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EDO NSW EBULLETIN – 23 June 2017: Number 1011

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

EDO NSW News and Events

Battle for Bulga

You probably know about our work for the Bulga Milbrodale Progress Association and their battle with mining company Rio Tinto to protect their local environment and sleepy little town in New South Wales. Meet the heroes of Bulga in this beautiful video

Battle for Bulga video

 

Community heroes at last week's Gala Dinner

In May we shared the wonderful news that our client Wendy Bowman was one of only six people internationally to be awarded the 2017 Goldman Environmental Prize. The prize honours grassroots heroes from across the planet; recognising their sustained, significant efforts to protect the natural environment, often at great personal risk.

Last Thursday, Wendy was our keynote speaker at our 2017 Gala Dinner - raising lots of chuckles and huge admiration with the story of how she came to accept the award.

Wendy Bowman addresses the Gala Dinner

Wendy Bowman addresses the crowd at our gala dinner

Another EDO NSW client featured at the Gala was the wonderful Bulga Milbrodale Progress Association, whose courage in the face of seemingly insurmountable odds brought many to tears. You can watch their story in the Battle for Bulga video above.

It is vital that we are able to maintain our essential services to ensure community heroes like Wendy and the Bulga Milbrodale Progress Association have access to environmental justice.

As our clients in Bulga said; "I couldn't believe [there was] such an organisation with highly skilled people prepared to work for you for almost zero, and with... 150 consultants on their books!"

Right now, we are working throughout NSW, Australia and the South Pacific with communities who are dealing with the impacts of mining and coal seam gas development and pollution in their water catchments; seeking to protect Aboriginal or local culture and heritage, threatened species and native vegetation; and grappling with the impacts of planning and development on the built environment.

If you have already donated, thank you! If not, please consider making a tax-deductible donation to our Environmental Defence Fund, and help us put the power back into the hands of the community.

 

Biodiversity law update

The public exhibition of the latest round of draft regulations and instruments for the NSW Government’s biodiversity and land clearing laws has now concluded.

The new regime is due to commence on 25 August 2017, despite there being certain components that have not been finalised.

We will continue to provide feedback on the aspects of the new regime that are still being developed, and we’ll continue to work with communities concerned about the new laws.

Keep an eye on future eBulletins for updates on our ongoing biodiversity and native vegetation law reform and outreach work.

Check out all our resources about the new laws »


Court and Compliance watch

Construction companies fined for sediment and erosion control offences

The NSW Environment Protection Authority has conducted a ‘blitz’ on sediment and erosion control at construction sites in the Parramatta River Catchment, resulting in $165,000 in fines.

Offences included having no sediment and erosion controls in place at all, collapsed fencing, ripped and torn sediment bags, and inadequate containment of sediment stockpiles.

Read more »

 

Waste company fined for breaching licence conditions

The NSW Environment Protection Authority has fined waste management company Suez $15,000 for breaching licence conditions at its waste processing site at Kemps Creek in Sydney’s west. 

The company was fined for processing waste outside the permitted operating hours and leaving waste material uncovered overnight in breach of its licence conditions.

Read more »


Law Reform and Policy Watch 

Review of Water Trigger Legislation

The Independent Review of the Water Trigger Legislation and Post Implementation Review were tabled in the Australian Parliament on Monday 19 June 2017.

Back in 2016, EDOs of Australia made a number of recommendations in a submission on this review. You can read more at our blog: The ‘water trigger’ – an important first step, but there’s room for improvement.

Read more »

 

Simplified housing codes released

The NSW Government has released its simplified Housing Code, and other minor changes to the State Policy for exempt and complying development (‘Codes SEPP’), including minor amendments to granny flats and group homes to clarify definitions and further simplify these policies.

The changes will start on Monday 17 July 2017.

Read more »

 

Recent EDO submissions and reports

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

 

New legislation introduced to Parliament

Australian Parliament

  • Australian Nuclear Science and Technology Organisation Amendment Bill 2017

This Government Bill aims to amend the Australian Nuclear Science and Technology Organisation Act 1987 to provide the Australian Nuclear Science and Technology Organisation (ANSTO) greater flexibility in the use of its property and facilities, including enabling the establishment of innovation precincts at its Lucas Heights facility in NSW and at other sites in Australia.

Read the Bill »

 

  • Great Barrier Reef Marine Park Amendment Bill  2017

This Government Bill amends the sunsetting regime specified under the Great Barrier Reef Marine Park Act 1975 to avoid the need to remake plans revoked as part of the sunsetting process.

Read the Bill »

 

NSW Parliament

  • No new relevant bills have been introduced into Parliament since the last eBulletin

 

Local Environmental Plan tracking

  • Forbes – Rezoning land from industrial to residential, Brooke St.
  • Central Coast – Amending the conservation and scenic protection category for land at Collingwood Drive and Matcham Rd, Matcham.
  • Northern Beaches – Reclassification of land from community to operational, Wakehurst Parkway, Oxford Falls.
  • Kempsey – Reduction of minimum lot size to facilitate subdivision, Feltons Lane, Hampden Hall.
  • Northern Beaches – Amendment to permit up to 22 dwellings, Macpherson St, Warriewood.

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

  • Extension: Review of Complying Development in Greenfield Areas

The NSW Department of Planning & Environment has extended the deadline for submissions on a proposed new Greenfield Housing Code, which will aim to speed up greenfield land releases.

The Department has released the Background Paper – A Review of Complying Development in Greenfield Areas for comment.

Submissions are now invited until Friday 7 July 2017.

Read more and have your say »

 

  • Extension: Travelling Stock Reserves Review

NSW Local Land Services has extended the deadline for public submissions on a comprehensive review of the network of Travelling Stock Reserves (TSRs) in NSW. The review will determine which TSRs are still used or required, and determine if they are important for other reasons. An online mapping tool has been provided to help people identify TSRs in their local area.

Submissions are now invited until Friday 7 July 2017.

Read more and have your say »

 

  • Commercial export of kangaroo skins

The Australian Department of the Environment and Energy is calling for public comments on an application for for the commercial export of eastern and western grey kangaroo skins from Victoria.

Submissions are invited until Friday 21 July 2017.

Read more and have your say »

 

  • Tax deductible gift recipient reform

The Australian Treasury is calling for public submissions on a discussion paper that considers reforms to the Deductible Gift Recipient (DGR) tax arrangements. The paper outlines a number of proposals, including DGR governance arrangements and eligibility for DGR status.

The proposals could have implications for environmental organisations with DGR status, including EDO NSW.

Submissions are invited until Friday 14 July 2017.

Read more and have your say »

 

  • Roads and transport consultations
    • Castle Hill – Intersection improvements at Showground Rd and Carrington Rd – Submissions invited until Thursday 29 June 2017.

 

 

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.

 

  • Fisheries assessments
    • No new assessments have been placed on exhibition since the last eBulletin.

 

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.

 

Major Project proposals: Invitation to comment

  • Surfers Paradise – Modification to Kings Forest residential subdivision, Kingscliff – Submissions invited until Monday 7 August 2017.
  • Lindfield – Internal reconfiguration and refurbishment of Lindfield Learning Village – Submissions invited until Monday 7 August 2017.
  • Surry Hills – Development of the new Inner Sydney High School, Cleveland St – Submissions invited until Monday 7 August 2017.
  • Luddenham – Upgrade to The Northern Road between Bringelly and Glenmore Park – Submissions invited until Wednesday 2 August 2017.
  • Thredbo – Alterations and additions, De Dacha, Thyne Reid Drive – Submissions invited until Wednesday 5 July 2017.
  • Sydney – Central Station works for Sydney Metro City & Southwest, Chatswood to Sydenham – Submissions invited until Wednesday 2 August 2017.
  • Wollondilly – Planning Agreement for monetary contribution, Brundah Rd, Thirlmere,– Submissions invited until Tuesday 18 July 2017.
  • Tamworth – Planning Agreement for monetary contribution, Grand Meadows Drive, Hills Plain urban release area – Submissions invited until Saturday 15 July 2017.
  • Lavadia – Construction and operation of the new Grafton Correctional Centre – Submissions invited until Monday 31 July 2017.
  • Muswellbrook – Modifications to Mount Pleasant open cut coal mine, including a six-year extension – Submissions invited until Monday 17 July 2017.
  • Coogee – Redevelopment of UNSW Cliffbrook House, Beach St – Submissions invited until Monday 31 July 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

  • Byron Bay – Securing North Byron Parklands as a permanent cultural events site for large outdoor events.  – Submissions invited until Wednesday 5 July 2017.
  • Luddenham, NSW – Sydney Science Park – Submissions invited until Monday 3 July 2017.
  • Karalee, QLD – Large lot residential development, Oxley Drive – Submissions invited until Monday 3 July 2017.
  • Forrestdale, WA – Armadale Road duplication, Tapper to Anstey Rd – Submissions invited until Friday 30 June 2017.
  • Parramatta, NSW – Stage 1 of Parramatta Light Rail, Westmead to Carlingford via Parramatta CBD – Submissions invited until Thursday 29 June 2017.
  • Townsville, QLD – Solar Farm, Majors Creek – Submissions invited until Thursday 29 June 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 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

2017 NSW Coastal Conference

Registrations are now open for the 26th annual NSW Coastal Conference.

With the theme "The Next Wave", conference sessions will focus on the new coastal management framework.

When: Wednesday 8 to Friday 10 November 2017
Where: Shoal Bay Country Club, Port Stephens

Read more »

 

The Age of Consequences film screening

Sustainable Business Australia is hosting a free screening of The Age of Consequences; a film that investigates the role of climate change as an “accelerant of instability”.

The documentary looks at how climate change exacerbates catalysts for conflict.  The film looks at how extreme weather events can have grave implications for the peace and security in the 21st century. The screening will be followed by a panel discussion.

When: Monday 10 July 2017, 6-8pm
Where: Auditorium, University of Sydney, Business School, H70, Abercrombie St & Codrington St, Sydney

For more information contact (02) 8267 5782 or sba@sba.asn.au.

 

Future Ready: Rehabilitation, project closure and decommissioning seminar series

Governments around Australia are looking to tighten regulatory arrangements for ensuring adequate rehabilitation is carried out when projects are abandoned or closed.

This Norton Rose Fulbright seminar series explores the tightening of regulatory arrangements for rehabilitation when projects are abandoned or closed. Environment and Planning experts will examine proposed changes to regulatory and policy arrangements for project closure and decommissioning, and for securing compliance with rehabilitation obligations.

For further information contact Sarah Taripo.

When: Tuesday 25 July 2017, 7:45am
Where: Level 18, Grosvenor Place, 225 George Street, Sydney

Register »

 

Key roles at environment and planning agencies

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

More NSW environment positions »

From last week

NELA National Conference 2017

Registrations are now open for the National Environmental Law Association (NELA) national conference 2017. This year’s conference explores the current state of Australia’s environment, how various States are addressing past impacts, and innovative mechanisms being explored to avoid future harm.

When: Friday 4 August 2017
Where: King and Wood Mallesons, Level 33 Waterfront Place, 1 Eagle Street, Brisbane.

Read more »

 

Summary report on outfalls around coastal Australia

The Clean Ocean Foundation has released its community summary into outfalls around coastal Australia. The summary is part of the National Outfall Database produced by the Clean Ocean Foundation for the Marine Biodiversity Hub.

The Foundation is also asking recreational water users to take part in an online survey.

Read more »

 

Australasian Groundwater Conference

The theme of the Australasian Groundwater Conference 2017 is ‘Groundwater Futures: Science to Practice’. The plenary session on day 3 will be on groundwater and the law.

When: Tuesday 11 to Thursday 13 July 2017
Where: UNSW, Sydney

Read more »

 

Essay prize on environmental law

The topic for this year’s Australian Academy of Law’s Annual Essay Prize is How well do Australian legal institutions respond to climate change? How could that response be improved?

The $10,000 prize is open to anyone who is studying or has studied legal subjects at a tertiary level, or who is working or has worked in a law-based occupation.

If you’re interested in entering, you need to submit an expression of interest by Friday 30 June 2017. Essays need to be submitted by Thursday 31 August 2017.

Read more »


Support EDO NSW

Help us help community heroes

Every day, our dynamic public interest environmental law experts help communities in Australia and across the Pacific protect our environment through law. Those communities need us, and we need you!

Please make your end of financial year tax-deductible donation to our Environmental Defence Fund.

 

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.

 

Environmental Defender

Read more about how your support can help protect the environment in the latest edition of our supporter newsletter, Environmental Defender.

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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