EDO BULLETIN 
19 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
Narawntapu National Park Management Plan – Director’s report released
The Director of National Parks and Wildlife’s report into representations received in response to proposed amendments to the management plan for Narawntapu National Park has been referred to the Tasmanian Planning Commission for review. Many of the representations raised concern that the amendments responded to an EOI proposal, rather than an assessment of natural values within the Park.
The Director’s report notes that, while the amendments will remove a prohibition on horse riding along the full stretch of beach within the Park, any future proposal will still be subject to an assessment before approval. Given that, the Director recommends proceeding with the amendments.
The report is available from until 14 October 2016. Please note, comments are not being sought on the report – it is available for public review only. The Tasmanian Planning Commission is yet to determine whether it will hold hearings prior to making its report to the Minister. If hearings are held, any person who made a representation will be invited to attend.
To read the Director’s report, click here.
Macquarie Island – closing, not closing
On 13 September 2016, the Australian Antarctic Division announced that Australia’s permanent scientific presence on Macquarie island, which was established in 1948, would cease in March 2017. From that date, activities were to be limited to summer expeditions.
Following concerns raised by scientists, the public and Tasmanian politicians, Federal Minister for the Environment, Josh Frydenberg, reversed the decision and asked the AAD to provide “options to ensure a permanent all-year-round presence on the island is maintained”.
Forest residues
On 14 September 2016, the Minister for Forests announced that contracts had been issued to the following companies as part of the Government's “Southern residue solutions” project:
- Majestic Timbers Australia - up to 180,000 tonnes annually for export in containers from Hobart’s Macquarie Wharf to markets in South-East Asia;
- Les Walkden Enterprises - up to 150,000 tonnes annually to be transported to Bell Bay for processing and export for paper production.
The government has committed to not providing any public funds for either of the proposals.
To read the government announcement, click here. Hobart City Council has also raised concerns regarding the traffic implications of the proposals.
30 Plant species added to Threatened Species Strategy priority list
On Threatened Species Day, the Threatened Species Commissioner announced that 30 endangered plant species had been prioritised for protection under the Threatened Species Strategy, adding to the 20 birds and 20 mammals that will be subject to priority actions to 2020.
Tasmanian species included in the 30 by 2020 list include the Shy Susan, Stuart’s Heath and Morrisby’s Gum. To see the full list, click here.
Licence to kill: new EDOs of Australia report
Following the recent Federal Court ruling that the Minister for the Environment had not erred in finding that the Adani Carmichael coal mine would not have a significant impact on the Great Barrier Reef, EDOs of Australia has released a report examining the adequacy of the approval granted for the project.
The report concludes that the approval conditions, which the former Environment Minister referred to as particularly stringent, failed to protect biodiversity or World Heritage values or to ensure transparency and accountability of the mining operations
Using the Carmichael permit as an example, the report makes a number of recommendations for how mine assessments and approvals should be undertaken to better protect matters of national environmental significance. To read the report, click here.
Feasibility study of second Basslink
The Tasmanian Minister for Energy, Matthew Groom MP, and the Federal Minister for the Environment and Energy, Josh Frydenberg MP, announced a joint feasibility study into a second Basslink cable. The study, due to be completed by January 2017, will also provide advice on how best to use and develop Tasmania’s current and prospective large-scale renewable energy resources.
To read more, click here.
Submissions to Wild Fallow Deer inquiry
Submissions made to the Legislative Council inquiry into management of wild fallow deer are now publicly available. Hearings in respect of submissions are expected to take place in November 2016.
To read the submissions, 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
Microbead ban bill rejected
On 14 September 2016, the Private Member's Bill proposed by Madeleine Ogilvie MP, the Microbead Free Waters Bill 2016, failed to get government support in the House of Assembly. The Bill proposed an immediate ban on the sale, importation and manufacturing of microbeads in Tasmania, but the government considers that such a Bill is premature in light of ongoing national discussions regarding implementation of the commitment to phase out microbeads.
For more information about the Bill, click here.
Changes proposed to Abalone Rules
DPIPWE has proposed changes to the current Fisheries (Abalone) Rules 2009, as well as new fee arrangements for the abalone fishery. The proposed amendments include changing the boundaries of the Central Western zone, reducing the size limit for recreational catches of blacklip in northern waters and increasing the size limit for greenlip in the north east.
The proposed amendments are open for comment until 7 October 2016 (see "Opportunities to Comment" below). To find out more, click here.
Legal Cases
Full Federal Court rules in 4WD tracks case
On 16 September 2016, the Full Federal Court handed down a unanimous decision in the Tasmanian Government’s appeal against Justice Mortimer's earlier decision that the proposed re-opening of 4WD tracks in the Western Tasmania Aboriginal Cultural Landscape (WTACL) was an action that was likely to have a significant impact on indigenous heritage values. Justice Mortimer's ruling meant that the action could not proceed without approval from the Federal Environment Minister under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
The Full Court upheld the appeal, in that they found that Justice Mortimer had interpreted both "action" and the indigenous heritage values protected by the listing of the WTACL too broadly. However, the Full Court also found that the approach advocated by the State Government was far too narrow. The Full Court considered that, while declaration of the tracks was not an action under the EPBC Act, the works needed to open the tracks (including remediation works, re-routing tracks and installing culverts) would be actions. The Full Court held that the values protected were limited to those values described in the listing documents, but acknowledged that other material could be referred to to give context to those values.
The Full Court directed the parties (the State Government, the Commonwealth Government (as intervener) and the Tasmanian Aboriginal Centre) to try to reach agreement on orders to give effect to its findings. The Full Court noted that nothing in its judgment should discourage the State Government from pro-actively referring the proposal to the Federal Minister for assessment under the EPBC Act.
We will provide an update on the terms of any agreement reached by the end of the week. For a media statement about the decision, click here. To read the full decision, click here.
Government will not appeal TNC standing decision
The Tasmanian government has confirmed that it will not appeal against the Full Court of the Supreme Court's ruling that the Tarkine National Coalition was entitled to a statement of reasons for decisions to grant mining leases for the Mt Lindsay and Livingstone projects.
Opportunities to Comment
Closing soon
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 2016. Read more and have your say.
Closing soon
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 2016. Read more and have your say.
Abalone Rules changes
DPIPWE has proposed changes to the current Fisheries (Abalone) Rules 2009, including changes to the boundaries of the Central Western zone, reducing the size limit for recreational catches of blacklip in northern waters and increasing the size limit for greenlip in the north east.
Comments on the proposed changes can be made until 7 October 2016. Read more and have your say.
Commonwealth Marine Reserves review
The long-awaited reports of the in the Commonwealth Marine Reserves Review were released on 5 September 2016. Following the election of the coalition government in 2013, five Commonwealth Marine Reserve management plans were suspended (excluding the South East Commonwealth Marine Reserve surrounding Tasmania) and an independent panel was established to review the location of Commonwealth Marine Reserves and conditions of management plans for those reserves.
The Director of National Parks is preparing to develop new management plans for the Commonwealth Marine Reserves having regard to the review reports.
Public comments on matters the Director should consider in developing the draft management plans can be made until 11 October 2016. Read 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 2016. Read more and have your say.
Hearings will be held in Hobart on 7 October 2016. If you’d like to appear at the hearing to comment on the draft report, register here.
Events
Got an event you'd like us to promote? Email us at edotas@edotas.org.au
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: 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.
Ocean Plastic: Not Fantastic
Join Dr Heidi Auman and Matt Dell for an informative evening discussing the physiological and toxicological impacts of marine plastic debris on seabirds, as well as practical actions to reduce marine debris.
When: 21 September 2016, 7.00pm – 8.30pm
Where: Wild Island Gallery, Salamanca
For more information, click here.
Permaculture films - Changemaker Film screenings
Changemakers Tasmania and Sustainable Living Tasmania are hosting screenings of two great documentaries about establishing thriving, edible gardens.
- The Permaculture Orchard: Beyond Organic - 22 September 2016, 6pm
- The Market Gardener's Toolkit: 25 September 2016, 12pm
Both films are screening at Sustainable Living Tasmania. For more information, click here.
Community wildlife and feral cat monitoring on Bruny Island
Be part of this exciting, island-wide monitoring to identify what animals live where, and what they are eating. The citizen-science project will help to identify important wildlife habitat across the island and areas where feral cat control is needed. Attend the field day to learn how to set up a camera on your property, and how to identify the animals caught on camera.
When: 24 September 2016, 11.00am – 2.00pm
Where: The Neck Camping Ground, Bruny Island
For a more information, 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?
Time is running out to join our team for the Point to Pinnacle, with only a handful of registration places left.
If you're not keen to participate, you can still support one of our team members, or just come and cheer us along on the day. All money raised will go towards our ongoing funding marathon to keep protecting places you love.
AGM 2016
Reminder that our AGM is being held tonight. All members and supporters are welcome to come along and hear about the year that was, and what we've got planned for the year ahead. We'll publish our Annual Report on our website after the event.
When: 19 September 2016, 6pm
Where: New Sydney Hotel (upstairs)
To RSVP, email edotas@edotas.org.au
Quiz Night
Shazam! EDO Tasmania quiz night is back by popular demand. 
Join us on 4 November 2016 for an evening of trivia, food, wine and fun - get a table together for the Super Defender special. To book, 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.
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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