EDO BULLETIN 
10 February 2017
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(ish) Bulletin contains news about current developments in planning and environment law, upcoming events and opportunities for public comment.
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HIGHLIGHTS
Can You Dig This? Sowing the seeds for urban agriculture in Tasmania
 Join EDO Tasmania for an evening of film, food and stories about urban agriculture projects bringing communities together. Commencing at 5:30pm with canapés from local produce, wine and brief presentations from Kirsha Kaechele, James Da Costa and Graeme Lynch about various local food projects, and culminating with a screening of the acclaimed documentary, "Can You Dig This", it's an event not to missed.
When: 21 February 2017
Where: UTAS School of the Arts (Hunter St, Hobart)
Get your tickets at https://can_you_dig_this.eventbrite.com.au
News
Court challenges to Macquarie Harbour salmon farming caps
On 6 February 2017, Huon Aquaculture (HAC) launched legal proceedings in the Supreme Court challenging the EPA Director's recent biomass cap determination for Macquarie Harbour, saying the cap has been set too high to reverse the significant deterioration in water quality observed in the Harbour over recent years.
HAC is also seeking orders from the Federal Court requiring the Commonwealth Minister to enforce or, alternatively, quash, the 2012 decision authorising the expansion of salmon farming in the Harbour. The matter is set down for an initial mention in March 2017.
Huon's statement regarding these actions says the company's aim is to "ensure Government decision making is transparent, fair and has a clear eye on a long-term sustainable future of the waterway." To read their media release (including a detailed summary of the two cases), click here.
The IMAS monitoring report which HAC claims supports its call for a lower cap was publicly released on 8 February 2017. The EPA Director intends to defend his determination, and has confirmed that Tassal has been ordered to de-stock one of its pens in Macquarie Harbour.
SCS Global Services will be conducting the independent review of Tassal's operations Macquarie Harbour under the Aquaculture Stewardship Council’s (ASC) Salmon Standard next week. SCS will be holding public meetings in Strahan and Hobart on 15 - 16 February 2017 (see "Events" below).
You can also read Linda Sams' Talking Point in today's Mercury discussing Tassal's approach to fish farming.
Tassal referred to Privileges Committee for alleged interference with Inquiry witness
On 9 February 2017, the Senate directed the Standing Committee on Privileges to investigate whether Tassal improperly influenced a witness at the 2015 Senate Inquiry into the Regulation of Fin-Fish Aquaculture. The Committee will investigate whether Tassal pressured mussel-farmer, Warwick Hastwell, to withdraw from his scheduled presentation to the Inquiry.
For more information, click here.
Fanny Cochrane Smith recordings inscribed in World Register
On 9 February 2017, the 1899 and 1903 recordings containing the only spoken records of any one of the original Tasmanian Aboriginal languages, as spoken and sung by Fanny Cochrane Smith, were officially inscribed on UNESCO's Australian Memory of the World Register. The Register honours documentary heritage of significance for Australia and the world.
For more information about the significance of the recordings, click here.
Productivity Commission to inquire into water reform
Treasurer Scott Morrison has instructed the Productivity Commission to undertake an inquiry into "progress with the reform of Australia's water resources sector", focusing on implementation of the National Water Initiative and interaction of policies on water, energy, agriculture and planning.
The Commission will release an issues paper in March 2017 for public discussion, with a view to submitting its final report in December. For information regarding the terms of reference for the inquiry, click here.
Citizen science grants
The Department of Industry, Innovation and Science is offering grants of $50,000 to $500,000 to support community participation in scientific research projects with a national impact.
Applications close on 17 February 2017. For more information, click here.
Mahla Pearlman Young Environmental Lawyer of the Year nominations
Know a fabulous, young environmental lawyer or legal academic? The Law Council is calling for nominations for the 2017 Mahla Pearlman Australian Young Environmental Lawyer of the Year award. Last year's winner was EDO NT's principal lawyer, David Morris.
Nominations must be received by 28 February 2017. For more information, click here.
Opportunities to Comment
Closing soon
National Heritage Places nominations
The Commonwealth Government is calling for nominations for places of exceptional natural, Indigenous, or historic significance to be added to the National Heritage List.
Nominations can be made until 17 February 2017. For more information, click here.
Finkel review
Australia's Chief Scientist, Dr Alan Finkel AO, released his preliminary report on the Future Security of the National Electricity Market for public consultation in December 2016.
Comments on the report can be made until 21 February 2017. Read more and have your say.
The review team is also holding a public consultation meeting in Hobart on 14 February 2017. For details, see 'Events' below.
Shellfish fishery management plan
A draft management plan to replace the current Shellfish Management Plan regulating Angasi oysters, Venerupis clams (Georges Bay), Katelysia cockles (Ansons Bay) and wild Pacific oysters from State waters has been released for public comment. Proposed changes include altering licensing requirements and purging conditions.
Submissions on the draft plan can be made until 24 February 2017. Read more and have your say.
Draft Aboriginal Heritage Bill
The Tasmanian government has released draft legislation to amend the Aboriginal Relics Act 1975. The Bill is designed to give effect to the immediate, minimal changes flagged by the Government earlier in 2016, including
- renaming the Act as the “Aboriginal Heritage Act”;
- removing the 1876 “cut-off” for what is considered as Aboriginal heritage;
- increasing penalties for damage to Aboriginal heritage;
- replacing the ignorance defence with a due diligence defence, supported by due diligence guidelines;
- establishing a statutory Aboriginal Heritage Council of Aboriginal people to advise the Minister.
The Government intends to undertake a more comprehensive review of Aboriginal heritage laws within 3 years. For a comparison of Aboriginal heritage laws in other states, click here.
Comments on the draft Bill can be made until 24 February 2017. Read more and have your say. To read EDO Tasmania's earlier submission regarding the proposed changes, click here.
Closing later
Shark mitigation
The Senate Environment and Communications Committee is conducting on inquiry into the efficacy and regulation of shark mitigation and deterrent measures. The inquiry will consider research into shark populations, habitat ranges and behaviour, exemptions under the EPBC Act, bycatch caught in shark nets, current mitigation measures, available alternatives and emerging technologies.
Submissions to the inquiry can be made until 3 March 2017. Read more and have your say.
Vehicle emissions and fuel quality standards
Following public consultation last year, the Ministerial Forum on Vehicle Emissions has released three further consultation papers:
- a draft Regulation Impact Statement for introducing fuel efficiency standards for light vehicles;
- a draft Regulation Impact Statement on strengthening noxious emissions standards for light and heavy vehicles; and
- a discussion paper on improving fuel quality standards.
Submissions on the papers can be made until 10 March 2017. Read more and have your say.
For a critique of the proposed standards, and how they compare with those in place in Europe, you can read a recent Conversation article by Robyn Schofield and Mark Stevenson.
National Environmental Biosecurity Response Agreement
Commonwealth, State and Territory governments are undertaking an independent review of the National Environmental Biosecurity Response Agreement, which sets out responsibilities for responding to significant pest and disease incursions. A discussion paper is now available, providing background to the Agreement and its key policies and processes, and highlighting key themes for discussion under the review.
Submissions to the review can be made until 17 March 2017. Read more and have your say.
River Clyde Catchment Water Management Plan
DPIPWE has released a draft amendment to the current River Clyde Water Management Plan 2005, proposing the following changes:
- Improved access provisions
- Lower cease-to-take thresholds
- Formalisation of non-commercial town water rights (provided Surety Level 1 allocation)
- Clearer information regarding access priorities and accountability in times of water scarcity
Comments on the draft amendments can be made until 20 March 2017. Read more and have your say.
Nomination of threatened species
The Department of Environment and Energy is inviting nominations for the EPBC threatened species list. Where a species is included on the list, a conservation advice (and, in most cases, a recovery plan) will be developed to guide management decisions, and activities likely to impact on the species will be subject to the EPBC Act.
Nominations can be made until 31 March 2017. For more information regarding eligibility and the nomination process, click here.
Marine Plant Draft Management Plan 2017
DPIPWE has released a draft management plan for the Tasmanian marine plant fishery, encompassing the taking of cast kelp, other cast seaweeds and introduced marine plant species.
Submissions on the draft plan can be made until 3 April 2017. Read more and have your say.
Draft Threat Abatement Plan - Marine Plastics
The Department of the Environment & Energy has released a draft Threat abatement plan for the impacts of marine debris on vertebrate marine species outlining a national strategy to manage threats posed by marine debris and guide investment and efforts by governments, research organisations and non-government organisations.
Key actions are proposed to encourage a circular economy, reduce single use plastics, ensure planning decisions consider the potential to increase marine debris, improving management of ghost nets and shipping waste, and improving data collection methods.
Comments on the draft plan can be made until 13 April 2017. Read more and have your say.
Events
Industrial Chemicals Risk Management Standards Workshop
As part of the review of industrial chemicals management across Australia, the Department of the Environment and Energy is holding workshops to discuss the Draft National Standard for Environmental Risk Management of Industrial Chemicals.
When: 14 February 2017, 10:30am
Where: Best Western Hotel, Hobart
For more information, click here.
Finkel Review: Future Security of the National Electricity Market
The Department of the Environment and Energy is hosting a public consultation meeting as part of Dr Alan Finkel AO's review of the national electricity market. Dr Finkel's preliminary report, exploring various ways to cut emissions with a view to achieving 'net zero' emissions, is available here.
When: 14 February 2017, 1:30pm
Where: Hotel Grand Chancellor, Hobart
For more information, click here.
Macquarie Harbour audit - public meetings
SCS Global are hosting two public meetings as part of their audit review of Tassal's ASC certification for its Macquarie Harbour operations.
- West Coast - 15 February 2017, 6pm at the Strahan Fire Station
- Hobart - 16 February 2017, 6pm at the Salamanca Inn
To register for the meetings, email slowe141@gmail.com by 10 February 2017.
Launch of the George Town Coastal Communities Action Plan Update 2017
The George Town Coastal Communities Action Plan update, finalised by the George Town Coastal Management Group, sets out a range of management actions for the coastal zone from George Town to Bellingham and areas around Hillwood. Actions include weed control programs, dealing with coastal erosion, feral animal control, access track maintenance and fire management.
The updated Action Plan will be officially launched by the Minister for Environment, Parks and Heritage, Hon. Matthew Groom, followed by a presentation from the Save the Devil Program and a coastal walk.
When: 16 February 2017, 11am
Where: Tam O'Shanter Golf Club
For more information, click here.
Can You Dig This? Sowing the Seeds for Urban Agriculture
Join EDO Tasmania for an evening of film, food and discussion about local food projects across Tasmania, including a screening of acclaimed documentary, Can You Dig This.
When: 21 February 2017, 5:30pm
Where: UTAS Arts School (Hunter Street, Hobart)
For more information, click here.
Music for a Warming World
Climate Tasmania is hosting a series of talks and performances telling the compelling story of climate change. Events include:
Climate Change: How bad is it, how to fix it and what will it cost? - Prof Eelco Rohling
21 February 2017, 6pm - IMAS Building
Dangerous Climate Change: An artistic response - Prof Christine Parker and Dr Simon Kerr
23 February 2017, 1pm - IMAS Building
Music For a Warming World performances
- 24 February 2017, 7:30pm - Clarence Uniting Church
- 25 February 2017, 7:30pm - Brookfield Shed
- 26 February 2017, 3:00pm - Moonah Arts Centre
For more information, visit the Climate Tasmania website.
Planning and Development Law Update
This Legalwise seminar looks at the current state of planning law in Tasmania, things you need to know about the new Building Act, and pitfalls in our heritage laws. Seminar presenters include David Morris and Adam Beeson (Simmons Wolfhagen), Anthony Spence (Page Seager) and Keyran Pitt QC.
When: 23 February 2017, 2:00pm
Where: Hadleys Hotel
For more information, click here.
Tree Project
In 2016, the Tasmanian Tree Project team spent over 8 weeks in the Styx Valley filming, photographing and climbing giant Eucalyptus regnans trees. The result is a spectacular exhibition currently on display at the Tasmanian Museum and Art Gallery.
When: Until March 2017
Where: TMAG
For more information about the project, click here.
Wild Island Photography Workshop
Wild Island is hosting a photography workshop with nature photographers Rob Blakers and Loic Le Guily. The workshop will include opportunities for rainforest, mountain and autumn fungi photography and the option of helicopter sunrise and sunset photography in the Tarkine.
When: 5 -9 April 2017
Where: Cradle Mountain and the Tarkine Rainforest
Bookings are essential. For more information, click here.
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