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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                     
25 October 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.

If you know someone who would like to receive this bulletin, please invite them to subscribe.


Contents
News 
Law and Policy Updates
Legal Cases

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

News 


 

Get your tickets for the EDO Quiz Night to help us keep up the fight


Our annual quiz night is being held on 4 November 2016.  We've only got a few tables left, so get in quick! It's guaranteed fun, and all profits go to EDO Tasmania. For details, go to "Events" below.

 

UN Special Rapporteur Reports on Human Rights Defenders

Following two weeks of meetings with stakeholders across Australia, on 18 October 2016 the UN Special Rapporteur on Human Rights Defenders released an end-of-mission report.

The report raises concerns regarding actual and proposed restrictions on the activities of refugee, Aboriginal, environmental and social justice advocates.  Special Rapporteur, Michel Forst, was "astonished to observe mounting evidence of a range of accumulative measures that have levied enormous pressure on Australian civil society."

In relation to environmental issues, Mr Forst was particularly critical of government attempts to reduce standing for environmental groups to challenge decisions, vitriolic terms such as "lawfare" being used to describe those challenges, funding cuts to EDOs, threats to tax deductibility for environmental advocacy groups, and Tasmania's anti-protest laws.

You can read the full report here.

Despite the report urging the government to abandon plans to limit standing under the EPBC Act, the government has this week renewed criticism of "vigilante" legal attacks on coal projects and indicated that the standing reform proposal may be re-introduced.

 

Govt flags option for early end to logging moratorium


As part of the 'forest peace deal', 400,000ha of high conservation forest was flagged for future reservation.  When the Forestry (Rebuilding the Forest Industry) Act 2014 was introduced to undo the deal, the 400,000ha was declared Future Potential Production Forest (FPPF) land.  No native forest harvesting can occur on FPPF land, nor can the land be sold, transferred or converted to timber production land until April 2020.    

On 12 October 2016, the Minister for Resources announced that the government is considering amendments to bring forward the 2020 date, following advice from Forestry Tasmania that it would be difficult to meet contractual supply obligations from non FPPF forests in a financially prudent manner.  To date, no formal legislative amendments to move the 2020 restriction have been proposed.

The Minister has separately announced the 13 successful applicants for the Wood and Fibre Processing Innovation Program grants.

 

International Whaling Commission meeting


The International Whaling Commission will meet from 23-25 October 2016. Minister Frydenberg has stated that the Australian Government intends to call on the Commission to "take greater responsibility for how it deals with so-called ‘scientific’ whaling, including Japanese whaling in the Southern Ocean."  To read the Japanese government's opening statement, click here.

To follow the outcome of meetings, click here.  
 
 

Forest issues study


UTAS PhD candidate, Rebecca Banham, is investigating what Tasmanians think about forest issues.  She is looking for Tasmanian residents to take part in anonymous, one-on-one interviews discussing their stories about Tasmania’s forests.

If you’re interested in being involved in the project, contact Rebecca on Rebecca.Banham@utas.edu.au or 6226 2331

 

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

 

Aboriginal Constitutional recognition


On 13 October 2016, the Constitutional Amendment (Constitutional Recognition of Aboriginal People) Bill 2016 was passed by the House of Assembly (despite a motion proposed by Labor and the Greens to postpone debate until there was greater support from the Aboriginal community).

The Bill, which amends the preamble of the Tasmanian Constitution to acknowledge the Aboriginal people as the traditional owners of Tasmania's lands and waters and to recognise the Aboriginal community's ongoing connection to country, has been criticised for being tokenistic.

The Bill is yet to be debated in the Legislative Council.  To read the Bill, click here.


 

Legal Cases

 

takayna / Tarkine 4WD tracks to be referred to Federal Minister

On 12 October 2016, the Chief Justice of the Federal Court handed down final orders in the takayna / Tarkine tracks case. The Full Court, which had earlier found that works required to open the tracks were “actions” within the meaning of the Environment Protection and Biodiversity Conservation Act 1999, ordered that the case be remitted to Justice Mortimer for further consideration of the impacts of the actions on Aboriginal heritage values.

The Tasmanian Government has stated that it remains committed to opening the tracks, but has committed to referring the proposal to the Federal Minister. Such a referral may remove the need for a further hearing, instead placing responsibility for determining whether the proposal is a "controlled action" with the Federal Minister.

Given the significant, irreplaceable heritage values of the area, rigorous assessment under the EPBC Act is essential.  For background to the case, click here.

 

EDO NT case overturns Port Melville approval

The Federal Court has quashed the approval of the $130m marine supply base at Port Melville (north of Darwin) under the EPBC Act, following an action commenced by the Environment Centre of NT (represented by EDO NT). 

A delegate of the former federal environment minister Greg Hunt had earlier determined that the controversial development was not a controlled action (and therefore did not require assessment or approval), provided it was carried out in accordance with a range of complex conditions. Justice White ruled that this decision was uncertain, and therefore invalid.

The matter will now be sent to Environment and Energy Minister, Josh Frydenberg, to reconsider whether the development is a controlled action.  For more information about this important case, click here    
 

Opportunities to Comment


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

 

Closing soon

 

Marine Reserves review
 

The Australian Government has extended the deadline for public comments on the reports on the independent Commonwealth Marine Reserves Review. The review relates to Commonwealth Marine Reserves established in November 2012 – those in the South-west, North-west, North, Temperate East and Coral Sea marine regions.

Public comments on matters the Director should consider in developing the draft management plans can be made until 31 October 2016Read more have your say.

 
Okehampton Bay wharf proposal


Glamorgan Spring Bay Council has certified a proposal by Spring Bay Seafoods and Tassal to facilitate the development of wharf and shore facilities (including sheds, office and carpark) to support the Okehampton Bay marine farming expansion.

Public comments in relation to the proposed amendments and development application can be made until 1 November 2016Read more and have your say
 

Neighbourhood Disputes (Vegetation) Bill 2016


The Tasmania Government has released a draft Neighbourhood Disputes (Vegetation) Bill 2016 to deal with neighbourhood disputes regarding overhanging branches and problem hedges. The Bill responds to a Tasmanian Law Reform Institute report released earlier this year on 'problem hedges', but also deals with other vegetation matters. 

The Draft Bill proposes a range of dispute resolution options, including mediation and powers for the Resource Management and Planning Appeal Tribunal to make orders, reinstates rights of abatement and clarifies the rights and responsibilities of landowners regarding the impacts of vegetation.
 
Comments on the draft Bill can be made until 4 November 2016. Read more and have your say
 

Draft Recovery Team Guidelines


The Federal Department of Environment and Energy is seeking feedback on draft best practice guidelines and reporting frameworks for recovery teams, as part of its commitment under the Threatened Species Strategy to improve recovery actions.  "Recovery teams" are collaborations of stakeholders working to develop or implement recovery plans, conservation advice or other programmes for a threatened species or ecological communities.

Comments on the draft guidelines and reporting template can be made until 7 November 2016. Read more and have your say.
 

Tasman National Park Management Plan


Draft amendments to the management plan for Tasman National Park have been proposed to remove restrictions on helicopter landings and allow for tourism access to Tasman Island to be considered.  The amendments respond to a proposal submitted by Rotor-Lift Aviation as part of the Expressions of Interest Tourism process.

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

 

Closing later

 

Impacts of climate change on marine fisheries and biodiversity


The Senate Standing Committee on Environment and Communications is undertaking an inquiry into the current and future impacts of climate change on marine fisheries and biodiversity, including the effect on fish stocks and broader marine ecosystems.  The inquiry will also examine the adequacy of protections for marine biodiversity, biosecurity measures and monitoring systems in responding to current and projected climate change impacts.

Submissions to the Inquiry can be made until 14 November 2016. Read more and have your say

 

Events

 

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

 
 

Quintessential Tasmania at Risk


Join Pete Hay, Theresa Sainty, Martin Hawes, Rob Blakers and Geoff Law for a discussion about the values of the Tasmanian Wilderness World Heritage Area and how protection of those values is at risk.

When: 26 October 2016, 6pm
Where: Dechaineux Theatre, Hunter Street

For more information, click here.

 

The Soil Story: A Practical Solution to Climate Change

Hear from internationally renowned soil ecologist, Dr Christine Jones, regarding the potential for soil management techniques to contribute to Australia’s response to climate change.

When: 27 October 2016, 6pm
Where: Dechaineux Theatre, Arts School

For more information, click here.

 

EDO Quiz Night

Get your friends together for a night of trivia, food, wine and fun, all while helping EDO Tasmania.  Super-defender specials still available...

When:  4 November 2016, 7pm
Where: Wesley Hall, Hobart

For more information, click here.

 

Birdlife Tasmania excursions

Join Birdlife Tasmania on their series of guided tours to see some of Tasmania’s amazing birds. Locations include Calverts Lagoon, Lake Dulverton and Peter Murrell Reserve.
 
When:   5 and 20 November 2016, 3 December 2016
Where:  Various locations around Tasmania

For more details, click here.

 

Open House Hobart

Open House Hobart offers a great opportunity for architecture fans, mystery lovers and sticky beaks to explore Hobart’s secret places. From stately heritage buildings to exciting home renovations, from churches to office blocks and underground tunnels, there is something for everyone.

When:  5-6 November 2016
Where: Various locations, Hobart and beyond

For more information, click here.  If you're interested in volunteering at the
event, email tas@architecture.com.au 
 

Hobart plant and seed swap

City of Hobart Activation is holding a huge plant and seed swapping event, with a special guest appearance of Tino Carnevale of Gardening Australia.  

When:  9 November 2016, 11am – 1pm
Where: Mathers Place, 108 Bathurst St, Hobart

For more information contact Amanda Midgley on 6238 2953 or click here.

 

Tasmanian Planning Reforms: Public meeting

Wondering what the current planning reforms might mean for you? Come along to a lunchtime meeting to hear a variety of perspectives, including from Professor Michael Buxton, RMIT, discussing the impacts that Victorian reforms have had on urban planning, neighbourhood character and public participation.

When: 8 November 2016, 1:10pm - 2pm

Where: Hobart Town Hall, 50 Macquarie Street

More details will be released soon.


Marrying Public and Private Interests for Planning: Getting the balance right for mutual benefit


Mark World Planning Day with the biennial Abercrombie Lecture, this year delivered by Professor Roz Hansen - Chair of the Ministerial Advisory Committee for Plan Melbourne.

When:  8 November 2016, 6pm
Where: UTAS Medical Science Precinct, cnr Liverpool and Campbell Streets

For 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.
 

Tasmanian Eco Film Festival

The Tasmanian Eco Film Festival is on again featuring eco-themed films, panel discussions and art exhibitions.

When: 17-20 November 2016
Where: Various locations around Hobart

For more information, click here.
 


National Environmental Law Conference - What Can Environmental Law Do Better?


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. Kicking off with a presentation by Prof Tim Flannery, the event will cover everything from Aboriginal heritage laws and biodiversity offsets to 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?

 

Summer internships

Law, planning, geography and politics students with a genuine interest in environmental issues and social justice are invited to apply for our 2016-2017 summer internship programme. It's a great opportunity to gain practical experience and learn more about Tasmania's resource management system.

Internships are available during the following periods:

  • 5 – 16 December 2016
  • 9 – 20 January 2017
  • 6 – 17 February 2017

Click here for the 2016 Internship information pack (and application form).  Applications are due by 7 November 2016.


 

The count down is on for Team EDO, who will be walking or running up kunanyi / Mt Wellington on 13 November 2016. 

Help us with our funding marathon to protect Tasmania's environment by supporting one of our team members.




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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