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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                     
5 September 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.

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Contents
News 
Law and Policy Updates
Legal Cases

Opportunities to Comment
Events
What’s Happening at EDO Tasmania?
 
 

News 

 

Okehampton Bay salmon farming review


The Minister for Primary Industries, Jeremy Rockliff MP, has released the terms of reference and details for the Marine Farming Planning Review Panel’s review of Tassal’s Okehampton Bay expansion proposal.  The terms address:
  • The environmental science supporting the proposed environmental monitoring and management of the salmon farm;
  • The adequacy of the environmental baseline data and surveys to allow the EPA to establish a contemporary environmental management regime; and
  • The adequacy of the Great Oyster Bay and Mercury Passage Marine Farming Development Plan to allow for the implementation of a contemporary environmental management regime.
Despite the invitation to comment on the adequacy of the baseline data, this data has not been publicly released.    

Submissions can be made until 26 September 2016 (see “Opportunities to Comment” below).

 

Marine Fisheries and Aquaculture Inquiry - draft report


On 31 August 2016, the Productivity Commission released its Draft Report in the Inquiry into Marine Fisheries and Aquaculture.  The draft report makes a number of recommendations to improve the transparency of fisheries management, including:
  • governments should set explicit mortality limits for fisheries with a high risk of interaction with threatened marine species
  • summaries of interactions with protected species within each fishery and total should be available online, including details of the gear type and whether the animal survived, was injured or died as a result of the interaction
  • fisheries advisory groups should be appointed on the basis of expertise and subject to clear conflict of interest policies, performance assessment protocols and reporting arrangements.
The draft report also recommends that all marine recreational fishers be licensed by State governments.  The Tasmanian government has advised that it will consider the draft report, but retains its current policy of no licence fees for saltwater rod and line fishing.
 
The draft Report does not undertake a detailed assessment of aquaculture management arrangements, but repeats recommendations made in an earlier assessment that marine farming regulators should undertake spatial planning and separate the agencies responsible for enforcement from those responsible for industry development.
 
Comments on the draft report can be made until 14 October 2016 (see “Opportunities to Comment” below).  To read the report, click here.

 

US and China ratify Paris Agreement


On 4 September 2016, the US and China submitted documents to UN Chief Ban Ki-moon confirming their ratification of the Paris Climate Agreement.  The Paris Agreement will take effect in 2020 if 55 nations representing at least 55% of global emissions ratify the agreement. Collectively, China and the US represent 40% of emissions, making their ratification a significant step towards implementation of the agreement. 
 
On 31 August 2016, the Minister for Foreign Affairs, the Hon Julie Bishop MP, and the Minister for the Environment and Energy, the Hon Josh Frydenberg MP, confirmed that Australia intends to ratify the Agreement (committing to a national reduction target of 26-28%) by the end of 2016.

 

Climate Change Authority proposes "policy toolkit"; key Authority members say report doesn't go far enough


The Climate Change Authority has released the final report in its Special Review of Australia’s climate goals and policies (as requested by the former Minister for the Environment).  The final report, Towards a policy toolkit, outlines a range of policies Australia should adopt to meet its Paris Agreement commitments but does not specifically address the adequacy of that commitment.  The report “recognises the recent history of climate policy in Australia” and recommends:
  • building on current tools, such as the Emissions Reduction Fund
  • strengthening the safeguard mechanism
  • strengthening energy efficiency standards
  • voluntary offsets for land clearing
The report has been criticised for being guided by political pragmatism, rather than an independent assessment of the actions needed to achieve a fast transition to a low-emissions economy.
 
Two members of the Climate Change Authority, David Karoly and Clive Hamilton, refused to sign the report and instead released a minority report. Their report criticises the Authority's report for failing to discuss the climate budget, endorsing Australia’s inadequate targets and for failing to recommend statutory restrictions on vegetation clearing. To read the minority report, click here.
 
International organisation, Climate Transparency, last week released a review of G20 countries’ Paris commitments and implementation activities, rating Australia’s performance as “inadequate”.  To read the review, click here

 

COAG Energy Ministers' meeting  


On 19 August 2016, Energy and Resources Ministers met in Canberra for the fifth COAG Energy Council Meeting.  Key outcomes include:
  • Adopting an implementation plan for the Gas Supply Strategy to address regulatory and scientific issues associated with increasing onshore gas supply.  Significantly, Victoria did not adopt the plan and, on 30 August 2016, announced a permanent ban on exploration and development of onshore unconventional gas resources.
  • Directing the Australian Energy Market Commission to monitor the “impact of emerging technologies” on networks and propose changes to regulatory frameworks, if required.
  • Funding efforts to improve buildings standards and develop clear rating tools to make it easier for consumers to choose new energy services.
  • Establishing the Matt Zema Energy Studies Scholarship to fund post-graduate research projects contributing to the operation of Australia's electricity and gas markets.  
To read the full meeting communique, click here.

 

New tool being trialled o assist coastal councils and communities to adapt to climate change 


A new online coastal climate risk management framework has been developed by the National Climate Change Adaptation Research Facility (NCCARF) to support adaptation to coastal climate change and sea-level rise. The programme, CoastAdapt, includes tools and information on climate change science, risks, effective response options, and likely costs of action for different regions.

A trial version of CoastAdapt has been released to allow potential users to play around and provide feedback on its usefulness.  To access the trial version, click here.   

 

 

NELA Student Essay Competition

 
The National Environmental Law Association’s Student Essay Competition is now open.  NELA invites any under-graduate or post-graduate student from an Australian university to submit high quality essays on any environmental or climate law topic.  Winners receive $1,000 and a NELA membership.

Essays must be submitted by 2 December 2016.  For more information, click here.


 

Law and Policy Updates


Environmental Management and Pollution Control (Noise) Regulations


New noise regulations commenced on 17 August 2016, introducing clearer mechanisms to regulate noise by setting out acceptable hours of operation for key sources of noise in residential areas.
 
To find out more about the new regulations, click here.
 
 

Changes to Primary Industry Activities Protection Act 1995 commence


Amendments to the Primary Industry Activities Protection Act 1995 (sometimes called the "Right to Farm Act") commenced on 23 August 2016.  The amendments seek to clarify the protection against nuisance claims relating to primary industry activities, and to extend those protections to “planting trees, establishing forests or growing or harvesting timber” on private land.

To find out more about the changes, click here.

 

Marine Farming Planning Act amended


On 24 August 2016, changes to the Marine Farming Planning Act 1995 took effect which increase maximum penalties for breaching licence conditions and reintroduces demerit points for infringement notices.
 
The government flagged earlier this year that further changes would be made to transfer responsibility for assessment of the environmental impacts of marine farming and enforcement activities to the EPA.  To date, no legislation has been introduced to give effect to that commitment, though some enforcement responsibilities were delegated to the Director of the EPA from 1 July 2016.

 

Legal Cases


Full Court confirms Tarkine National Coalition entitled to reasons for mining decisions


On 26 August 2016, the Full Court of the Supreme Court unanimously dismissed the Tasmanian Government’s appeal against an earlier decision finding that the Tarkine National Coalition was entitled to a statement of reasons for decision to grant mining leases for Venture Minerals’ Mt Lindsay and Livingstone projects.  The Full Court found that there was no merit in the Government’s appeal, and Justice Wood’s earlier decision was upheld in full.
 
For a media statement about the decision, click here.  To read the full decision, click here.

 

Federal Court dismisses ACF challenge against Adani coal mine


On 29 August 2016, the Federal Court dismissed the Australian Conservation Foundation’s application for judicial review of the former Environment Minister’s decision to approve the Adani coal mine. ACF had argued that the Minister had failed to consider the impact that emissions from burning the coal (most of which would occur in other countries) would have on the health of the Great Barrier Reef, and had not applied the precautionary principle.  

Justice Griffiths was satisfied that the Minister had considered the emissions, but determined that it was not possible to draw sufficiently firm conclusions as to the likely contribution of the Adani mine to a specific increase in global temperature. His Honour held that it was open for the Minister to find that the “necessary relationship between the taking of the action [mining the coal] and any possible impacts on… the Reef” was not established.

Given the Minister did not find evidence of a serious threat to the Reef as a consequence of the mine, Justice Griffiths held that the Minister was not required to apply the precautionary principle.

To read ACF’s response to the decision, click here. To read the full judgment, click here.  

 
 

Opportunities to Comment


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

 

Closing soon
 

Draft Transport Access Strategy


The Tasmanian Government has released a draft Transport Access Strategy for the provision of better integrated and coordinated transport services. The draft strategy objectives include people living closer to work and education opportunities, collaborations with the private sector, reliable, integrated and affordable public transport networks, improving transport options for disadvantaged communities and providing more passive transport options.

Comments on the draft Strategy can be made until 9 September 2016. Read more and have your say.

 

Draft Energy Security Discussion Paper


Following the combined impact of the record low rainfall over the recent summer period and the Basslink cable being out of service, the Tasmanian Energy Security Taskforce has released a Consultation Paper discussing energy security issues and how Tasmania should position itself to avoid a repeat of difficulties experienced in 2015-2016.

Comments on the Consultation Paper can be made until 9 September 2016Read more and have your say.

 

Heath species to be declared weeds


DPIPWE proposes to declare a suite of heath species and other plants as weeds under the Weed Management Act 1999 to ensure that the environmental and economic risks associated with a spread of the species can be managed.  Landowners with weeds on their property have additional management responsibilities where the weeds are 'declared weeds'.
 
Comments can be made until 13 September 2016Read more and have your say.

 

Closing later


Okehampton Bay salmon farming


The Marine Farming Planning Review Panel has invited submissions addressing the adequacy of scientific data and the current Marine Farming Development Plan to support a “comprehensive environmental monitoring programme” for Tassal’s proposed salmon farming operations at Okehampton Bay.

Submissions addressing the terms of reference for the inquiry can be made until 26 September 2016Read more and have your say.

 

Rock Lobster Rules changes


DPIPWE has released proposed amendments to the Fisheries (Rock Lobster) Rules 2011 for public comment. Proposed changes include allowing unfilled quotas to be carried over, prohibiting multiple night shots, increased quotas and new catch caps and closed area restrictions.

Comments on proposed changes can be made until 30 September 2016Read more and have your say.

 
 
 

Productivity Commission Draft Report - Marine Fishing & Aquaculture


The Productivity Commission has released a draft report in its inquiry into Marine Fishing and Aquaculture.  The report makes a number of draft findings and recommendations regarding the regulatory framework for fishing and marine farming in Australia.

Comments on the Draft Report can be made until 14 October 2016Read more and have your say
 

 

Events

 

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

 

This Changes Everything - free screening  

 
The UTAS Student Environmental Law Society is hosting a free screening of the climate change documentary, This Changes Everything.

When:  6 September 2016, 5:30pm
Where:  Law Lecture Theatre, Sandy Bay campus

For more information, click here.
 
 

Australian Antarctic  Festival


A wonderful schedule of films, boat tours, lectures, exhibitions and other events will take place this week as part of the Australian Antarctic Festival. 

When:  8-11 September 2016
Where:  Hobart

For a full programme, click here.

 

Extinction Matters:  Bio Blitz 


The Bookend Trust and Latrobe Council are collaborating for the second BioBlitz for Threatened Species Week 2016.  Bioblitzes are citizen science efforts in which community members, working with scientists and naturalists, discover and record as many living things as possible within a set site.

When:  9-10 September 2016
Where: Bell’s Parade, Latrobe

To register, click here.

 

Farming and the Law


NRM South, Huon Valley Council’s NRM Unit and EDO Tasmania are hosting an informative one-day workshop on farming and the law, specifically tailored for residents of the Huon Valley. The workshop will help participants to understand current legislation relevant to a range of activities, including vegetation clearance, taking water and weed management.  

When: 10 September 2016, 10am - 3pm

Where: Grove

To RSVP or for more information, contact Tim Ackroyd on 0400 047 665 or tackroyd@huonvalley.tas.gov.au 

 

Roadside Vegetation Management Forum


The North East Bioregional Network and Tamar NRM are hosting this forum to help those involved in roadside vegetation and weed management to identify potential impacts on water quality, weed incursions and loss of remnant native vegetation, and to discuss best practice solutions. Speakers include Todd Dudley, Bill Walker and Herbert Staubmann.

When: 13 September 2016, 10am - 1pm
Where: The Grange, Campbell Town

For more information, contact Herbert (0408 503 602) or Todd (6376 1049)

 

Birdlife Tasmania excursions


Join Birdlife Tasmania for a series of great guided tours to see some of Tasmania’s amazing birds. Locations include Invarawe Gardens, Coningham Nature Reserve and Peter Murrell Reserve.
 
When:  10 and 25 September, 8 and 23 October, 5 November
Where:  Various locations around Tasmania

For more details, click here.


 

Tamar Future Forum

 

The Tamar Estuary and Esk Rivers (TEER) Program, in conjunction with EIANZ and the City of Launceston, invites you to attend the Tamar Futures Forum 2016. 

This free forum will be an interactive day of presentations and discussion exploring Tamar River estuary and catchment management practices, key issues, research topics and future developments.

When: 21 September 2016
Where: QVMAG, Invermay

For a full programme, click here

 

Sustainable Living Festival


This year’s Sustainable Living Festival explores the theme “The Future Could be Awesome!”, inviting a range of innovative and exciting exhibits about ways we can all plan for a bright, sustainable future.

When:  12 – 13 November 2016
Where:  Princes Wharf, Hobart 

For more information, click here.

 

National Environmental Law Conference


The National Environmental Law Association’s national conference offers a great opportunity to catch up on key issues in environmental law and policy and discuss where Australia should be focusing its regulatory efforts. Topics to be covered include Aboriginal heritage laws, biodiversity offsets, restorative justice and innovative enforcement approaches to environmental crime, and duties to disclose climate risks.

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

For more details, go to www.nela.org.au

 

What’s Happening at EDO Tasmania?

 

EDO Tasmania is entering another team in this year’s Point to Pinnacle - all money raised will go towards our ongoing funding marathon to keep protecting places you love.

You can join our team, support one of our team members, or just come and cheer us along on the day.

 

Welcome, Sappho!


EDO Tasmania is delighted to welcome our new fundraising officer, Sappho Brothers, to the team. Sappho brings a wealth of experience - everything from leading Aurora Expeditions to running the great food van, Wingseed (check them out!) - and we're excited to have snagged her for EDO Tas. 

 

Working near Waterways Guide


Our new publication, Working near waterways: Understanding your Legal Obligations, is back from the printers. Free copies of the Guide will be distributed by NRM groups and EDO Tasmania. Thank you to NRM South, NRM North and Cradle Coast NRM for supporting this project.

If you'd like a copy of the Guide, please email us on edotas@edotas.org.au. You can also download the Guide at www.edotas.org.au/waterways.

 

AGM 2016


EDO Tasmania invites all our members and supporters to our annual general meeting to hear about the year that was, and what we've got planned for the year ahead.

When:  19 September 2016, 6pm
Where:  New Sydney Hotel (upstairs)

To RSVP, email edotas@edotas.org.au

 

Membership


As a not-for-profit organisation, EDO Tasmania relies on membership income.  Becoming an EDO member is a good way to demonstrate support for our work and to make sure you’re up to date on all our activities.  Members are also invited to provide feedback on our policy direction, and receive discounted registration for EDO and partner events.

To find out more about EDO membership for 2016-2017, click here.

 

Office closed for renovations


EDO Tasmania will be closed from 19 - 23 September 2016 to undertake some much-needed renovations at the office.  Contact details during that week will be updated on our website.



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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