EDO BULLETIN 
6 December 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.
HIGHLIGHTS
News
EPA to set lower salmon biomass levels for Macquarie Harbour
The Director of the EPA has made a draft determination reducing cumulative biomass limits for salmon farms in Macquarie Harbour from 21,500 tonnes to 14,000 tonnes. Following an assessment of the Spring monitoring data and review by IMAS, the EPA Director acknowledged that low oxygen levels were likely to be contributing to "a change to the in-fauna ecology in the vicinity of the leases."
Huon Aquaculture has called the proposed reduction inadequate to address deteriorating environmental conditions and called on the Federal Government to intervene.
To read the Director's statement, click here. To read the Spring reports, click here.
Tasmanian Parks Audit report released
The Tasmanian Auditor- General has released a report on Tasmanian Park Management, assessing the effectiveness and efficiency with which the Parks and Wildlife Service manages Tasmania’s national parks.
Key findings of the report include that parks funding per hectare in 2014-2015 was low compared to other States and to previous years, PWS was effectively managing bushfire risks, but did not prioritise funding for the management of pests, weeds and diseases, many park management plans are out-dated and there is no systemic process for monitoring or managing high-value assets.
The report recommends that parks funding be reviewed, management plans be updated to include measurable goals for monitoring and protection of high value assets and greater emphasis on pests, weeds and disease management, and that PWS adopt a more structured approach to environmental management and maintenance of tracks.
For a summary of the full report, click here. To read the full report, click here.
Supertrawler
On 22 November 2016, AFMA announced that the Geelong Star had left Australian waters. The ship has re-adopted its former vessel name (FV Dirk-Dirk) and is no longer under AFMA’s jurisdiction. The ship’s owner has indicated that it does not intend to return to Australia, however that option remains open.
On 23 November 2016, the Senate released its report on the Inquiry into factory freezer trawlers in the Commonwealth Small Pelagic Fishery. Key recommendations of the majority included a permanent ban on all factory freezer mid-water trawlers operating in the Commonwealth Small Pelagic Fishery, establishment of a National Recreational Fishing Council and greater transparency of bycatch reporting.
Liberal Senators released a dissenting report saying that the Federal Government remained “committed to maintaining a balanced and science-based approach to all decisions regarding access to Commonwealth fisheries."
To read the report (including dissenting comments), click here.
Meeting of Environment Ministers
On 25 November 2016, Federal and State Environment Ministers met in Sydney to discuss a range of environmental policy issues, including food waste, packaging, microbeads, plastic bags, review of the National Pollution Inventory, and progress on the Clean Air Agreement.
To read the agreed statement of outcomes from the meeting, click here.
Significantly, the Ministers agreed to release a recent, critical review of Australia’s Biodiversity Conservation Strategy 2010-2030 urging a comprehensive review of the Strategy. To read the review, click here.
Interim report recommends phasing out of coal-fired power stations
The Senate Committee inquiring into the "Retirement of coal fired power stations" has released an interim report recommending that the Australian Government adopt a comprehensive energy transition plan, including reform of the National Electricity Market rules. The interim report also recommends developing a mechanism for the orderly retirement of coal fired power stations, to be presented to the COAG Energy Council. Government Senators did not support the interim recommendations.
The Greens’ Adam Bandt MP introduced a Private Member’s Bill to establish a new statutory authority, Renew Australia, to oversee Australia’s transition to a low carbon electricity system. The Renew Australia Bill also sets out new energy objectives and a process to develop transition plans for communities affected by staged closures of coal fired power stations.
To read the interim report, click here.
Tasmanian Bushfires report
The Senate inquiry into the response to the 2016 bushfires in Tasmania’s wilderness areas was due to report on 1 December, but has been granted an extension until 8 December 2016.
The report will be available here later in the week.
Calls to improve Environment Department regulatory performance
The Department of Environment and Energy has released its response to the Regulatory Maturity Project report, which recommended (among other things) that there be less reliance on management plans in setting permit conditions, conditions be more consistent, and that compliance and enforcement policies be reviewed. The Department has committed to developing model conditions and providing training for staff regarding condition writing.
The Department has also released its annual compliance monitoring programme, revealing that nearly 100 controlled actions were found to be in breach of conditions in 2015-2016, yet no prosecutions were commenced.
Law Foundation grants
Applications are open for Law Foundation of Tasmania grants for projects promoting legal research and community legal education activities. Applications addressing the Law Foundation's objectives can be made until 22 December 2016.
For more information, click here.
Naturally Inspired Grants
Round 10 of NRM South's Naturally Inspired Grants is now open. The grants are designed to provide landowners and community groups with financial support to carry out natural resource management projects across Southern Tasmania.
Grant writing workshops are being held on 7 December 2016 - contact NRM South to RSVP.
Applications are open until 29 January 2017. For more information, click here.
On Country: takayana art sale
The Wilderness Society and Art Mob are hosting an online art collection of stunning Aboriginal artworks, generously donated from around communities around Australia to raise funds for collaborative action to protect takayna / Tarkine.
To view the collection, click here.
Legislation and policy updates
Review of Federal Climate Policies
Minister for the Environment & Energy, Josh Frydenberg, has released the terms of reference for a review of Australia's climate change policies. The review was committed to when the government announced its 2030 emissions reduction target (26-28 per cent below 2005 levels) prior to the Paris Conference. The broad terms of reference include economic impacts, integration of climate and energy policies, the role of the ERF and safeguard mechanism, research and development opportunities, and a potential long-term emissions reduction goal post-2030.
The review will commence in early 2017 with the release of a discussion paper and invitation for public submissions. For more details, click here.
Two Tasmanian handfish species listed as endangered
Tasmania’s Environment Minister, Matthew Groom MP, has added the red handfish (Thymichthys politus) and Ziebell's handfish (Brachiopsilus ziebelli) to the list of endangered species under the Threatened Species Protection Act 1995. The species, endemic to Tasmania, are already listed under the EPBC Act and subject to a recovery plan.
Read more here.
Opportunities to Comment
Closing soon
Draft National Strategy for Mitigating Vessel Strike of Marine Mega-fauna
The Department of the Environment & Energy has released a draft National Strategy for Mitigating Vessel Strike of Marine Mega-fauna. The Strategy is a guiding framework for identifying species most at risk of vessel collision, areas where these species are most at risk, and appropriate management measures to reduce the collision risk.
Submissions are invited until 9 December 2016. Read more and have your say.
Tasmanian Budget Consultation
The State Budget Consultation is now open, with individuals and groups invited to make submissions regarding proposed 2017-2018 budget allocations. The government will give greater weight to submissions that are “in line with the Government’s long term plan for Tasmania’s future.”
Budget submissions can be made until 9 December 2016. Read more and have your say.
Hobart Transport Strategy
The City of Hobart is preparing a Transport Strategy to help identify and plan for future transport demands to 2030 and beyond.
Comments on the draft Strategy can be made until 9 December 2016. Read more and have your say.
Closing later
RFA to be extended
The Australian and Tasmanian governments have committed to a '20 year rolling extension' of the Tasmanian Regional Forest Agreement (RFA). Only minor amendments to the monitoring, communication, review and dispute resolution clauses are proposed.
Feedback on the proposed extension and amendments is invited by 12:30pm on 23 December 2016. Read more and have your say.
Drop-in sessions to discuss the proposed extension are being held by the Department of State Growth:
- 7 December 2016, 4.00–7.30pm at Wellers Inn, 36 Queen Street, Burnie
- 8 December 2016, 4.00–7.30pm at The LINC, 51 King Street, Scottsdale
For those unable to attend these sessions, an online questionnaire is available to assist in making comments.
You can read EDO Tasmania’s critique of the current RFA system in our report, State Forests, National Interests, or in our submission to the third five-year review.
Biosecurity Framework review
The Minister for Primary Industries and Water has released the Future Direction for a New Contemporary Biosecurity Legislative Framework for public comment. The framework proposes a single Act to replace existing legislation, including the Plant Quarantine Act 1997, Animal Health Act 1995, Seeds Act 1985, Weed Management Act 1999, Vermin Control Act 2000 and others, and to improve the efficiency and effectiveness of biosecurity regulation.
The Future Directions statement is open for comment until 23 December 2016. Read more and have your say.
Comments sought on illegal logging regulations
The Department of Agriculture and Water Resources has released a consultation paper outlining potential amendments to the Illegal Logging Prohibition Regulation 2012 (the Regulation) to improve the balance between compliance costs and the risk of importing illegally logged timber.
Comments on the proposed amendments can be made until 23 December 2016. Read more and have your say.
Public open spaces in Clarence
Clarence City Council is developing a strategy to guide the provision of public open space for the next 20 years. A community information forum regarding the Strategy will be held on 15 December 2016.
Community input into the Strategy is invited until 15 January 2017. Read more and have your say.
Black and Brookers gum forest community considered for critically endangered listing
The national Threatened Species Scientific Committee is undertaking an assessment on the “Tasmanian forests and woodlands dominated by black gum or Brookers gum (E. ovata / E. brookeriana)” to determine whether to list the forest type as a critically endangered ecological community under the EPBC Act.
The draft conservation advice shows over 90% decline in abundance of the forest community (which occurs mostly in northern and eastern Tasmania). Listing the ecological community under the EPBC Act will raise awareness of threats to the community, require detailed assessment before any further reduction on abundance is threatened, and encourage restoration efforts.
Comments on the draft conservation advice and listing proposal can be made until 27 January 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; and
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.
Events
Got an event you'd like us to promote? Email us at edotas@edotas.org.au
Planning Matters!
A public meeting to discuss the current planning reform process is on TONIGHT in Launceston, featuring Sophie Underwood (Freycinet Action Network), Evan Boardman (planning consultant), Warwick Oakman (National Trust), Todd Dudley (North East Bioregional Network) and representatives of political parties.
When: 6 December 2016, 7pm
Where: Pilgrim Uniting Church, 34 Patterson Street, Launceston
For more information, click here.
Overcoming barriers to effective conservation under climate change
A panel of experts from UTAS, University of Queensland and CSIRO will lead a conversation about the need to promote adaptation of biodiversity to the impacts of climate change, ranging from the role of conservation managers, the effectiveness of current strategies, the options for biodiversity in a warming world and whether current laws can meet adaptation needs.
When: 13 December 2016, 5.30-7.00pm
Where: Aurora Lecture Theatre, IMAS, Castray Esplanade
For more information, click here.
Evanesce
Tasmanian photographer Arwen Dyer's latest exhibition explores our emotional response to climate change, islands and environmental degradation through portrayals of wilderness in Norway, New Zealand, Iceland and Tasmania.
When: Until 14 December 2016
Where: Sidespace Gallery, Salamanca Arts Centre
For more details, click here.
EDO Christmas Drinks
The EDO Management Committee and staff invite all our members, volunteers, clients and supporters to join us for a casual drink to toast the end of a successful year.
When: 14 December 2016, 5:30pm
Where: Preachers, 5 Knopwood Street, Salamanca
What’s Happening at EDO Tasmania?
Summer interns
We are delighted to welcome our first intake of interns for the 2016-2017 summer: Michael Flanagan, Olivia Castrisios and Taya Ketelaar-Jones. EDO Tasmania is always excited to see young, enthusiastic environmental lawyers in the making!
Christmas closure
EDO Tasmania will be closed from 23 December 2016 - 9 January 2017.
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.
|
