EDO Victoria eBulletin
No. 8 of 2008, 29 May 2008

In This Bulletin:

News

· Brown v Forestry Tasmania

· Your Water Your Say application dismissed

· Biodiversity Green Paper – submissions and seminar

· Supreme Court rule change to save paper

· EDO staff changes

Events

· EDO seminar 17 June 2008, The White Paper – how green will it be?

NEWS

Brown v Forestry Tasmania – HCA rejects application for leave to appeal

On Friday 23 May, the High Court in Melbourne ruled (2-1) against Senator Bob Brown’s application to appeal against the full Federal Court’s decision which overruled Justice Marshall’s 2006 ban on logging in Tasmania’s Wielangta Forest.

The Court, citing public interest, did not award costs against Senator Brown.

Visit http://www.on-trial.info/ for a short history of the Wielangta Forest case.


Your Water Your Say application dismissed
The Federal Court application by Your Water Your Say (YWYS) against the Federal Environment Minister and the State of Victoria in relation to the proposed desalination plant near Wonthaggi was dismissed on 16 May 2008. Justice Heerey held that YWYS's application, under the Environment Protection and Biodiversity Act 1999, should be dismissed as the Minister's delegate had not made an invalid decision to carve out preliminary works from the assessment of the Project, as these works were specifically excluded from the referral by the State. Further, it was held the Minister's delegate did consider greenhouse gas emissions (but in any event was not bound to), and YWYS had not provided any relevant evidence to show the preliminary works would cause environmental damage sufficient to justify an injunction. The question of costs will be decided on the papers.


Biodiversity Green Paper – submissions and seminar
A reminder that public submissions to the ‘Land and Biodiversity at a time of climate change’ Green Paper are due by 30 June 2008. This process will establish policy and program directions in land and biodiversity management over the next 20-50 years.

The next EDO seminar on 17 June will cover the Biodiversity Green Paper – see details in ‘Events’ below.

Visit www.dse.vic.gov.au for more information about the White Paper process, for copies of the Green Paper, and for how to have your say including the submission process and timetable of community consultation workshops.

Alternatively, the Victoria Naturally alliance has set up an online submission form made up of key points they believe need to be addressed. Visit the Victoria Naturally website to make an online submission or download a printable submission guide.


Supreme Court rule change to save paper
The Supreme Court of Victoria has amended its rules to enable the filing of documents printed all double-sided. The rule change was proposed and steered by the Environment Sub-Committee of the Associates’ Committee. The volume of paper recycled at the Court is currently around one tonne per week. The Court invites practitioners to support the amendment and submit double-sided documents to the Court. The amendment can be viewed at the Victorian Legislation and Parliamentary documents website


EDO staff changes
The EDO welcomes new part-time solicitors Emma Peppler and John Hannagan. Emma is working on the planning and environment appeals project announced in our last bulletin and brings a wealth of experience in VCAT and the Supreme Court to the role. John is assisting with policy and cases and has particular experience in forestry.

Sadly, we have farewelled solicitor Annette Jones who left this month after several years with the EDO. Annette will be missed by staff and by the many clients she had assisted. We thank Annette for her hard work and wish her well for the future.

EVENTS

EDO public seminar 17 June 2008: The White Paper – how green will it be?
The next public seminar in the EDO Seminar Series 2008 will cover the Biodiversity Green Paper and the White Paper process. Speakers include:

· Brendan Sydes, Principal Solicitor, EDO

· Joe McCoy, Project Director, Land and Biodiversity White Paper Team, DSE

· Karen Alexander, Biodiversity Campaigner, Victoria Naturally Alliance

More speakers to be announced soon.

Location: the 60L Green Building, 60 Leicester St Carlton. Tuesday 17 June 2008, 6pm. Bookings essential: call Verity McLucas on (03) 8341 3100 or email verity.mclucas@edo.org.au. There is no charge for the seminar, but donations to support our work are much appreciated.


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