Law Reform - EDO NSW

Law reform

We actively engage in environmental policy and law reform.

This work reflects our status as an independent, specialist legal centre. We put forward policy proposals suggesting ways the law can be improved in NSW and Australia. Our proposals may be in the form of:

  • submissions to Governments or parliamentary inquiries
  • proactive reports and consultancy projects
  • policy advice to Governments as a member of expert panels or stakeholder reference groups.

View our recent submissions.

For national environmental matters, we work with colleagues in EDOs of Australia and with national groups, to improve the law and protect the environment.

Review our submissions by topic using the right hand menu or use the search feature below to find a document of interest.

Current opportunities for comment on law reform can be seen at Have Your Say.

Recent Submissions

Draft Floodplain harvesting monitoring and auditing strategy - EDO NSW submission

EDO NSW have many years experience engaging with water law and policy processes at both State and Commonwealth levels. We also have extensive experience advising a broad range of clients, including irrigators, community groups and peak conservation organisations, on NSW Water Management Act 2000, as well as the Water Act 2007 (Cth), Basin Plan and associated policies.

As we have consistently argued for improved metering and measurement of all extractions, greater transparency with respect to usage and account data and greater protection of environmental and low flows, we are pleased to see the issue of how to monitor and audit floodplain harvesting being addressed. 

As previously recommended we support developing a clear, evidence-based monitoring framework as a priority which will in turn assist with baseline data, compliance and enforcement.

This submission addresses:

  • Introduction: Key issues for effective floodplain harvesting regulation
  • Preconditions and baseline data
  • Determining a Monitoring approach
  • Monitoring floodplain take
  • Data recording and reporting
  • Verification, auditing, investigation and enforcement
  • Complementary issus: Environmental flows; Trading

15 February 2019: Download the submission >>

Link to this page >>

Discussion Paper – Decommissioning Offshore Petroleum Infrastructure in Commonwealth Waters

31 January 2019: Download this submission

EDOs of Australia has submitted a comment on this Discussion Paper.

EDOA strongly supports proposals to strengthen the regulatory framework for management decommissioning of offshore petroleum infrastructure. It is clear from the experience of mine rehabilitation in the terrestrial environment that without an adequate regulatory framework there is a significant risk of offshore petroleum infrastructure being abandoned at the end of production, thereby leaving the Australian community with a large financial burden that should rightly be borne by those companies’ profiting from exploitation of offshore petroleum resources. We provide comment on the Discussion Paper in relation to seven issues:

-Decommissioning principles
- Decommissioning Obligations
- Information Available to Government
- Legal Responsibility
- Financial responsibility mechanisms
- Post-title compliance and enforcement
- Other issues and opportunities

Private Native Forestry Review

NSW recently commenced a review of the regulatory framework for forestry operations on private land. The EDO NSW submission makes a number of recommendations for strengthening the rules around private native forestry to improve environmental outcomes, including recommendations for:

  • Strengthening objects for private native forestry in line with principles for ecologically sustainable forestry management;
  • Increasing rigour and transparency in making PNF Codes of Practice;
  • Ensuring that PNF Codes of Practice adopt stringent environmental standards and protect environmentally sensitive land and threatened species from the impacts of logging;
  • Improving accountability and oversight in making PNF plans; and
  • Mandating robust monitoring and compliance of forestry operations.

Download the EDO submission >>

Make your own submission until 15 February 2019 >>

 

Link to this page >>

EDOs of Australia (EDOA) has made a submission on the Water Amendment Bill 2018.

25 May 2018 - Download the submission.

DPE Community Participation Plan - EDO NSW submission

December 2018

As a community legal centre specialising in public interest environmental and planning law, a core part of our work is doing outreach and legal education to help build the capacity of people to engage in environmental and planning law processes. We therefore strongly support measures designed to improve public participation.

We have made comments on eight issues in this plan.

Download the submission >>