planning & Environment Appeals workshop will be held at The 60L Green Building on Thursday 19 August 2010 from 5.30pm–7.30pm.

Individuals and community-based conservation groups can learn how to most effectively participate and represent themselves in planning and environment matters before
VCAT. This 2 hour workshop presented by an EDO lawyer, gives members of the community practical and legally-focused information about VCAT proceedings and hearings with plenty of opportunity and encouragement for questions and participation.

RSVP:
EDO Victoria (03) 8341 3100 or edovic (at) edo (dot) org (dot) au. For more details and future dates, see our website.

Please note: These workshops are not intended as professional development training.


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The Environment Defenders Office is an independent, not for profit, community legal service, specialising in public interest environmental law. With your support we can provide access to justice for people fighting for an environmental cause on behalf of their community. To join the EDO, please go to edo.org.au/edovic/membership.html or to donate, please visit www.givenow.com.au/edovic

 

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