Climate Change & Energy

EDO NSW has produced a number of resources on climate change and energy

EDO NSW undertakes law reform work relevant to climate change and energy. Read our submissions below.

EDO NSW represents individuals and community groups in public interest litigation to protect the environment. Read about our past cases on climate change and energy.

See current opportunities for law reform in this area at Have Your Say about climate change and energy.

planning for climate chnage report coverPlanning for climate change: how the NSW planning system can better tackle greenhouse gas emissions
July 2016

This special report makes 14 recommendations on how the NSW planning system can be improved to help mitigate the future impacts and costs of climate change.

Read more »

submissions

EDOs of Australia submission to the inquiry into the impacts of climate change on marine fisheries and biodiversity

November 2016 - Download PDF

Our submission focusses on the adequacy of current and proposed marine biodiversity protections,with particular reference to the regulatory framework for managing the impacts of climate change on marine fisheries and biodiversity. Our comments and recommendations are set out in three key sections: background context; assessing climate change readiness; and legislative frameworks for marine biodiversity.

EDOs of Australia submission to the Senate Inquiry into retirement of coal fired power plants

November 2016 - Download PDF

In our submission we:

  • recommend that National Energy Market laws and decisions must integrate carbon emissions and targets;
  • argue that improved emissions standards and improved federal oversight are needed to drive clean energy;
  • call for a review and improvement of subsidies and tax concessions for supporting communities in transition; and
  • summarise how the Paris Agreement commitments and Sustainable Development Goals can complement one another.

EDOs of Australia supports open discussions between Australian communities, their representatives and other stakeholders to ensure a just transition to clean energy, productive livelihoods, and a safe and stable climate. A rapid transition is imperative, and if well-managed through coordinated effort, will be positive from an environmental, social and economic point of view.

Draft Wind Energy Assessment Policy NSW

September 2016 – Download PDF

This EDO NSW submission on the NSW Department of Planning and Environment’s draft Wind Energy Assessment Policy makes a number of recommendations on how the NSW Government can improve its wind energy planning framework.

We welcome the Government’s proposal for a more risk-based assessment approach. In our submission, we make a number of recommendations on how the assessment framework can be improved to encourage reductions in greenhouse gas emissions to avoid the dangers of global warming.

In particular, the final Policy should give significant weight to reducing greenhouse gas emissions. While this gap can – and should – be addressed in the final Policy, progress is likely to be frustrated by a lack of legislated targets for renewable energy or emissions reduction in NSW. For more, see our July 2016 report Planning for climate change: how the NSW planning system can better tackle greenhouse gas emissions.

Submission to the Inquiry into regional planning processes in NSW

February 2016 - Download PDF

This EDO NSW submission focuses on five issues that are critical to regional planning:

  1. Ecologically sustainable development (ESD) – confirm ESD as an overarching guiding principle for regional development.
  2. Strategic planning – should be legislated, coordinated, evidence-based, apply ESD principles, and maintain or improve environmental outcomes to support our society and economy. 
  3. Natural resource management (NRM) goals and data – adopt statewide NRM goals and targets that can apply to the regions. Invest in data on ecosystems their services, including a state environmental accounts framework.
  4. Climate change readiness – NSW needs a greenhouse mitigation strategy and targets linked to the planning system. Any future regional planning framework must consider climate change risks and impacts (mitigation and adaptation).
  5. Community engagement – regional communities, including Aboriginal communities and Traditional Owners, should have better, earlier and more accessible ways to help plan the future of their towns, cities and environments.

EDOs of Australia submission on Motor Vehicle Standards (Cheaper Transport) Bill 2014 Inquiry

2 October 2015 - Download PDF

EDOs of Australia supports the Bill’s rationale and intent to introduce new mandatory carbon pollution standards for light vehicles in Australia. 

Such standards are a cost effective way to contribute to Australia’s mitigation challenge, as a part of a broader set of emission reduction policies. These standards could be given effect either as a standalone Act or as a new part in the Motor Vehicle Standards Act 1989 (Cth).

The Committee should also consider increasing the level of penalties, remedies and cost recovery options under the Bill.

Submission on Inquiry into the Commonwealth’s treaty-making process

27 February 2015 - Download PDF 

ANEDO Submission on the Energy Green Paper 2014

4 November Download PDF

Submission on State Based Emission Trading

21 November 2005 - Download PDF

Submission on the Building Sustainability Index (BASIX) Target Review

31 January 2014 - Download PDF

ANEDO submission on the Australian Government Energy Issues Paper

7 February 2014 - Download PDF

Submission on revised ASX Corporate Governance Principles

November 2013 - Download PDF

Response to consultation on draft Protection of the Environment Operations Amendment (Wind Farms) Regulation 2012 

January 2013 - Download PDF

Submission on the Draft NSW Renewable Energy Action Plan 

October 2012 - Download PDF

ANEDO Submission on Productivity Commission Draft Report: Barriers to Effective Climate Change Adaptation

8 June 2012 - Download PDF

ANEDO Submission on the Renewable Energy Target Review - Issues Paper 

14 September 2012 - Download PDF

ANEDO Submission on the Draft Energy White Paper

16 March 2012 - Download PDF

ANEDO Submission on Light Vehicles CO2 Emissions Standards for Australia

30 November 2011 - Download PDF

ANEDO Submission on Australia's Clean Energy Future Legislation 

22 September 2011 - Download PDF

ANEDO Submission on the Clean Energy Legislative Package

22 Aug 2011 - Download PDF

ANEDO Submission to the House of Representatives Committee Inquiry into Australia’s biodiversity in a changing climate 

5 Aug 2011 - Download PDF

ANEDO Submission on the positive and negative lists for the Carbon Farming Initiative

29 June 2011 - Download PDF

ANEDO Submission to the Senate Environment and Communications Legislation Committee Inquiry into the Carbon Farming Initiative Bills 

8 April 2011 - Download PDF

ANEDO Submission on the Design of the Carbon Farming Initiative

21 Jan 2011 - Download PDF

ANEDO Submission on the Inter-departmental Task Group Discussion Paper - A Cleaner Future For Power Stations 

24 Dec 2010 - Download PDF

ANEDO Submission on the Discussion Paper: Treatment of voluntarily purchased renewable energy in the National Greenhouse and Energy Reporting System 

10th September 2010 - Download PDF

Submission on the draft Minister's Requirements under the Coastal Protection Act 1979 

10 September 2010 - Download PDF

Submission on the Protection of the Environment Operations (Clean Air) Regulation 2010 

1 July 2010 - Download PDF

Submission on the Prime Minister's Task Group on Energy Efficiency Issues Paper

3 May 2010 - Download PDF

ANEDO Submission on Enhancing the Renewable Energy Target Discussion Paper 

14 April 2010 - Download PDF

Submission to Standing Committee on Natural Resource Management (Climate Change) - Sustainable Water Management Inquiry 

March 2010 - Download PDF

ANEDO Submission on Native Vegetation Laws, Greenhouse Gas Abatement and Climate Change Measures

10 March 2010 - Download PDF

ANEDO Submission on Discussion Paper 4 - Treatment of new waste coal mine gas power generation in the RET and Discussion Paper 5 - the treatment of 'Solar Credits" Renewable Energy Certificates under the RET

28 January 2010 - Download PDF

Submission to the NSW Office of Fair Trading on Draft Residential Tenancies Bill 2009 

18 December 2009 - Download PDF

Submission to the NSW Department of Planning on the Draft NSW Coastal Planning Guideline: Adapting to Sea Level Rise

11 December 2009 - Download PDF

ANEDO Submission on the Discussion Papers for the National Energy Policy Framework 

29 May 2009 - Download PDF

ANEDO Submission on the Carbon Pollution Reduction Scheme - draft exposure legislation

14 April 2009 - Download PDF

Submission to the NSW Department of Environment and Climate Change on the Draft Sea Level Rise Policy Statement 

9 April 2009 - Download PDF

ANEDO Submission on the draft National Carbon Offset Standard

6 March 2009 - Download PDF

ANEDO Submission on the investment of Commonwealth and State funds in public passenger transport infrastructure and services

March 2009 - Download PDF

Submission to the Independent Pricing and Regulatory Tribunal (IPART) on the Review of NSW Climate Change Mitigation Measures – Other Industries Issues Paper 

20 February 2009 - Download PDF

Consultation Paper: National Greenhouse and Energy Reporting Act 2007 

13 February 2009 - Download PDF

ANEDO Submission on the Renewable Energy Target scheme – exposure draft legislation 

13 February 2009 - Download PDF

Submission to the Royal Society – ‘Geoengineering climate’

15 December 2008 - Download PDF

ANEDO Submission on the Carbon Pollution Reduction Scheme Green Paper

10 September 2008 - Download PDF

ANEDO Submission to the Inquiry into the Renewable Energy (Electricity) Amendment (Feed in Tariff) Bill 2008 

13 August 2008 - Download PDF

Submission to the ACCC on the Issues Paper: The Trade Practices Act and carbon offset claims

15 February 2008 - Download PDF

ANEDO Submission to the Senate Inquiry into the Offshore Petroleum Amendment (Greenhouse Gas Storage) Bill 2008 & 3 related Bills

12 August 2008 - Download PDF

ANEDO Submission to the Inquiry into the implementation, operation and administration of the Legislation underpinning carbon sink forests

31 July 2008 - Download PDF

ANEDO Submission to the COAG Working Group on Climate Change and Water - Design Options for the Expanded National Renewable Energy Target Scheme

30 July 2008 - Download PDF

ANEDO Submission on the draft Offshore Petroleum Amendment (Greenhouse Gas Storage) Bill

27 June 2008 - Download PDF

ANEDO Submission on the National Aviation Policy Statement Issues Paper

27 June 2008 - Download PDF

ANEDO Submission on the Inquiry into climate change and environmental impacts on coastal communities

7 June 2008 - Download PDF

ANEDO Submission on the Garnaut Climate Change review - Emissions Trading Scheme Discussion Paper

18 April 2008 - Download PDF

ANEDO Model Climate Law Project - Discussion paper

17 April 2008 - Download PDF

ANEDO Submission on the Garnaut Climate Change review - Interim Report to the Commonwealth, State and Territory Governments of Australia

11 April 2008 - Download PDF

ANEDO Submission on the Garnaut Climate Change Review - Issues Paper 4 Research and Development: Low Emissions Energy Technologies

11 April 2008 - Download PDF

ANEDO Submission on the National Greenhouse and Energy Reporting System Regulations Policy Paper 2008

27 February 2008 - Download PDF

ANEDO Submission regarding abatement incentives prior to the commencement of the Australian Emissions Trading Scheme

7 December 2007 - Download PDF

Submission to the Natural Resource Management (Climate Change) Inquiry

6 December 2007 - Download PDF

ANEDO Submission on the National Greenhouse and Energy Reporting System Regulations Discussion Paper 2007

23 November 2007 - Download PDF

ANEDO Submission on the National Greenhouse and Energy Reporting Bill 2007

27 August 2007 - Download PDF

Submission on Renewable Energy (New South Wales) Bill 2007

27 July 2007 - Download PDF

ANEDO Submission on Prime Minister's Task Group on Emissions Trading - Issues Paper

7 March 2007 - Download PDF

ANEDO Submission regarding the Possible Design for a National Greenhouse Gas Emissions Trading Scheme

22 December 2006 - Download PDF

Amendments to the National Electricity Law

24 August 2004 - Download PDF

ANEDO Submission to Renewable Energy Target Review

16 May 2014 - Download PDF

briefing notes

Briefing note on fast start funding for adaptation to climate change in Small Island Developing States

11 December 2009 - Download PDF

discussion papers

Planning for climate change: how the NSW planning system can better tackle greenhouse gas emissions

July 2016 - Download PDF

The NSW Government is proposing to make changes to the Environmental Planning and Assessment Act 1979. This presents an opportunity to make amendments to address the most important and urgent challenge we face – planning for climate change.

Major projects such as CSG and coal mining continue to receive approval without proper consideration of the future climate impacts of those projects.

In this report, we make 14 key recommendations on how the planning system can be improved to help mitigate the future impacts and costs of climate change.

Please note: Table 1 (on page 10 of the report) has been updated from the version first published. The download above contains the new corrected version. View the updated table » 

For more about why we have released this report, and what it means, read our blog post How can NSW better tackle greenhouse gas emissions?, 27 July 2016.

The case for regulating carbon dioxide emissions using the load-based licensing scheme - Discussion paper

21 July 2010 - Download PDF

Climate change and the legal framework for biodiversity protection in Australia: a legal and scientific analysis

Climate change has profound implications for biodiversity conservation in Australia. It will require us to re-evaluate our current approach to conservation, which will involve consideration of ethical questions such as what to protect and why. It will require dynamic and responsive tools, and overarching approaches.

This paper analyses the current legal regime at a Federal level in Australia and its adequacy to protect biodiversity under climate change. The paper was prepared with the assistance of a number of legal and scientific experts who provided written feedback on a draft discussion paper, and attended a one-day roundtable.

The first part of the paper outlines the predicted impacts of climate change on biodiversity and identifies general scientific principles for the protection of biodiversity under climate change.

The second part of the paper describes and analyses a range of legislative tools in terms of their efficacy in protecting biodiversity currently, as well as how adaptive and applicable they will continue to be in the future, in light of climate change.

The paper provides a set of recommendations for legislative and policy reform necessary for the conservation of biodiversity under climate change.

2009 - Download PDF

Climate change and the legal framework for biodiversity protection in NSW: a legal and scientific analysis

Climate change has profound implications for biodiversity conservation in NSW. It will require us to re-evaluate our current approach to conservation, which will involve consideration of ethical questions such as what to protect and why. It will require dynamic and responsive tools, and overarching approaches.

This paper analyses the current legal regime in NSW and its adequacy to protect biodiversity under climate change. The paper was prepared with the assistance of a number of legal and scientific experts who provided written feedback on a draft discussion paper, and attended a one-day roundtable.

The first part of the paper outlines the predicted impacts of climate change on biodiversity and identifies general scientific principles for the protection of biodiversity under climate change.

The second part of the paper describes and analyses a range of legislative tools in terms of their efficacy in protecting biodiversity currently, as well as how adaptive and applicable they will continue to be in the future, in light of climate change.

2009 - Download PDF

Model Climate Law Project - Discussion paper

The aim of this Discussion Paper is to highlight some of the issues we would like to see addressed by comprehensive national climate change legislation.

We ask the question: if Australia was to introduce a national Climate Change Act, what should it cover?

A comprehensive plan to address climate change requires more than just the establishment of an emissions trading scheme, and it is clear that there are a number of key elements that should form part of the legislative architecture.

This Paper by no means presents a definitive list of necessary actions, rather it identifies ideas for discussion and development.

2008 - Download PDF

Global Climate Change and the Great Barrier Reef: Australia's obligations under the World Heritage Convention

September 2004 - Download PDF