EDO BULLETIN 
16 October 2015
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
Law and Policy Update
Opportunities to Comment
Events
What’s Happening at EDO Tasmania?
News
Help EDO Tas celebrate 20 years
EDO Tasmania is turning 20, and we’d love you to join us to raise a glass to mark this significant milestone.
When: Wed 28 October, 7.30pm
Where: Hope and Anchor, 65 Macquarie St, Hobart
These casual birthday drinks will follow a more formal reception hosted in our honour by Her Excellency Professor the Honourable Kate Warner, Governor of Tasmania. Unfortunately, that event is by invitation of Her Excellency only, but we’re keen for all our supporters to come along afterwards. Hope to see you there!
4WD tracks case in Federal Court
"It breaks my heart to think that vehicles will be allowed again to go into this area..." - extract from affidavit of Jarred Edwards, read into evidence as part of closing statement.
EDO Tasmania has been in the Federal Court this week, representing the Tasmanian Aboriginal Centre in its application for an injunction to prevent the Tasmanian government from re-opening off-road vehicle tracks on the West Coast. The tracks, which were closed by the former government in 2012 after reports indicated that use of the tracks was damaging Aboriginal heritage values, are all located within the national heritage listed Western Tasmania Aboriginal Cultural Landscape.
On 23 December 2014, the Federal Court issued an interim injunction preventing the government from issuing permits authorising the use of the tracks. The case explores whether opening the tracks will cause a significant impact on national heritage values and, if so, whether approval is required under the EPBC Act. For more background information, click here.
The Federal Court has this week heard evidence from Aboriginal heritage officers, archaeologists, geologists and historians regarding the values of the area and the damage caused by off-road vehicles. The Tasmanian government has disputed that the tracks will cause significant damage to the indigenous heritage values and argued that planned remediation and mitigation works will provide appropriate protection.
The Federal Court will now determine whether a permanent injunction should be granted. A judgment is not expected for several months.
EDO Tas is very grateful to our expert legal team - Brian Walters QC, Tiphanie Acreman and Adam Beeson - for their hard work on this case.
Federal government re-approves Adani mine
On 15 October 2015, Federal Environment Minister, Greg Hunt, granted approval to Adani Mining Pty Ltd to construct the Carmichael Coal Mine and 189 kilometre rail link in Queensland’s Galilee Basin north-west of Clermont. The project, expected to produce 60 million tonnes of coal annually, will be Australia’s largest coal mine and one of the biggest in the world.
In addition to impacts on national and world heritage, significant wetlands, listed threatened and migratory species and the Great Barrier Reef Marine Park, the proposal was assessed by the Independent Expert Scientific Committee (IESC) on coal seam gas and large coal mining developments. The IESC report questioned the modelling provided by the company and raised concerns regarding the impact of the mine on groundwater in the underlying and adjacent Great Artesian Basin.
The project was originally approved in July 2014, however the approval was challenged in the Federal Court by a conservation group and overturned (with the agreement of all parties) in August 2015 on the grounds that the Minister’s decision had failed to take into account the impact on the yakka skink and ornamental snake. The government responded to the decision, despite having consented to it, by introducing legislative changes to restrict third party standing to challenge decisions (see below).
The Minister also indicated at the time that legal failures identified in the Federal Court matter were merely a “bureaucratic bungle”, impacts on all matters of national environmental significance had been considered and managed, and the government would act swiftly to make a decision which more thoroughly addressed the “technical” requirements in the EPBC Act.
To read the Minister’s statement of reasons, click here.
Litigating the Environment: Options for the Future
A recent seminar exploring the costs, benefits, and challenges of running public interest environmental litigation in Australia today is now available to watch online. The forum, featuring retired Supreme Court Judge Alan Wilson and barristers Stephen Keim SC and Damian Clothier QC, looks at current examples and asks why standing is important and how the law can promote a sustainable future.
To watch the seminar, click here.
New Climate Change Authority members
The Federal Government has appointed Wendy Craik as the new chair of the Climate Change Authority. Ms Craik, Deputy Chancellor of the University of South Australia, will be joined by four new members: Kate Carnell, John Sharp, Danny Price and Stuart Allinson.
For more information about the new members, and the role of the Climate Change Authority, click here.
Wind Farm Commissioner appointed
Further to the agreement reached with cross-bench Senators earlier this year, Environment Minister, Greg Hunt, has appointed Andrew Dyer as the first National Wind Farm Commissioner and released the terms of reference for the role. Mr Hunt has also appointed four members to the new Independent Scientific Committee on Wind Turbines.
For more information, click here.
PWS a Banksia finalist
Congratulations to the Tasmanian Parks and Wildlife Service for being a finalist in the Banksia Awards Natural Capital Award for their successful Macquarie Island Pest Eradication Project. Winners will be announced on 13 November 2015.
Click here to see details of all the finalists.
Australian Young Environmental Lawyer of the Year Award 2015
Nominations are invited for the 2015 Mahla Pearlman AO Australian Young Environmental Lawyer of the Year Award. Nominees must demonstrate an outstanding contribution to the field of environmental law in Australia or internationally, and have made a voluntary contribution to the community, especially to environmental or environmental law NGOs.
Nominations must be received by Friday 11 December 2015. Read more.
Heat pump bulk buy
Sustainable Living Tasmania are coordinating the bulk purchase of heat pumps at discounted rates. Heat pumps are the most efficient and cost-effective form of heating, and bulk purchases allow costs to be kept to a minimum. Expressions of interest close on 15 November 2015. Find out more here.
Law and policy updates
Statewide Planning scheme legislation passes lower house
The Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Bill 2015 was passed, largely unchanged, by the lower house late on Wednesday night after many hours of debate.
The Bill seeks to facilitate the introduction of a Statewide Planning Scheme, which the government anticipates will be operational in 2017. Details regarding the actual content of the proposed Statewide Planning Scheme are expected to be released for public comment by mid-2016.
A fact sheet outlining the key changes proposed by the Bill is available here, You can also read an opinion piece by LGAT CEO, Katrena Stephenson, regarding the ongoing role of local government in planning.
The Bill will need to be passed by the Legislative Council before it becomes law. No date has been set for the Bill to be tabled in the upper house.
Changes to standing delayed
This Senate Committee conducting the inquiry into the Environment Protection and Biodiversity Conservation Amendment (Standing) Bill 2015 has been given an extension to deliver its report. The Bill proposes to remove current broad standing provisions allowing any person or organisation working on environmental issues to seek judicial review under the EPBC Act.
The Committee was originally expected to report by 12 October 2015, but has been given until the last sitting day in February 2016 to publish its recommendations.
New rules for rock lobster fisheries
Minister for Primary Industries, Jeremy Rockliff, has announced amendments to the Rock Lobster Fishery Management Plan to better balance recreational and commercial fishing values with the need to maintain sustainable populations to rebuild stocks. The government acknowledged:
“It is clear that the current management measures for the East Coast for the recreational sector will not be sufficient to keep the total catch within the target limits to rebuild stocks and additional measures must be put in place for recreational fishers, joining commercial fishers who already have explicit limits imposed by the commercial catch cap.”
Key amendments to the recreational fishing restrictions in Rock Lobster Fishery Management Plan include:
- A reduction in the daily bag limit from three to two;
- Possession limit reduction from six to four;
- A boat limit of 10 irrespective of number of days fished; and
- Closure of the winter recreational fishery from May to November.
The Government has also allocated $315,000 over three years to support the translocation of slow-growing lobster from the south-west to the East Coast, to boost biomass and spawning in the area.
New Scalefish rules introduced
A new management plan for the Tasmanian Scalefish Fishery has been adopted and will take effect from 1 November 2015. Again, the new measures seek to balance the interests of recreational and commercial fishers and sustainability needs within the fishery. Key changes include:
- Flathead: increase in the minimum legal size from 30cm to 32cm, a bag limit of 20 and possession limit is maintained at 30;
- Boat limits: will be introduced for key species, including large tunas, swordfish, sharks and striped trumpeter;
- Gill netting: new closed areas to protect key penguin colonies, revised arrangements in Macquarie Harbour and refined net soak times for recreational fishers.
For more information on the management plan go to www.dpipwe.tas.gov.au
Crop protection permits to be extended to 5 years
Under the Wildlife (General) Regulations 2010 permits are required to kill wildlife, such as wallabies and possums, to protect crops. Currently, applicants need to demonstrate annually that culling is the most appropriate method of crop management and that they have appropriate skills (or have employed people with appropriate skills) to carry out the culling humanely.
The government has announced that crop protection permits will now be issued for 5 years, but remain subject to monitoring and reporting requirements. For more information regarding crop protection permits, click here.
Recent EDOs of Australia submissions
EDOs of Australia, a network comprising all EDOs around Australia, regularly comment on proposed changes to national environmental laws and policy matters. Recent submissions include:
You can read all of EDOs of Australia’s submissions here. We welcome any feedback.
Opportunities to Comment
Interim Planning Schemes up for comment
Two more interim planning schemes are currently available for public comment:
Hobart Capital City Strategic Plan
Residents of greater Hobart are invited to comment on Hobart City Council’s Draft Capital City Strategic Plan 2015-2025. How (and where) should the city grow? What are some of the climate risks that need to be addressed? How can the city be more people-focussed and liveable?
All feedback will be considered by Council at its November meeting. Read more and have your say.
A Single Tribunal for Tasmania?
The Department of Justice has released a discussion paper assessing the feasibility of establishing a single Civil and Administrative Tribunal for Tasmania. The Tribunal could incorporate a range of existing tribunals, boards and administrative decision-making bodies, including the Resource Management and Planning Appeal Tribunal, Forest Practices Tribunal and the Mining Tribunal (currently within the Magistrates Court).
Comments regarding the benefits and risks of a single tribunal can be made by 30 October 2015. Read more and have your say.
EDO Tasmania will be making a submission. For some background into the benefits of specialist environmental tribunals, see the EDOs of Australia submission to the Access to Justice Arrangements inquiry (pp14-15).
Threatened Species List - new species
The Threatened Species Scientific Committee is inviting public comment about whether a number of new species should be included in the threatened species list under the EPBC Act, and what actions should be taken for their protection The list of potential species includes the Eastern Bettong (Bettongia gaimardi), found in Tasmania.
Comments can be made until 10 November 2015. Read more and have your say.
Reducing synthetic greenhouse gases
Federal Environment Minister, Greg Hunt, has released an options paper on cutting emissions of synthetic greenhouse gases. These gases, widely used as refrigerants, are significantly more potent than carbon dioxide. Approaches explored in the options paper range from outright bans to regular maintenance checks.
Comments on the options paper close on 16 November 2015. Read more and have your say.
Supertrawler inquiry
The Senate Environment and Communications Committee is conducting an inquiry into the environmental, social and economic impacts of supertrawlers operating in Australian waters. Submissions are due by 20 November 2015, and the Committee is required to report on its findings by April 2016. Read more and have your say.
Development of Proposed New Place Names Legislation
Minister for Parks and Environment, Matthew Groom, has released a Place Names Issues Paper exploring options to modernise the process for adopting place names (including dual naming policies). Members of the public are invited to share their views on the various approaches proposed.
Following this consultation, a Stakeholder and Community Consultation Report will be made available early in 2016 for further comment.
Submissions on the Issues Paper close on 30 November 2015. Read more and have your say.
Low Carbon Future for Tasmania
Too often, our vision for the future is constrained by how we currently do things. This Climate Tasmania forum invites you to be creative, imagine a low carbon future and share your thoughts about how Tasmania can get there.
When: 20 October, 5:30pm
Where: Aurora Theatre, IMAS Building, Salamanca
For more information, go to www.climatetasmania.org.
Tasmanian Twitch-a-thon
As part of National Bird Week, twitchers are invited to identify as many bird species as they can during a 24 hour or 8 hour period anywhere in Tasmania. Open to all ages and interests! And participants can also seek sponsors with all money raised going to Birdlife Australia's bird conservation initiatives.
When: Sat 24 October, 7am to Sun 25 October 2015, 7am
Where: Anywhere around Tasmania
For more information, contact Mona on moomin.mona@gmail.com or phone 0439 567 630.
Commercialisation of New Agricultural Crops in Tasmania: Some Lessons from the Past and Present
Tasmania's climate, agro ecology, available resources and expertise make it well placed for the commercialisation of a range of crop species. The results from attempts to commercialise many new crops has been mixed. Using various case studies, Les Baxter, Director of Agriculture R&D, Tasmanian Alkaloids will consider the factors which have contributed to the success and failure of these ventures and future management.
When: Sun 25 October, 2pm
Where: Meeting Room, QVMAG at Inveresk
Click here for more information and to rsvp.
Party Polarisation on Climate Change: A Fuzzy Set Analysis
Political parties are a key obstacle to action on climate change. Party competition heavily shapes government policy, and national governments remain central to policy-making on climate change. PhD candidate in the Department of Politics at the University of York (UK), Fay Farstad will present fuzzy set qualitative comparative analysis (fsQCA) to examine the determinants of party polarisation on climate change.
When: Tues 27 October, 1-2pm
Where: Harvard Lecture Theatre 1, TSBE, Centenary Building, Sandy Bay campus
Click here for more information and to rsvp.
Sustainable Living Festival
A celebration of sustainability with delicious cooking demos, an array of talks and workshops, music, upcycling and kids activities. Come and say hello to EDO Tasmania at site 49.
When: 31 October and 1 November, 10am-4pm
Where: Princes Wharf, shed 1
For more information, click here.
Black Hole screening
Come along to the Hobart screening of this fascinating documentary about the Leard blockade, protesting mining activities at Maules Creek.
When: 4 November, 6:30pm
Where: Village Cinemas, Hobart
To find out more and book tickets, click here.
Cross-Pollinate Conference - "People, Place and Provenance"
A gathering of food producers and food businesses, researchers, government, not-for-profits and consumers to share food and food production stories and ideas.
When: Wed 4 and Thu 5 November
Where: School of Architecture and Design in Inveresk, Launceston (the second day is a field trip in the Tamar)
For more information and to register, click here.
Open House Hobart
Open House Hobart provides rare opportunities across the weekend for the public to discover and explore a hidden wealth of architectural, engineering and historic buildings nestled around their city.
When: Sat 7 and Sun 8 November
Where: All over Hobart. See the Open House Hobart Facebook page for more information.
Open House Hobart are also seeking all kinds of volunteers, from building attendants to bar staff to people who know how to use Instagram. To get involved, email Jen Nichols on jennifer.nichols@architecture.com.au
Fundraising Workshops
As so many of us know too well, many local community organisations are feeling the financial pinch and looking for ways to strategically raise funds. Volunteering Tasmania is holding two fundraising workshops during November with award-winning fundraiser Bianca Crocker of Fish Community Solutions.
Workshop 1
When: Tue 10 Nov, 11am - 4pm
Where: Devonport (venue TBC)
Workshop 2
When: Thu 12 Nov, 8.30am - 5pm
Where: Hobart (venue TBC)
For more information, rates and bookings click here. Early bird rates close on 21 October.
Community Recycling Forum - Community Returns
The Community Recycling Network of Australia (CRNA) forum will provide an opportunity to learn about interesting and innovative ways that local communities conserve, re-use and repurpose resources from recycling leaders from around Australia.
When: Thu 12 and Fri 13 November
Where: Salamanca Inn, 10 Gladstone Street, Hobart
For further details, visit the CRNA website.
Planning, Climate & Environment Law: Where to from here?
The 2015 National Environmental Law Association National Conference programme includes a stellar line up of expert practitioners discussing renewables, environmental policy, the future of environmental law in a changing political climate and the role of economic tools.
Where: Pullman Sydney, Hyde Park
When: Friday, 13 November 2015
For more information, click here.
Tasmanian Eco Film Festival
Check out the inaugural Tasmanian eco Film Fest for four days of engaging and inspiring films (including 6 Australian premieres), thought-provoking Q&As, international VIPs, panel discussions, cocktail events and a closing night dinner by award-winning chef, Luke Burgess.
When: 12 -15 November
Where: mostly at The State Cinema, Elizabeth Street, Hobart.. Check the program for other local venues and bookings
Places are limited, so don't forget to pre-book!
What’s Happening at EDO Tasmania?
EDO Tas AGM and new Management Committee
EDO Tasmania's Annual General Meeting was held on Tue 13 October. We are pleased to welcome in the Management Committee, Roland Browne (President), Leslie Frost (Vice President), Michael Lynch (Treasurer), Dr Ben Richardson (Secretary), Lindi Wall (Public Officer), Dr Tom Baxter, Michael Swanton, Kellie Jay, Alison Hetherington and Sarah Wilson. Our thanks to outgoing committee member, Rosie Gude.
Click here to read our 2014-15 Annual Report.
Summer internships
EDO Tasmania is offering a limited number of two week internships for law, policy and planning students with an interest in environmental law and social justice. Internships are a great way to gain practical experience, use your research skills and get an insight into life at a community legal centre.
Internships are available during the following periods:
- 7 – 18 December 2015
- 11 – 22 January 2016
- 1 – 12 February 2016
Applications close on 13 November 2015. For more information, click here.
EDO Tasmania – Point to Pinnacle Team
Look out for EDO's keen team of Point to Pinnacle walkers and runners. You might see us pounding the pavement in preparation for the 21.5km trek up Mt Wellington on 15 November. Keep an eye on our Facebook page for profiles on our team members.
Cheer us on and sponsor our team! Money raised will help EDO Tas in our ongoing funding marathon, so we can keep using the law to protect precious places. Thanks again to team sponsors Find Your Feet.
First Dog on the Moon - Live for EDO Tasmania 
For one night only the Guardian’s much-loved and highly-acclaimed cartoonist, First Dog on the Moon, will scamper about in an adorable theatre show, with proceeds going to EDO Tasmania! There'll be a bonus musical introduction from the Alpine Quartet and a Q&A session with our favourite Walkley Award-winning marsupial based cartoonist. Don't miss it - book now!
When: 7 November 2015, 8pm
Where: Theatre Royal, Campbell Street, Hobart
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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