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EDO NSW EBULLETIN – 17 November 2017: Number 1032

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

EDO NSW News and Events

Our new case alleging unlawful water harvesting in the Barwon-Darling

Dry_riverbedMoree560.jpg

This week we filed a civil enforcement case on behalf of client, the Inland Rivers Network, seeking environmental justice for the Murray-Darling Basin.

The Inland Rivers Network is seeking, amongst other things, an injunction preventing the licence holder from continuing to breach the relevant licence conditions. In addition, and in order to make good any depletion of environmental flows caused by the alleged unlawful pumping, our client is also asking the Court to require the licence holder to return to the river system an equivalent volume of water to that alleged to have been unlawfully taken, or to restrain the licence holder from pumping such a volume from the river system during the next period of low flows.

Failure to comply with a court order constitutes contempt of court, which is a criminal offence.

Read the case details »

Read Dr Emma Carmody’s legal update on the case »

 

Support our Environmental Defence Fund

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The Darling River at Wilcannia. Photo Ruby Davies.

The team at EDO NSW has long focused on water conservation across Australia – and the Murray-Darling Basin in particular. We provide independent analysis of laws and regulationslegal education to local communities and we pursue litigation in the public interest.  

When the responsible government agencies fail to take action to protect the environment, EDO NSW empowers affected communities to seek environmental justice under the law. 

We need your help to ensure that the law is applied in order to protect our most precious natural resources. Your gift today will help us continue all our important litigation, policy and law reform and community legal education work, now and into the future.

Make a tax-deductible donation to our Environmental Defence Fund >>

Read more about our work protecting water >>

 

EDO Insider – Protecting Sydney’s drinking water catchment

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The Nattai River, part of Sydney’s drinking water catchment.

Join us for a lunchtime seminar in Sydney on Friday 1 December to find out more about one of our most significant recent cases.

In August, the NSW Court of Appeal found in favour of 4nature in its landmark legal action to protect Sydney’s drinking water catchment from the impacts of the Springvale coal mine. This was the first case to test  laws introduced to protect Sydney’s drinking water catchment. However, special legislation passed by the NSW Parliament in October retrospectively validated the mine approval and will change the way the ‘neutral or beneficial’ effect on water quality test is applied in future when applications to continue existing projects are considered.

Join members of the legal team, Barrister Nicholas Kelly and EDO NSW Senior Solicitor Rana Koroglu to find out more about how this case was won, the precedent value of the judgment and the effect of the special legislation.

Find out more »

 


Court and Compliance Watch 

Fresh fine for failure to clean up asbestos waste

The NSW Environment Protection Authority (EPA) has fined a waste operator $7500 after he failed to comply with an EPA direction to clean up contaminated fill that had been deposited at a private property in Mowbray Park. 

Read more >> 

Order to stop processing waste

The EPA has ordered Empire Bins to stop receiving, transporting and processing waste after inspections revealed their Banksmeadow site was being operated in an environmentally unsatisfactory manner.

Read more >>

Fine for failure to register asbestos waste

The EPA has fined a Newcastle resident $750 for failing to register a load of asbestos waste with the EPA’s WasteLocate system.

In October, Allan Robinson was using a private vehicle to transport 640kg of asbestos waste from a demolition site to the SUEZ landfill in Raymond Terrace.

It is a requirement in NSW that any load of asbestos waste weighing more than 100 kilograms, or consisting of more than 10 square metres of asbestos sheeting, must be reported and tracked through the WasteLocate system. .

Read more >>

 


Law Reform and Policy Watch 

Planning Amendments pass NSW Parliament
Significant planning law reforms passed Parliament this week. Various amendments were proposed in the Upper House but the Bill passed without amendment.

The Bill amends the aims and structure of the Act, community participation, strategic planning, governance and enforcement. It will commence by a later Government proclamation.

The Government’s further information on the Bill is here.
Find EDO NSW blogs, podcast and analysis of the DRAFT exhibition Planning Bill 2017 here.

Recent EDO submissions and reports

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

 

New legislation introduced to Parliament

Australian Parliament

  • Nuclear Fuel Cycle (Facilitation Bill 2017) (Private Member’s Bill) 

This Bill proposes to remove prohibitions in Commonwealth laws on the construction and operation of certain nuclear installations. 

Read the bill >>

 

NSW Parliament

  • Environmental Planning and Assessment Amendment Bill 2017

This Bill seeks to amend the Environmental Planning and Assessment Act 1979 with respect to the system of environmental planning and assessment in New South Wales.

Read the Bill >>

  • Road Transport and Related Legislation Amendment Bill 2017

This Bill seeks to make miscellaneous amendments to certain road transport and related legislation.

Read the Bill >>

 

Gazette notices

  • Inclusion in National Heritage List of Parramatta Female Factory

The Parramatta Female Factory and Institutions Precinct and its associated values has been included in the National Heritage List.

Read the notice >>

  • Inclusion in Commonwealth Heritage List of Googong Foreshores Cultural and Geodiversity Heritage Areas

The area extends 5km north east of Burra, comprising the London Bridge area, including the London Bridge Homestead group and outbuildings and the London Bridge Arch.

Read the notice >>

 

Local Environmental Plan tracking

  • Bankstown - This planning proposal applies to No. 479 Henry Lawson Drive, Milperra, to allow 'garden centres' as an additional permitted use on the site and to manage the likely environmental effects.
  • Parramatta - The proposal seeks to increase the height of Building (20 Macquarie Street) from 36m to 90m, the Floor Space Ratio control from 4:1 to 10:1, and introduce a site-specific clause pertaining to these controls and maximum parking rates.
  • Petersham - The intention is to rezone the site from SP2 Educational Establishments to R2 Low Density Residential and apply planning controls to enable Petersham TAFE to deal with the site as a standalone entity.
  • Parramatta - Amend Parramatta Local Environmental Plan 2011 to modify the maximum building height and floor space ratio controls that apply to land at 2 O'Connell Street, Parramatta.

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

  • Construction Waste Management Reforms

The EPA wants feedback on the proposed changes to NSW environment protection legislation concerning construction waste.

Submissions are invited until Tuesday, 12 December 2017.

Read more and have your say >>

  • Walsh Bay Arts and Cultural Precinct

A proposal by Infrastructure NSW for the refurbishment and rejuvenation of the Walsh Bay Arts and Cultural Precinct is on exhibition.

Submissions are invited until Friday, 24 November 2017.

Read more and have your say >>

  • Proposed Environmental Reforms

The Department of Planning and Environment is seeking feedback on reforms to update the planning framework for environmental protection and management.

Submissions are invited until Monday, 15 January 2017.

Read more and have your say >>

  • Draft Marine Estate Management Strategy

The Marine Estate Management Authority is seeking feedback on the draft Marine Estate Management Strategy 2018-2028.

Submissions are invited until Friday, 8 December 2017.

Read more and have your say >>

  • Mallee Cliffs National Park

The Office of Environment & Heritage is seeking feedback on the Mallee Cliffs National Park Review for the Reintroduction of Locally Extinct Mammals.

Submissions are invited until Saturday, 2 December 2017.

Read more and have your say >>

 

FEDERAL

  • Savanna Fire Management Draft Methods

Two draft savanna fire management methods are open for public consultation –Carbon Credits (Carbon Farming Initiative - Sequestration and Emissions Avoidance) Methodology Determination 2018 and Carbon Credits (Carbon Farming Initiative—Emissions Avoidance) Methodology Determination 2018.

Submissions are invited until Monday, 27 November 2017.

Read more and have your say >>

  • Great Barrier Reef Coastal Ecosystems

Comments are invited on the position statement for the inshore, coastal and adjacent catchment ecosystems that connect land and sea.

Submissions are invited until Friday, 24 November 2017.

Read more and have your say >>

  • Aboriginal Rock Art of the Burrup Peninsula

The Senate Environment and Communications References Committee inquiry on the protection of Aboriginal rock art of the Burrup Peninsula.

Submissions are invited until Thursday, 23 November 2017.

Read more and have your say >>

  • Water Use by Extractive Industry

The Environment and Communications Reference Committee is seeking public input with respect to the adequacy of the regulatory framework governing water use by the extractive industry.

Submissions are invited until Friday15 December 2017.

Read more and have your say >>

 

Threatened Species and Endangered Ecological Community Listing

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.

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.

 

Major Project proposals: Invitation to comment

  • Huntlee – This Planning Agreement provides that the Land Owner will make various contributions towards designated State infrastructure as set out in Schedule 3.
  • Narrabri to North Star Inland Rail - Australian Rail Track Corporation Ltd is seeking approval to construct and operate the Narrabri to North Star section of Inland Rail.
  • Bankstown - Conversion of Existing Signage to Digital - Bexley Rd..
  • Marrickville – Application to modify the existing Major Project Approval for the Marrickville Metro Shopping Centre expansion.
  • Chippendale - Application for consent to further modify the Central Park Concept Plan to increase the total maximum Gross Floor Area.
  • Mortlake - Modification of the Concept Approval for residential development at Majors Bay to increase the GFA by 510m2 within the existing building envelopes to include new non-residential uses.
  • Centennial Northern Coal Services – Application to modify Development Consent pertaining to the Northern Coal Logistics Project in order to increase the number of employees based at the Cooranbong Entry Site and make administrative amendments to the operational noise criteria and air quality criteria.
  • Barangaroo South – Application to construct a seven-storey commercial building.
  • Magenta Shores – Application to modify the original masterplan to increase the number of lots in the R07A Release Area, amend lot orientation, change road layout and remove pedestrian access points to the golf course.
  • UTS Central – Application to extend construction hours.. 

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

  • Gippsland Basin, VIC – The proposed project intends to investigate the potential for establishing a commercial scale carbon capture and storage (CCS) network in Gippsland.
  • Bunbury, WA - Albemarle Lithium Pty Ltd is seeking approval to construct and operate a Lithium Hydroxide Product manufacturing plant in Kemerton Strategic Industrial Area.
  • Robbins Island, TAS – This proposal seeks approval for building a windfarm at Robbins Passage.
  • Busselton, WA - Doral Mineral Sands Pty Ltd proposes to extract ore from the Yalyalup Mineral Sands Deposit.

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.

 

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  

Trees in the Shire – new clearing rules

On 25 August this year, new laws came into effect for clearing trees and bushland in NSW, including the Greater Sydney area. 

Join us to hear what these new laws mean for trees and bushland in Sydney’s North and what you can do to help protect its special natural heritage. EDO’s Jemilah Hallinan, Outreach Director – Community Programs will be presenting..

When: Thursday 23 November 2017 6:30 – 8:30pm
Where: Club on East, 7 E Parade, Sutherland 2232

Read more »

Trees in Sydney’s North – new clearing laws 

In August this year, new laws came into effect for clearing trees and bushland in NSW, including the Greater Sydney area.

Emily Ryan, Outreach Director Professional Programs EDO NSW will speak on the night. 

When: Thursday 30 November 2017 6:30 – 8:30pm
Where: Cheltenham Recreation Club, 60-74 The Cres, Cheltenham 2119

Read more »

2017 Nancy Hillier Memorial lecture

This annual lecture commemorates the life work of Botany Bay activist Nancy Hillier with a focus on the role of public participation in decision making.  This year, the keynote speaker is Amanda Tattersall, on citizen participation under the title ‘Sydney, a city worth fighting for?’ 

Eastlakes resident Tim Clifford will screen his short documentary on urban development in the Botany Bay area.

When: Thursday 23 November 2017 starting 6:00pm
Where: NSW Parliament House

Read more » 

Public information sessions on new system for managing and conserving Aboriginal cultural heritage 

Find out about the proposed new system for managing and conserving Aboriginal cultural heritage and provide feedback on the draft legislation by taking part in public information sessions, workshops and webinars.

When: November, December 2017
Where: Throughout the state.

Read more » 

Renewable Energy Day

Join one of two bus tours to visit renewable energy sites throughout the ACT and south east NSW region.

When: Saturday 25 November 2017 9am – 3:30pm
Where: ACT and southeast NSW

Read more >>

A Spring Day in the Gardens of Stone

A picnic to raise awareness of the Gardens of Stone reserve proposal. 

When: Sunday 26 November 2017 11:00am - 2:30pm
Where: Top of the hill, State Mine Gully Rd, Newnes State Forest via Lithgow

Read more >>

Wild Law: The Theory and Practice of Earth Jurisprudence

A Summer School at Griffith University Law School.

When: Monday 27 November-Friday 1 December 2017
Where: Griffith University Nathan Campus, Brisbane

Read more » 

Beyond Tokenism 

Has the legal industry managed to go beyond tokenism and be truly LGBTQI-inclusive? Do we need to do more to promote LGBTQI inclusion initiatives within the industry? 

Hear from the keynote speaker Hon. Michael Kirby AC, CMG, followed by drinks and canapés.

When: Wednesday 29 November 2017 starts 5:30pm
Where: Rooftop, Thomson Reuters, L6, 19 Harris St Pyrmont 2009

RSVP: shelley.mulhern@thomsonreuters.com

Read more »

EDO Insider – Protecting Sydney’s drinking water catchment

Join members of the legal team who ran EDO NSW’s 4nature vs Springvale mine case, Barrister Nicholas Kelly and EDO NSW Senior Solicitor Rana Koroglu, to find out more about how the case was won, the precedent value of the judgment and the effect of the special legislation.

When: Friday 1 December 2017 
Where: McCabes Lawyers, MLC Centre, 19 Martin Place, Sydney 

Read more »

Adaminaby Private Land Conservation workshop

Free workshop in Adaminaby about: Traditional Ngarigo Culture, history, language and land management; Landscape connectivity and how you can contribute to conservation through the Land for Wildlife project; How to survey your land for native and pest animals with infrared cameras, with an opportunity to borrow a camera from the ‘Who’s Living on my Land?’ project.

A collaboration of the National Parks Association of NSW and Kosciuszko 2 Coast.

When: Saturday 2 December 2017 10:00am – 3:30pm
Where: 22 York St, Adaminaby NSW 2629 

The Biosphere Question – Sydney Ideas 

Environmental historian and historical geographer Jason W Moore will challenge the theory and history offered by the most significant environmental concept of our times: the Anthropocene, literally the 'Age of Man'. 

When: Thursday 7 December 2017 6:00 - 7:30pm
Where: Sydney Law School, University of Sydney

Read more »

Launch of the Women's Energy and Climate Law Network

The Women's Energy and Climate Law Network (WECLN) is a new network of female academics and practitioners working in the field of climate and energy law. The WECLN launch event will combine discussion panels with eminent energy and climate law scholars, small group sessions, mentoring sessions on careers in climate and energy law and an opportunity to input into future directions for the network.

When: Friday 8 December 2017 9:30am – 4:30pm followed by dinner
Where: Melbourne University Law School, Carlton, Melbourne

Read more »

Sustaining the Seas Conference: Fish, oceanic space and the politics of caring 

Registrations are now open for the Sustaining the Seas conference, hosted by the Sustainable Fish Lab.

When: Monday 11 - Wednesday 13 December 2017
Where: University of Sydney 

Read more » 

Caring Better for the Seas – Sydney Ideas

This panel of academics and NGOs will look at diverse practices and politics of caring – from caring for Aboriginal and Torres Strait Sea countries, campaigns on fish and fishing, to how surfers navigate the necessity of caring for the ocean with a desire to preserve secret surf spots. 

When: Monday 11 December 2017 5:00 – 6:30pm

Where: Foyer, Level 2 Sydney Law School, Eastern Avenue, University of Sydney

Read more >>

NELA Essay Competition

The NELA Essay Competition is now open, seeking essays that address issues facing Australian environmental law from undergraduate and postgraduate students at Australian universities.

Essays can be submitted until 18 December 2017. 

Read more »

Law Society of NSW Women’s Mentoring Program 2018 

The Law Society is looking for mentees and mentors for the Women's Mentoring Program 2018.

The program connects women in the profession with experienced law practitioners and leaders to support, encourage and promote their career progression through a mutually beneficial mentoring relationship. Applications close 17 January 2018.

Read more »

 


Support EDO NSW

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EDO NSW has been providing critical legal support to communities for 30 years. We are the only legal centre in NSW specialising in public interest environmental issues. As a not-for-profit, non-government organisation, we rely on our donors to help fund our programs and services.

Your support is vital to ensuring that community groups and individuals across Australia and the South Pacific have access to environmental justice.

Find out more here »

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