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EDO NSW EBULLETIN – 13 January 2017: Number 988

EDO News Court & Compliance Law Reform & Policy
Have Your Say Community News Support our work

EDO NSW News and Events  

How can you help defend the environment this year?

Welcome to the first eBulletin for 2017. We’ve got a bumper edition for you to kick off the year.

As an eBulletin subscriber, your support is important to us – you sustain us and help spread the word about defending the environment through law. But are you aware of all the ways you can get involved in our work? Why not check out 10 ways to defend the environment this year.

Read more » 

 

Case win: Community group forces stricter environmental protections for CSG project

We’re delighted to report that our client, Western Downs Alliance, has successfully negotiated the addition of important environmental conditions to the Santos GLNG Gas Field Development Project in the Surat Basin, Queensland.

The conditions will ensure that Santos cannot dispose`of CSG waste water into local rivers and streams without first having such plans assessed and approved by the Federal Environment Minister.

The case, which would have been the first to test the Federal Government’s ‘water trigger’, didn’t make it to court – the Minister and Santos agreed to add the conditions to the approval before the case was heard.

Many of you are concerned about the impacts of this substantial CSG project, and argue that it should not have been approved. But these new conditions should be seen as a win for environmental protection and the integrity of the water trigger, which is an important part of Australia’s environmental laws

Read more » 

 

Case update: Millers Point Fund v Lendlease – Crown Casino at Barangaroo

Late last year the Court delivered judgment for a legal challenge brought on behalf of our client, the Millers Point Fund, against the Crown Casino development at Barangaroo in Sydney to be located on a site previously reserved for public parkland.

On 23 December 2016, the Land and Environment Court upheld the consent and modification to the concept plan that allow the Casino to be built on the foreshore at the site.

We’re currently studying the judgment to understand the implications of this important test case for our planning laws.

More about the case »

 

Helping protect PNG’s sea cucumber fishery

We’re excited to announce the release of the report Interactive Governance Analysis of the Beche-De-Mer `Fish Chain' from Papua New Guinea to Asian Markets.

We were part of this research project that will help the Papua New Guinea Government to ensure the sustainability of the PNG sea cucumber fishery. 

Tropical sea cucumber, called bêche-de-mer in its dried form, is a luxury seafood. The PNG Government banned exports and closed the fishery in 2009 due to overfishing. It is preparing to re-open the fishery in 2017 under a new sea cucumber fishery Management Plan.

This study, led by Associate Professor Kate Barclay at the University of Technology Sydney, conducted a governance analysis to help the PNG Government and stakeholders to ensure the effectiveness of the new Management Plan.

EDO NSW drafted the legal analysis for the governance section of the report, and provided general legal and policy analysis into the project.

Read more »

Report cover

 


Court and Compliance watch

AGL Energy fined for undisclosed political donations

The Land and Environment Court has fined AGL Energy Ltd $124,000 plus costs after the company pleaded guilty to making 11 undisclosed political donations between 2008 and 2014.

In 2015, we provided advice to a community group on this matter, which ultimately led to the prosecution.

Read more »

 

Concrete supplier to pay $72,000 to local landcare groups

Hurd Haulage Pty Ltd has entered into an Enforceable Undertaking with the NSW Environment Protection Authority (EPA) for improperly disposing of by-products at a number of sites, including at its quarry in Cooperabung and a site in Kooragang, Newcastle.

The company has agreed to pay Hastings Landcare and Macleay Landcare $36,000 each toward their environmental works.

Read more »

 

BlueScope Steel fined for fish kill

The NSW Environment Protection Authority (EPA) has fined BlueScope Steel $15,000 for discharging cyanide-contaminated water into a drain at its Port Kembla steelworks.

Investigators found a small number of dead and distressed fish in the drain, but no impacts to fish in Port Kembla Harbour were found.

Read more »

 

Mining Company to pay for dam overflow

Bengalla Mining Company Pty Limited has entered into an Enforceable Undertaking with the NSW Environment Protection Authority to pay $50,000 to Muswellbrook Shire Council after two of the company’s Muswellbrook coal mine sediment dams overflowed due to insufficient capacity in January 2016.

Approximately 1.8 megalitres of saline water and sediment was discharged into the Dry Creek catchment, which runs into the Hunter River. 

Read more »

 

Asbestos removal company fined for supplying false information

The Land and Environment Court has fined Complete Asbestos Removal Pty Ltd and its sole director and secretary, Mr Peter Endacott, $138,000 plus costs for supplying false or misleading information.

The company provided certificates to the Environment Protection Authority (EPA) that were found to have been forged by Mr Endacott. The Court fined Mr Endacott a total of $114,000 for three offences. The company received a $24,000 fine, and both the company and Mr Endacott were ordered to pay $25,000 toward the EPA’s costs.

Read more »

 

Service station fined for non-compliant diesel

The Department of the Environment and Energy has issued a $90,000 infringement notice to a service station in Melbourne for supplying diesel fuel that did not have a flash point required by the Fuel Standard (Automotive Diesel) Determination 2001.

Read more »


Law Reform and Policy Watch 

Submission on the Gwydir Water Resource Plan Surface Water Issues Paper

We have made a submission to the NSW Department of Primary Industries on its Gwydir Water Resource Plan Surface Water Issues Paper

Water resource plans (WRPs) are being developed by each Basin state to fulfil the requirements of the Basin Plan. WRPs will set out how water will be shared between different users, including the environment, in a given ‘water resource area’ (WRA). They will set out how much water will be available for rivers, aquifers, wetlands and other water-dependent ecosystems. Draft WRPs are being preceded by issues papers for each WRA. The first of these Issues Papers concerns surface water in the Gwydir catchment.

Our submission highlights the importance of maintaining rules that protect environmental water and the Ramsar listed Gwydir wetlands, and ensuring that water sharing complies with Australian law.

Read our submission »

 

Submission on proposed medium density housing code and design guide

We have made a submission to the NSW Department of Planning and Environment’s proposal to make more types of medium density housing complying development. (A complying development does not require council development assessment and approval if it complies with code standards and can be certified by a private certifier).

Our submission identifies seven key concerns with expanding the use of complying development.

Read our submission »

 

An environmental vision for Sydney

A panel of 15 peak environmental groups has produced an environmental vision for the Greater Sydney Commission (GSC).

The Environment Panel Advisory Paper for the Greater Sydney Commission addresses key environmental issues such as waterways, climate change, energy efficiency, and local character, and makes recommendations for future decision making by the GSC.

The panel was co-convened by Total Environment Centre and GSC Environment Commissioner Rod Simpson.

Read more »

 

Sharing & Enabling Environmental Data (SEED) online portal launched

The NSW Government has launched the first stage of the SEED (Sharing & Enabling Environmental Data) Portal.

The Portal currently contains 70 data sets on soil, air and water quality, mining activities and vegetation. Users can view data on a built-in map, and overlay different types of data for a location. Resources are provided to help users understand the data, and data can be downloaded.

The Portal was developed in response to recommendations from a 2014 review into coal seam gas mining by the Office of the NSW Chief Scientist and Engineer.

Read more »

 

Wind energy framework released

The NSW Government has released its new Wind Energy Framework. The new framework includes changes to the visual assessment methodology and provisions for bushfire protection, benefit sharing and negotiated agreements.

Read more »

 

Recent EDO NSW submissions and reports

Read all of our law reform submissions and briefing papers on our website.

 

New legislation introduced to Parliament

Australian Parliament

  • The Australian Parliament is in recess until 7 February 2017.

 

NSW Parliament

  • The NSW Parliament is in recess until 14 February 2017.

 

Local Environmental Plan tracking

  • St Peters – Reclassifying of land at 180 Princes Highway from ‘community’ to ‘operational’.
  • Blayney – Repeal the Blayney Local Environmental Plan 1998.
  • Byron Bay – Rezoning 268 Ewingsdale Road to light industrial.
  • Penrith – Amendments to permit high density residential use, Victoria Street, Werrington.
  • Parramatta – Increase in density, Macquarie Street and Part 1A Civic Place.
  • The Hills Shire – Amendment to split The Hills LEP in line with council amalgamations.
  • Hunters Hill – Amendments to building height and floor space ratio, Gladesville Village Shopping Centre.
  • Blacktown – Rezoning to permit low density residential development, Brighton and Bligh Streets Riverstone.

To access the LEP tracking system, visit the Department of Planning and Environment website. Read more about LEPs in our Fact Sheets. Visit your local council’s website to see if there are any planning proposals or LEP changes open for public comment.


Have Your Say Alerts – Opportunities to Comment

This eBulletin provides alerts for opportunities to comment on changes to law and policy, and activities that may impact the environment in your area. For a comprehensive list of current opportunities to have your say on a range of environment and planning matters, visit our Have Your Say site.

This online resource also helps the community to effectively engage with decision-makers and request a workshop for your community. We are always trying to improve our community resources and are currently seeking feedback on the effectiveness of Have Your Say. You can help us out by checking out the site and completing a short three-question survey.

 

Consultations

  • Coastal management reforms – deadline extended

The NSW Department of Planning and Environment and the Office of Environment and Heritage have extended the deadline for public submissions on a new coastal management framework.

Key documents for the consultation are a draft Coastal Management State Environmental Planning Policy (SEPP), draft maps of the coastal management areas that make up the coastal zone, and a draft Ministerial direction on rezoning land in the coastal zone and amending the coastal zone maps.

Read our February 2016 submission on the reforms.

Submissions are now invited until Friday 20 January 2017.

Read more and have your say »

 

  • Western Sydney airport forum

The Australian Department of Infrastructure and Regional Development has released a call for nominations to the Forum on Western Sydney Airport.

The Forum is the first step in designing the flight paths for the new airport at Badgerys Creek, in Sydney’s West. It will promote engagement between the community and representatives of an Expert Steering Group, and will provide a chance for community members and organisations to raise issues about the planning and development of the airport, particularly the airspace and flightpath design.

The Forum will include up to eight community representatives. Anyone with experience or background that would contribute effectively to the Forum is invited to express their interest.

Nominations are invited until Tuesday 24 January 2017.

Read more and make a nomination »

 

  • Contestability of energy services

The Australian Energy Market Commission is calling for public submissions on two proposed changes to the contestability of energy services in Australia. The changes relate to the classification of distribution services and the rules that govern distribution businesses.

Submissions are invited until Wednesday 25 January 2017.

Read more and have your say »

 

  • Fire safety reforms

The NSW Department of Planning and Environment and the Department of Finance, Services and Innovation are calling for submissions on draft changes to the Environmental Planning and Assessment Regulation 2000. Changes relate to fire safety in the design, consultation and approval of new buildings, and the maintenance of existing buildings.

Submissions are invited until Tuesday 31 January 2017.

Read more and have your say »

 

  • 2017 offshore petroleum exploration acreage release

The Australian Department of Industry, Innovation and Science is calling for submissions on the 2017 Offshore Petroleum Exploration Acreage Release.

The annual release is a key part of the Government's strategy to encourage petroleum exploration in Australia’s offshore waters. Once an area is approved, companies can apply for a permit to explore in that area. If a permit is awarded, the holder can then apply to Australia's offshore petroleum regulator, NOPSEMA, for permission to undertake exploration.

Submissions are invited until Tuesday 7 February 2017.

Read more and have your say »

 

  • Vineyard development

The NSW Department of Planning and Environment is inviting feedback on the draft Plan and supporting studies for Stage 1 of the Vineyard development in Riverstone in Sydney’s west.

Submissions are invited until Friday 17 February 2017.

Read more and have your say »

 

  • Future security of the national electricity market

The Australian Department of the Environment and Energy is calling for public submissions on the Preliminary Report on the Independent Review into the Future Security of the National Electricity Market.

Submissions are invited until Tuesday 21 February 2017.

Read more and have your say »

 

  • Nominations for the National Heritage List

The Australian Department of the Environment and Energy is calling for nominations for places to be added to the National Heritage List. The List contains places of exceptional natural, Indigenous, or historic significance to the nation.

Nominations are open until Tuesday 28 February 2017.

Read more and have your say »

 

  • Better fuel for cleaner air

The Australian Department of the Environment and Energy is seeking industry and community views on policy options and legal instruments to improve Australia’s fuel quality to reduce noxious emissions.

The Department is calling for comments on a discussion paper, Better fuel for cleaner air. Responses will inform the development and costing of a set of policy alternatives.

Submissions are invited until Friday 10 March 2017.

Read more and have your say »

 

  • Proposed vehicle emissions and fuel quality measures

The Australian Department of Infrastructure and Regional Development and the Department of the Environment and Energy are calling for public submissions on three draft documents on vehicle emissions and fuel quality:

  • Better fuel for cleaner air, on options for improving fuel quality.
  • Draft Regulation Impact Statement: Improving the efficiency of new light vehicles.
  • Draft Regulation Impact Statement: Vehicle emissions standards for cleaner air.

Submissions are invited until Friday 10 March 2017.

Read more and have your say »

 

  • Proposed overhaul of NSW planning laws

The NSW Department of Planning and Environment is calling for public comments on significant changes to NSW’s planning laws. The proposals would amend the Environmental Planning and Assessment Act 1979 across a number of aspects of the planning process, including community consultation, environmental impact assessment, building provisions, design, and enforcement.

Submissions are invited until Friday 10 March 2017.

Read more and have your say »

 

  • Far west regional plan

The NSW Department of Planning and Environment is calling for public submissions on its Draft Far West Regional Plan. The 20-year plan covers council areas of Balranald, Bourke, Brewarrina, Broken Hill, Central Darling, Cobar, Walgett, and Wentworth.

Submissions are invited until Monday 13 March 2017.

Read more and have your say »

 

  • New England north west regional plan

The NSW Department of Planning and Environment is calling for public submissions on its Draft New England North West Regional Plan. The 20-year plan covers  the council areas of Armidale, Glen Innes Severn, Gunnedah, Gwydir, Inverell, Liverpool Plains, Moree Plains, Narrabri, Tamworth Regional, Tenterfield, Uralla and Walcha.

Submissions are invited until Monday 20 March 2017.

Read more and have your say »

 

  • National phase-down of mercury

The Australian Department of the Environment and Energy is calling for submissions on the options for and impacts of Australia meeting the obligations of the international Minamata Convention on Mercury. The Department has released two exposure drafts for which it is seeking comments.

Submissions are now invited until Friday 17 March 2017.

Read more and have your say »

 

  • Proposed National Heritage Listing – Quinkan Country

The Australian Heritage Council is assessing Quinkan Country, Cook Shire, Queensland, for potential inclusion in the National Heritage List. The List recognises places that are of outstanding heritage value to the nation for their natural, Indigenous and/or historic heritage values.

The Council's initial assessment indicates that the Country may have National Heritage values. It has released a draft description of the potential National Heritage values of the area.

Submissions are invited until Friday 21 April 2017.

Read more and have your say »

 

  • Recovery plan for the Grey-headed Flying-fox

The Australian Department of the Environment and Energy is calling for public submissions on a draft recovery plan for the Grey-headed Flying-fox (Pteropus poliocephalus).

The draft plan sets out the research and management actions needed to stop the species’ decline and to support its recovery.

Submissions are now invited until Monday 24 April 2017.

Read more and have your say » 

 

  • Threatened Species and Endangered Ecological Community Listing Consultations

For a full listing of threatened species and endangered ecological community listings currently open for public comment, visit the NSW Office of Environment and Heritage website and the Australian Department of the Environment website.

 

For a full listing of fisheries assessments currently open for public comment, visit the NSW Department of Primary Industries website and the Australian Department of the Environment website.

 

Legislative reviews

  • No new legislative reviews have been announced since the last eBulletin.

 

Major Project proposals: Invitation to comment

  • Thredbo – Alterations and additions to Snowstreams Apartment 11 – Submissions invited until Tuesday 28 February 2017.
  • Bomaderry – Modifications to allow an increased proportion of ‘beverage’ grade ethanol produced at Shoalhaven Starches Plant – Submissions invited until Tuesday 31 January 2017.
  • Tamworth – Developer monetary contribution, Moore Creek Road – Submissions invited until Tuesday 31 January 2017.
  • Pitt Town – Developer monetary contribution, Wells and Hall streets – Submissions invited until Tuesday 31 January 2017.
  • Thredbo – Extension of entrance to Granite Peaks tourist accommodation – Submissions invited until Tuesday 31 January 2017.
  • Sydney – Redevelopment of Harbourside Shopping Centre – Submissions invited until Tuesday 14 February 2017.
  • Ballina – Ballina High School Redevelopment – Submissions invited until Tuesday 31 January 2017.
  • Darling Harbour – Demolition of existing structures, Cockle Bay Wharf – Submissions invited until Tuesday 14 February 2017.
  • Wetherill Park – Stage 2, Horsley Drive Business Park – Submissions invited until Tuesday 31 January 2017.
  • Louth Park – Developer monetary contribution, Dagworth Road – Submissions invited until Tuesday 31 January 2017.
  • Port Botany – Increased capacity for Vopak Bulk Liquids Facility – Submissions invited until Tuesday 14 February 2017.
  • Moorebank – Construction and operation of warehouses and distribution facilities on the SIMTA site – Submissions invited until Friday 3 February 2017.
  • Wollondilly – Developer monetary contribution, Marsh Street, Silverdale – Submissions invited until Tuesday 31 January 2017.
  • Wollondilly – Developer monetary contribution, Brundah Road, Thirlmere – Submissions invited until Tuesday 31 January 2017.
  • Wollondilly – Developer monetary contribution, Marion Street, Thirlmere – Submissions invited until Tuesday 31 January 2017.
  • Wollondilly – Developer monetary contribution, Leonard Street, Thirlmere – Submissions invited until Tuesday 31 January 2017.
  • Lake Macquarie – Developer monetary contribution, Neilson Street, Edgeworth – Submissions invited until Tuesday 31 January 2017.
  • Newcastle – Conversion of part of the former steelworks site at Mayfield as an open air cargo storage facility – Submissions invited until Tuesday 31 January 2017.

For a full listing of major project proposals currently open for public comment, visit the Department of Planning and Environment’s website. To learn more about the planning process for major projects, read our Fact Sheet on State Significant Development and State Significant Infrastructure.

 

EPBC Referrals: Invitation to comment

  • Elsternwick, VIC – Sale of ABC production support facilities, Selwyn Street – Submissions invited until Wednesday 25 January 2017.
  • Gladstone, QLD – Clearing of vegetation and establishment and operation of a clay extraction pit – Submissions invited until Monday 23 January 2017.
  • Bellmere, QLD – Master planned residential development, Old North Road – Submissions invited until Thursday 19 January 2017.
  • Carnavon, WA – Construction, mining, processing, decommissioning and rehabilitation of rare earth mine (Yangibana Rare Earths Project) – Submissions invited until Tuesday 17 January 2017.
  • Alberton West, VIC – Construction of a 34-turbine wind farm – Submissions invited until Tuesday 17 January 2017.
  • Derby, WA – Reconstruction of seawall and capital dewatering of Koolan Island Mine pit – Submissions invited until Tuesday 17 January 2017.
  • Harrisdale, WA – Residential development and bushfire protection, Reilly Road – Submissions invited until Tuesday 17 January 2017.

Referrals under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) can be viewed on the Australian Environment Department’s website. To learn more, read our Fact Sheet on the EPBC Act.

 

Plans of Management: Invitation to comment

  • No new National Park plans of management have been placed on exhibition since the last eBulletin.

The full listing of plans of management for protected areas can be viewed on the Office of Environment and Heritage website. To learn more about the Plans of Management, see our Fact Sheet on Protected Areas.

 

New Coal and Petroleum Exploration Licence Applications

  • No new coal or petroleum exploration licence applications have been listed since the last eBulletin.

To view current coal and petroleum (including CSG) exploration licence applications and approvals, visit the Minerals and Petroleum website. The NSW Government Gazette also contains a list of all exploration and mining lease applications and determinations. Public comment can be made on coal and petroleum (including CSG) exploration licence applications on the Minerals and Petroleum website. To learn more, read the EDO NSW publication Mining Law in NSW: A guide for the community.


Community News

New this week

Environmental law year in review

The Australian Centre for Climate and Environmental Law (ACCEL) is holding its inaugural 'Year in Review' in February 2017. At this one-day event, speakers will provide insights on the implications of key developments in climate and environmental law in 2016, in areas such as biodiversity, coastal management, natural resources, and mining.

Early bird registrations close on Friday 27 January 2017.

When: Friday 24 February 2017
Where: Stockland Building, level 18, 133 Castlereagh St, Sydney

Read more »

 

Online database of international coal litigation strategies

The Environmental Law Alliance Worldwide (ELAW) has launched Coal Litigation Strategies, an online tool for grassroots lawyers working on cases relating to proposals to build or expand coal-fired power plants.

The tool includes a description of legal strategies used around the world and a database of administrative and court decisions. The site is expected to grow as new cases are run.

Read more »

 

Climate Change and Environmental Legislation

How can climate change be accommodated within environmental law? This one day conference will consider how environmental laws can be reformed to accommodate climate change and sustainable development concepts, internationally and in Western Australia.

The conference is being presented by NELA WA, the International Bar Association, Glen McLeod Lawyers and Murdoch University.

When:  Friday 17 February 2017
Where:  Murdoch University, 90 South St, Murdoch, WA

Read more »

 

Senior roles at environment and planning agencies

A number of key senior positions are currently being advertised at NSW environment and planning agencies:

More NSW environment positions »

From last eBulletin

Environmental Law: What Can We Do Better?

A selection of papers from the National Environmental Law Association Conference 2016 are available online, including our Policy and Law Reform Director Rachel Walmsley’s presentation on ‘Biodiversity laws – Are we making progress?

Read the papers online »

 

Women's environmental leadership program 2017

Are you a woman, an active environmentalist and living in Australia? The Women’s Environmental Leadership Australia (WELA) program is calling for applications for its 2017 program.

WELA is designed by and for women environmentalists. The 12-day 2017 residential program will examine critically ideas about women taking even more environmental leadership in Australia.

Applications for WELA 2017 close on Friday 10 February 2017.

Read more » 


Support EDO NSW

Help protect our precious biodiversity

The NSW Government has passed legislation that changes the way we will manage biodiversity in NSW, and it’s not good news for the environment.

even though the biodiversity and local land services bills have been passed, many of the details on how to implement these laws have not yet been decided. We still have a lot of work to do, and we need your help.

Your donation will help us continue working to ensure that our laws will protect our biodiversity for generations to come.

Please make a donation today

 

Other ways you can help us defend the environment

You can have an even greater impact by becoming a Friend of the EDO. Our regular donors are an invaluable source of funding and help us ensure we are ready to respond when the community needs our help.

Visit our website for even more ways to support our work.

EDO NSW has been providing critical legal support to NSW communities for 30 years. We are the only legal centre in NSW specialising in public interest environmental issues. 

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