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Case note: NCC v Minister for Primary Industries & Anor

In November 2017, the Nature Conservation Council of New South Wales (NCC) commenced judicial review proceedings in the Land and Environment Court of New South Wales (LEC) to challenge the decision of the Minister for Primary Industries to make the Land Management (Native Vegetation) Code 2017 (Code) under the provisions of the Local Land Services Act 2013 (LLS Act).

This would have been the first case to test the new provisions of the LLS Act, however the matter resolved before it went to hearing. On 9 March 2018, the LEC made orders, by consent, declaring that on and from 24 August 2017 the Code had been invalid and of no effect, and the decision to make the Code be quashed.

The Code was re-made in an identical form later that day. It came into effect on 10 March 2018.

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FOI documents underpin new legal challenge to land-clearing Code

The Nature Conservation Council of NSW, represented by the Environmental Defenders Office NSW, has again commenced Court proceedings to challenge the validity of the Land Management (Native Vegetation) Code 2018, on the basis of documents received under freedom of information laws.

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Briefing: NSW water Bill

EDO NSW has written a briefing note on key issues in the Water Management Act Amendment Bill 2018 (NSW), which passed this week.

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Forest law frenzy in NSW

After years of internal government wrangling, there has been a recent frenzy of activity in NSW forestry law and policy. Six things are happening at once.

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Report: Next generation biodiversity laws

EDO NSW has prepared a report for Humane Society International (HSI) which sets out the basic requirements for the introduction of next generation national biodiversity law in Australia.

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EDOs to provide legal support on Ranger Uranium Mine Closure Plan

The Environmental Defenders Offices in both NSW and the Northern Territory have been engaged by the Australian Conservation Foundation and the Environment Centre Northern Territory to provide legal expertise and advice on the closure planning process for Ranger Uranium Mine near Jabiru in the Northern Territory.

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The political endorsement of extinction

The truth will out. Well, it just might if you have freedom of information laws, a dedicated client and public interest lawyers with stamina.

By Rachel Walmsley, Policy & Law Reform Director EDO NSW

25 May 2018

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Environmental law in China

Our CEO David Morris was in China last week for the inaugural meeting of the International Advisory Board to establish the Wuhan University Environmental Law Committee at the Research Institute of Environmental Law at Wuhan University.

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FOI win reveals NSW offsets policy fails to meet national environmental standards – but was accredited anyway

The Environmental Defenders Office (EDO NSW), representing Humane Society International Australia (HSI), has successfully argued the public has a right to know that the Australian Government decided to accredit the NSW landclearing offsets policy despite concerns it failed to meet national environmental standards.


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Murray-Darling Basin Senate vote

On Wednesday night (9 May 2018), the Australian Senate voted in support of an amendment to the Murray-Darling Basin Plan that will reduce the actual recovery volume of water for the environment by 605GL. 

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