EDO BULLETIN 
17 March 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
News
Plans for Okehampton Bay onshore facilities to be re-advertised
The Tasmanian Planning Commission has found that proposed amendments to the Glamorgan Spring Bay Planning Scheme to allow construction of a wharf and on-shore processing facilities to support Tassal's Okehampton Bay expansion were not properly advertised. As a result, the Commission found that it had no jurisdiction to assess the proposal and directed the Council to re-advertise and invite further public comment.
The Commission's decision and supporting documents are available here (note: the webpage takes a while to load, so be patient!).
Macquarie Harbour - salmon farming updates
Huon Aquaculture has released the submission it made to the EPA Director regarding the draft biomass determination for Macquarie Harbour, highlighting concerns that the proposed biomass cap could not be sustained. The supporting documentation provides background to the company's decision to challenge the EPA Director's final determination in the Supreme Court. A summary of the material, and Huon's claims, is provided in this Mercury article.
Survey reports also appear to confirm that bacterial matting (Beggiatoa) has been observed within the World Heritage Area adjoining Macquarie Harbour, prompting fresh calls for the Federal Environment Minister to intervene. You can watch the recent 7.30 Report segment discussing the WHA impacts here.
On 17 March 2017, Petuna called for a new management model that sets lease-specific biomass caps, rather than a Harbour-wide cap, to allow companies to manage their impact more effectively. That approach may be considered as part of the current review of salmon farming regulations (see "Events" below).
State of the Environment Report
On 7 March 2017, the Federal Minister for Environment and Energy released the State of the Environment Report 2016.
The SOE Report provides a stocktake of various environmental indicators, detailing improvements in air quality, offshore fishing and agricultural practices, and increased pressures associated with coal mining, habitat fragmentation and degradation, urbanisation, biosecurity and marine pollution. The Report also highlights the compounding effect of climate change on all aspects of the Australian environment.
The full State of the Environment report, summaries and supporting data are available here. An overview by the lead author is available here.
Conservation on private land - survey closing soon
Landholders currently engaged in conservation and stewardship programs on their land (such as covenants, Land for Wildlife and NRM restoration or revegetation projects) are invited to participate in a research survey. The research will help to develop more meaningful programs for landholders seeking to secure their own conservation or stewardship goals.
The survey is available online here. For more information about the project, click here.
Young Environmental Lawyer of the Year announced
Congratulations to Dr Michelle Lim, who was announced last week as the Law Council's 2017 Mahla Pearlman Young Environmental Lawyer of the Year.
Dr Lim is currently a researcher at University of Adelaide and works on trans-boundary biodiversity conservation and the intersection between conservation and sustainable livelihoods. She is also active internationally and chairs the Early Career Group of the IUCN's World Commission on Environmental Law.
Find out more about Michelle's work here.
Law and Policy Updates
Forestry Bill passes lower house
Following a lengthy debate, the Forestry (Unlocking Production Forests) Bill 2017 was passed by the House of Assembly at 3am this morning. The Bill seeks to make 356,000 hectares of Future Potential Production Forest Land (currently reserved until at least 2020) available for logging from 1 July 2018, and to allow the statutory sawlog quota to be met from both private contractors and Forestry Tasmania operations.
The Bill was opposed by Labor and the Greens, and has failed to win the support of key industry bodies like the Forest Industries Association of Tasmania, mountain biking enthusiasts or conservation groups.
The Bill will be debated in the Legislative Council when Parliament resumes in April.
To read our summary of the key changes proposed by the Bill, click here.
Aboriginal Relics Bill introduced
On 15 March 2017, the Aboriginal Relics Amendment Bill 2017 was introduced to amend laws the government has acknowledged are "woefully out-dated and disrespectful". The Bill is broadly similar to the consultation draft and proposes the following key changes:
- Renaming the legislation as the Aboriginal Heritage Act 1975
- Removing the 1876 cut-off, and recognising that contemporary history will contribute to the significance of a place to Aboriginal people
- Replacing the ignorance defence with a defence of complying with due diligence guidelines. The guidelines must be tabled in Parliament and set out the minimum actions required to establish the defence
- Establishing the Aboriginal Heritage Council to advise the Minister
- Significantly increasing penalties, and introducing tiered offences for knowing and reckless damage to Aboriginal heritage
- Extending the time limit for prosecutions to 2 years from discovery of the offence
The Bill also commits the government to completing a more comprehensive review of the Act within 3 years. To read EDO Tasmania's submission on the draft Bill, click here.
Despite its stated intent to improve protection of Aboriginal heritage, the Government remains committed to re-opening 4WD tracks within the Western Tasmania Aboriginal Cultural Landscape, a contradiction consistently pointed out by the Tasmanian Aboriginal Centre.
New laws for neighbourhood tree disputes
The Minister for Police and Emergency Services, Hon Rene Hidding (on behalf of the Attorney-General), has introduced the Neighbourhood Disputes About Plants Bill 2017. The Bill follows a 2016 Tasmanian Law Reform Institute report on Problem Trees and Hedges: Access to Sunlight and Views, which recommended legal changes to efficiently address disputes arising between neighbours where trees block sunlight or views or create risks of physical damage.
Under the Bill, owners and occupiers are responsible for ensuring trees do not cause "substantial, ongoing and unreasonable interference" with a neighbour's use and enjoyment of their land, including by blocking sunlight to rooms, skylights and solar panels, and "severely obstructing" views that existed when the neighbour moved in. Where a dispute regarding interference cannot be resolved, an affected owner / occupier can apply to the Resource Management and Planning Appeal Tribunal.
Details about the Bill are available here.
Opportunities to Comment
Closing soon
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.
Bushfire-Prone Areas Code
The Minister for Planning has directed the Tasmanian Planning Commission to undertake an assessment of draft Planning Directive No. 5.1 Bushfire-Prone Areas Code. The planning directive will apply only to interim planning schemes (to be superseded when the Tasmanian Planning Scheme takes effect).
Comments on the Draft Planning Directive can be made until 31 March 2017. Read more and have your say.
Closing later
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.
For an investigation into the scale of plastic pollution in our oceans, watch Four Corners "An Ocean of Plastic" (screened on 27 February 2017).
National Water Reform inquiry
The Productivity Commission is conducting an inquiry into the reform of Australia's water resources sector and implementation of the National Water Initiative. An initial Issues Paper has been released for public comment.
Comments on the Issues Paper can be made until 18 April 2017. Read more and have your say.
Events
Got an event you'd like us to promote? Contact us at edotas@edotas.org.au
Proof of Life: Are We Really Alive?
As part of Ten Days on the Island, Elizabeth Woods and Kevin Leong are curating an exhibition entitled Proof of Life. The exhibition opening will feature talks by a collection of speakers, including EDO Tasmania lawyer, Jess Feehely, addressing the ways in which communities demonstrate their passion and enrich their lives, sometimes against the odds.
When: 18 March 2017, 1:45 - 5:00pm
Where: Salamanca Arts Centre
For more information, click here.
Ocean Film Festival
The Ocean Film Festival Australia showcases a selection of short films documenting the beauty and power of the ocean, and celebrating the divers, surfers, swimmers and oceanographers who live for the sea’s salt spray; who chase the crests of waves; and who marvel at the mysteries of the big blue.
When: 18 March 2017, 7:00pm
Where: Farrell Centre, Friends School, 395 Argyle Street
For more information, click here.
Coastal frontiers - saltmarsh and mangroves
CSIRO and UTAS are hosting the 3rd Australian Mangrove and Saltmarsh Network Conference. The conference brings together researchers, industry, community and environmental consultants to discuss the latest science and management for saltmarsh and mangrove ecosystems.
When: 21-24 March 2017
Where: CSIRO, Castray Esplanade, Hobart
For more information about the conference, click here.
Cartoonist conversation and forest conservation update
As an extension to the unReserved exhibition currently on display at Wild Island, join cartoonists Kudelka, Polly and Chris Downes for an in-conversation about their profession, creative processes and just how they come up with such cracking cartoons.
Alongside this conversation, get an update on the forests themselves and where the Government's plan to log high conservation value forest reserves is up to.
When: 23 March 2017, 6:30 - 8:00pm
Where: Wild Island Gallery, Salamanca
For more information, click here.
Cat Management Forums
NRM North, Tamar NRM and DPIPWE are hosting afternoon and evening forums on some of the latest research and information on cat management strategies, featuring the following speakers:
- Elodie Modave (University of Canberra) - Cat impacts on prey: a study of predator diets
- Jo Lyall (Natural Environment Services Tasmania) - Cat research in North West Tasmania
- Bruce Jackson (DPIPWE) - Toxoplasmosis impacts on agriculture in Tasmania
- Elise Dewar (DPIPWE) - Bruny Island Project and Cat Tracker Project
- Peter McGlone/Jack Redpath (Tasmanian Conservation Trust) - Cat confinement
When: 30 March 2017, 2.00pm – 4.00pm OR 7.00pm – 8.00pm
Where: Door of Hope, 50 Glen Dhu St, Glen Dhu
For more information, click here.
Cradle Mountain Film Festival
Join the Cradle Mountain Canyons crew for the exclusive outdoor party and screening of Mountainfilm on Tour, One Year in Tasmania Adventure Films, kids' films at Devils@Cradle, self-guided walking / running trails around the mountain huts at Cradle to view short films, yoga on the mountain and much more!
When: 31 March - 2 April 2017
Where: Various locations around Cradle Mountain
For more information, click here.
Living Local Feast
Join Sustainable Living Tasmania for the 7th Annual Living Local Feast – a 13-course celebration of Tasmanian food. This year's feast features chef, Cameron Perry, and the Hamlet team working their magic with local produce.
When: 1 April 2017
Where: Hamlet, 40 Molle St, Hobart
For more information, 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.
Climate litigation seminar - save the date!
EDO Qld lawyer, Sean Ryan, will be discussing legal actions being undertaken around Australia to challenge mining projects on the basis of climate implications. The event will also look at international legal actions challenging government climate policies and similar opportunities to push for reforms locally.
When: 18 April 2017, 6pm
Where: UTAS venue - TBC
More details will be available on the EDO Tasmania website soon.
Aquaculture law reforms
The National Environmental Law Association is hosting a breakfast seminar to hear from EPA Director, Wes Ford, regarding proposed amendments to the regulatory framework for salmon farming in Tasmania. More details will be available soon.
When: 28 April 2017, 7:30am
Where: Law Society of Tasmania, Murray Street, Hobart
What's Happening at EDO Tas?
Summer @ Shambles
Thanks to everyone who came along to our Summer @ Shambles event. A particular thanks to our performers, DJ Beezy, The Scary Family Band, Emma Anglesey and Mocane, our market stall holders, face-painter extraordinaire, and to Shambles for the wonderful venue and brews. You can see photos from the event on our Facebook page (thanks to Alex Edwardes for the pics).
Volunteering with EDO Tasmania
Our staff will be running an information session on volunteering opportunities with EDO Tasmania at UTAS Law School on 6 April 2017 at 1pm.
To register your interest, email us at edotas@edotas.org.au.
Visit from the Shadow Attorney-General
We were lucky enough to recently have a visit from Federal Shadow Attorney-General, Mark Dreyfus QC MP. Mr Dreyfus is a strong supporter of access to justice, and increased funding to EDOs when last in government.
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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