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The EDO Tasmania Bulletin is a free fortnightly bulletin providing information on policy updates, events and opportunities for public comment. 
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EDO BULLETIN                     
13 May 2016  

EDO Tasmania is a non-profit community legal centre advising on environmental and planning law. Our aim is to increase public awareness of environmental laws and remedies, and help the community to secure a healthy, sustainable Tasmania.  Our fortnightly Bulletin contains news about current developments in planning and environment law, upcoming events and opportunities for public comment.

If you know someone who would like to receive this bulletin, please invite them to subscribe.


Contents
News  
Court Cases
Opportunities to Comment
Events
What’s Happening at EDO Tasmania?
 
 

News 

 

Don’t forget to forgo!

Every May, EDO Tasmania asks supporters to “forgo” one thing they would normally spend money on and instead donate that money to the EDO.  Or you can always forgo forgoing and just donate instead!
 
So far people have forgone (or are forgoing) coffee, chocolate, and meat for the month, skipped a trip to the movies, avoided takeaway, stopped buying things in plastic packaging, and set up swear jars in offices across the State.
 
What will YOU forgo? 

Don’t forget that everyone who forgoes or donates during May has a chance to win one of two season passes to the Dark MoFo Winter Feast

 

Uplisting of the Swift Parrot

On 5 May 2016, Federal Environment Minister, Greg Hunt MP, added over 45 species to various threatened species lists under the EPBC Act, and amended the threat category for three already-listed species. As part of this process, the swift parrot was ‘uplisted’ to "Critically Endangered" – a category reserved for species at immediate risk of extinction.

EDO Tasmania welcomes the recognition of the vulnerability of the species. Unfortunately, the Federal Minister has no control over forestry operations in Tasmania, a significant contributor to habitat loss for the species, because these operations are exempt from the EPBC Act. Rolling over the Tasmanian RFA (see below) without removing the exemption will have significant consequences for threatened species protection outcomes into the future.

 

Governments commit to RFA renewal

On 6 May 2016, the Commonwealth and Tasmanian governments released their joint response to the independent third review of the Tasmanian Regional Forest Agreement (RFA). The review made a number of recommendations to improve transparency, monitoring and research and cultural heritage protection, most of which the Governments have agreed to progress (or to consider progressing). 
 
Significantly, both the review and the Governments’ response confirm that the RFA (which is due to expire in 2017) will be renewed or rolled over. In response to recommendations that more needs to be done to monitor and evaluate the outcomes of forestry activities on threatened species, the Governments simply state:

Opportunities for outcomes focused monitoring and reporting will be considered as part of the extension process.” 

No assessment is made of whether the RFA, or the exemption of RFA forestry activities from the EPBC Act assessment requirements, is compromising protection of threatened species (such as the Swift Parrot). 
 
You can read our analysis of risks associated with the current Regional Forest Agreements regime in our report State Forests, National Interests.  A recent report by the NSW National Parks Association also analyses biodiversity losses and concludes that “economically and environmentally, RFAs are a failed model.”

 

Register of Environmental Organisations report released

On 4 May 2016, the House of Representatives Committee inquiring into whether donations to environmental groups should be tax deductible released its report. The majority report recommends that organisations must use at least 25% of their funds for "on-ground" remediation activities to be eligible for tax deductibility, and sanctions for organisations that facilitate or encourage civil disobedience.
 
The report ignores the significant contribution that advocacy, education and law reform activities make to securing better environmental outcomes.  Getting the law right, helping people to understand it, and making sure that it is complied with are all critical components in environmental protection.
 
Dissenting reports from the Labor members of the Committee, and Liberal member Jason Wood MP, criticised the majority recommendation. Mr Wood noted that environmental advocacy had been responsible for securing significant environmental wins, such as the preventing the damming of the Franklin River.
 
To read the Committee report, click here.  To read the EDOs of Australia submission to the inquiry, highlighting the importance of environmental advocacy, click here.

 

Unconventional Gas Mining Interim Report Released

On 4 May 2016, the Senate Select Committee on Unconventional Gas Mining released its interim report. The report summarises the regulatory frameworks in each State and Territory and outlines evidence presented to the Committee.
 
While the report does not set out concluded findings, the Committee Chair (Senator Lazarus) made a number of preliminary recommendations, including appointing an Unconventional Gas Mining Commissioner, banning fracking, preventing mining in food production areas and giving landholders rights to refuse access for mining on their property.
 
Whether the Committee is reconvened to complete its inquiry will be determined following the election. To read the interim report, click here.
 

CSIRO Cuts

The Senate Select Committee report into CSIRO funding cuts (as part of its Scrutiny of Government Budget Measures) was tabled on 3 May 2016. The majority report emphasised evidence received regarding the adverse long-term consequences of reducing CSIRO’s climate measurements capabilities and recommended:

  • Postponing any further restructure until after the election (to give any new government an opportunity to consider its priorities for CSIRO); and
  • An independent review of the broad economic values of the CSIRO climate programmes
The dissenting government report noted that the CSIRO is an independent agency, and its board (rather than the government) is responsible for allocating resources. The dissenting report dismissed the "alarmist assertions" in the evidence, and was satisfied with the assurances provided by CSIRO CEO, Dr Marshall, regarding ongoing climate capacity within the organisation.

 

Tasmania Energy Crisis Report


The Senate Select Committee also reported on the Tasmania Energy Crisis, primarily criticising the government for not allowing energy businesses to appear at the Committee hearings.  The report recommended a full, independent inquiry into the causes of, and possible solutions to, the current situation.

 

Budget – environmental allocations


The key environmental announcements in Budget 2016 were:
  • a purported boost to funding for projects on the Great Barrier Reef;
  • a significant investment ($2B) in the Australian Antarctic Strategy and 20 Year Action Plan, including further funding for the already-promised new icebreaker vessel;
  • additional $20M to the 20 Million Trees Programme; and
  • Funding to implement Commonwealth Marine Reserves, including structural adjustment funds for affected commercial fishers, based on the recommendations of the Marine Reserves Review (which was completed in December 2015, but is yet to be publicly released).
During Budget Estimates, the government acknowledged that the money allocated to the Great Barrier Reef was not ‘new’ money, but funds already invested in Landcare and Reef Plan work, focussed primarily on improving water quality within the broader catchment.  Funds have not been allocated to directly address recent concerns raised regarding the unprecedented extent of coral bleaching on the Reef.

The full Budget Papers for the Environment Portfolio are available here

 

Climate data and modelling


In the lead up to the election, the Commonwealth Government has released a number of emissions-related documents, including:

Call for papers for AELA Conference 2016


The Australian Earth Laws Alliance is calling for abstracts for its 2016 conference, “The Future of Australian environmental law: politics, reform and community activism”.  If you are interested in presenting at the conference, submit an abstract by 1 June 2016.

For more information about the conference, click here.


 

Court cases

 

Legal challenges to Adani mine

 
The Australian Conservation Foundation’s Federal Court challenge to the Commonwealth Minister’s approval of the Adani mine was heard on 3-4 May 2016. The case questioned whether, in assessing the impacts of the mine on the Great Barrier Reef, the Minister had failed to consider the impacts of climate change. In evidence, the Minister argued that detailed consideration was not required as there was no direct evidence of a link between burning coal and climate change.  A decision is not expected for at least 3 months.
 
For information about the case, click here.
 
In a related matter, Coast and Country Association of Queensland, represented by EDO Queensland, has filed an application for judicial review of the Queensland Government’s decision to grant an environmental authority for the Adani mine, alleging that the government’s decision fails to achieve ecologically sustainable development, as required by s.5 of the Environmental Protection Act 1994 (Qld).
 
 

Commonwealth government joins takayna 4WD tracks appeal

 
Minster for the Environment, Greg Hunt MP, has been granted leave to "intervene" in the takayna / Tarkine 4WD tracks appeal. 
 
In March 2016, the Federal Court held that off-road vehicle use in the Western Tasmania Aboriginal Cultural Landscape could have a significant impact on indigenous heritage values, and therefore the Tasmanian government’s decision to re-open off-road tracks must be assessed under the EPBC Act.
 
The Tasmanian government has appealed against that decision. The Federal Minister will now also be able to make arguments regarding Justice Mortimer’s decision, challenging her interpretation of the EPBC Act.  At this stage, we do not know what issues the Federal Minister will raise – we’ll keep you posted!

 

Opportunities to Comment


For tips on how to have your say, visit our website 


Closing soon 

 

Draft State Planning Provisions


Comments on the draft State Planning Provisions (SPPs), the first step in developing the statewide Tasmanian Planning Scheme, close on 18 May 2016. The SPPs will make a number of significant changes to the way use and development is assessed in Tasmania.
 
If you are concerned about environmental management, climate change, sustainability, heritage and local character, we encourage you to make a submission.  Guides to the changes proposed by the SPPs are available on our website.
 
Read more and have your say.

 

Bushfire-Prone Areas Code


The Interim Planning Directive No.1 – Bushfire-Prone Areas Code contains fewer standards than applied under the previous Code, primarily because new standards for habitable buildings in bushfire-prone areas will now be regulated through the Building Regulations.
 
Comments on the Interim Code can be made until 19 May 2016.  Read more and have your say.
You can read the amended Building Regulations here (see Part 1A).

 

Closing later 

 

Removing entries from the Tasmanian Heritage Register

The Tasmanian Heritage Council has released details of a number of properties in Hobart that it intends to remove from the Tasmanian Heritage Register. 

Written submissions objecting to, or supporting, the removals can be made until 30 May 2016Read more and have your say.


 

Draft Noise Regulations

Draft Environmental Management and Pollution Control (Noise) Regulations 2016 have been released for public comment.  The regulations aim to identify key sources of noise pollution and limit neighbourhood noise to reasonable volumes, times and durations.  The Regulations are intended to replace the existing regulations when they expire in July 2016.
 
Comments on the Draft Regulations can be made until 3 June 2016Read more and have your say.

 

Smart Cities Plan

The Prime Minister has launched the Commonwealth’s Smart Cities Plan to “prioritise smart policy, smart investment and smart technology to improve accessibility, create more jobs, more affordable housing and build healthy environments”. The Plan includes funding to accelerate major infrastructure projects and establish an infrastructure financing unit.

Comments on the Smart Cities Plan can be made until 24 June 2016. Read more and have your say.


Tasmanian Cat Management Plan

The draft Tasmanian Cat Management Plan outlines a number of actions to reduce the impact of cats on Tasmania’s wildlife, as well as the agricultural and health sectors. The draft plan aims to clarify the cat management responsibilities of State and local governments, facilitate research to guide future policy responses, assist managers to adopt best practice cat control programmes, encourage responsible cat ownership and minimise impacts on conservation values.
 
Comments on the draft Plan can be made until 30 June 2016Read more and have your say.

 

Productivity Commission Inquiry into Data Access


The Productivity Commission is conducting an inquiry into the accessibility of public and private datasets, information sharing and disclosure issues. While not limited to environmental information, the inquiry’s scope explicitly includes environmental data sets.
 
Comments on the Issues Paper can be made until 29 July 2016Read more and have your say.

 

Events

 

Got an event you'd like us to promote? Email us at edotas@edotas.org.au

  
 

On Albatross Island


Matthew Newton and Richard Wastell’s glorious On Albatross Island exhibition is showing in Hobart, in support of the Tasmanian Albatross Fund.  
 
When:  Until end of May
Where:  Moonah Arts Centre
 
You can view the entire exhibition at www.bettgalley.com.au
 

 

EDO NT Aboriginal Art auction


The 2016 Aboriginal Art Auction to support EDO Northern Territory has been launched. Until 6 June 2016, you can make an online bid for some spectacular Aboriginal art, with all proceeds going to support the work of EDO NT.

The event is sponsored by Gilbert + Tobin lawyers and Outstation Gallery, and culminates with a live auction on 6 June 2016 at Gilbert + Tobin’s Sydney office.  To check out the art and make an online bid, click here.
 
 

Farming and the Law  


EDO Tasmania is holding two practical workshops to help farmers and rural landowners understand how environmental laws affect them. 

Scottsdale: 22 June 2016, 6 – 8:30pm, Dorset Council Chambers
Longford: 23 June 2016, 6 – 8:30pm, Longford Town Hall
 
These free workshops are supported by NRM North.  To RSVP, go to http://farminglaw.eventbrite.com.au/ or call us on 6223 2770.

 

National Environmental Law Conference


The National Environmental Law Association’s national conference will be a great post-election chance to catch up on key issues in environmental law and policy and discuss where Australia should be focusing its regulatory efforts.

When:  18 November 2016
Where:  King & Wood Mallesons, Melbourne

More details soon!


 

What’s Happening at EDO Tasmania?

  

Guides to the State Planning Provisions

The draft Statewide Planning Provisions will make a number of significant changes to the way that use and development is assessed in Tasmania. EDO Tasmania has produced the following guides to help you think about issues that may affect you.  We encourage anyone who wants to help shape their community into the future to consider making a submission:

 

Volunteer Week


It’s National Volunteers Week, so it would be remiss of us not to thank all of the amazing volunteers who make it possible for us to do our job – from the Management Committee members, to the students helping us with research, to the countless volunteers in organisations around Tasmania fighting to protect their parts of the island.  Thank you for all that you do.

 

Kilimanjaro for EDO


Sarah and Eldene are getting closer to their target for climbing Mt Kilimanjaro for EDO.  They set off up the mountain on 1 June 2016, so get your donations in soon!

If you'd like to do your own fundraising activity to support EDO Tasmania, click here to find out how.



There's no other organisation in Tasmania providing a service like ours.  Make a one-off tax deductible donation today or become a regular donor so EDO Tas can keep using the law to protect the environment.

 
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