Public

Expression of interest

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You are invited to join environmentally innovative individuals, industries, academics, communities and governments to develop the Australian Environmental Law Roundtable.

If you are interested in the joining the Roundtable Working Group, please complete and return the expression of interest form (with any comments about the proposal) to John Haydon, Working Group Convenor.

Register now and you will be added to the Roundtable information email group.

The Environmental Law Roundtable of Australia and New Zealand (ELRANZ)

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ENVIRONMENTAL LAW ROUNDTABLE OF AUSTRALIA AND NEW ZEALAND  

Introduction: 

How many times have you attended a conference and wanted to see a particular issue developed further? Or wanted to have a greater time for discussion of a topic at the conference?  

The Environmental Law Roundtable of Australia and New Zealand (ELRANZ) provides a forum for discussion and development of proposals for the harmonisation or coordination of environmental law and policy throughout Australia and New Zealand. 

As a multidisciplinary forum, ELRANZ is open to professionals, Government Departments and Agencies, statutory corporations, business, industry, NGOs, academics and students.  As an inclusive and multidisciplinary approach to improving environmental laws and policies across Australia and New Zealand, ELRANZ advocates the processes of public participation and consensus building. Even before harmonisation, a greater level of cooperation will develop out of the ELRANZ process. 

The Roundtable is a joint initiative of the National Environmental Law Association Limited (Australia) (NELA) and the Resource Management Law Association of New Zealand Inc (RMLA) 

The active participation of Local Government is promoted by ELRANZ as many regulatory actions are within the local sphere. Both RMLA and NELA work closely with Local Government. The RMLA also works closely with Regional Councils in New Zealand. The Environmental Law Association of Australia work closely with State Governments.  

The ELRANZ offers opportunities for all spheres of government to have a forum where new ideas and improvements on old ideas can be discussed in a consensus building framework. ELRANZ expects suggestions to come from the public sector. The ELRANZ will allow Governments to engage with stakeholders through an independent forum. 

Without paying a fee, you can become an ELRANZ Associate at any time by sending an email to John Haydon, the ELRANZ Convenor at johnhaydon@ecodirections.com ELRANZ Associates receive ongoing information about Roundtable activities and projects. Being an ELRANZ Associate gives you (a) information on ELRANZ projects and (b) the option of becoming a stakeholder and participating in a project that catches your interest.  

You can also become a member of the ELRANZ Working Group and assist in research projects and/or developing papers on particular topics. Working Group members have the opportunity to have a greater degree of involvement. You can be an Associate and a Working Group member at the same time. 

As a member of NELA or RMLA, you will be given access to additional ELRANZ information.  

 

ELRANZ Manual 

The ELRANZ Manual is a concise document describing the essential elements of the Roundtable. Click on the link below under Attachment for a copy of the ELRANZ Manual. 

The table of contents of the ELRANZ Manual is: 

§         Foreword.

§         Why an Environmental Law Roundtable of Australia and New Zealand?

§         How to raise an issue for ELRANZ condisderation.

§         What will ELRANZ do with your issue?

§         Process Design.

§         Sample Approaches.

§         Sample Approach 1: The Blank Page.

§         Sample Approach 2: Discussion Paper.

§         Sample Approach 3: Visioning.

§         Sample Approach 4: Joint Fact Finding.

§         Sample Approach 5: Best Use Technology.

§         Members Only Information

§         Appendix A - Bibliography. 

Achieving good environmental outcomes requires the combination of a number of different efforts. These efforts are integrated within an ecological sustainability discourse.  Setting broad policy and law frameworks is part of the process. ELRANZ promotes greater stakeholder involvement, through consensus building and public participation, in making improvements in environmental law and policy in Australia and New Zealand.  Within the environment and planning law and policy disciplines there is a need for raising awareness of best practice facilitation, creative visioning, meaningful stakeholder participation and other consensus building techniques. 

Consensus building and public participation can transform the traditional adversarial forum of dispute resolution into a forum characterised by collaboration and cooperation.  These techniques are relevant to dispute avoidance, minimisation and resolution.  ELRANZ recognises that the adversarial tone of litigation (and cultures of adversarialism) can undermine the more cooperative sprit of consensus building, so all stakeholders must be strongly committed to achieve this goal.

NELA and RMLA have multidisciplinary memberships and promote a multidisciplinary approach for ELRANZ that advocates a strong commitment to collaborative decision making across the various professions.   

The Roundtable includes the following concepts: 

§         Associate registration whereby corporations, associations, organisations and individuals can register as ELRANZ Associates and initiate roundtable issues; 

§         Project Teams are established to assist in ELRANZ projects;  

§         Associates may engage in research, consultation and brainstorming with respect to a project on the ELRANZ agenda and actively participate in neutral third party facilitated conferences, seminars and meetings; 

§         Suggested projects will be prioritised within the ELRANZ agenda.  The results may include draft legislation, a new policy approach or a protocol for industry; 

§         Issues suitable for resolution through consensus building processes may be recommended to the Australian and New Zealand Judicial and Intergovernmental Ministerial meetings; 

§         Some ELRANZ projects could be managed through adaptations to the negotiated rulemaking process; and  

§         Seminars, public forums and other educational activities can be included as Roundtable events to ensure the involvement of individual and corporate NELA and RMLA members as well as to continue building support for the growing network of ELRANZ Associates.    

We look forward to working with you.

John Haydon

Convenor

Environmental Law Roundtable of Australia and New ZealandBrisbane, Australia 

johnhaydon@ecodirections.com

   

Welcome to the National Environmental Law Association

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Membership of the National Environmental Law Association of Australia (NELA) offers an effective way for practitioners and students to keep pace with developments in environmental law and policy maintaining a multi-disciplinary perspective.

The Public Health Bill (WA): Healthy for whom?

NELA (WA) Seminar:

The Public Health Bill (WA) - Healthy for Whom?

 Date:    Tuesday, 29 July 2008

Time:     5.15pm for 5.30pm start - 7.00pm

Venue:  Minter Ellison Boardroom

RSVP:   diane.sparkes@minterellison.com or 08 9429 7443

Click on the link below for full details.

June 2008

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President's Report

In mid-May, I travelled to Ottawa, Canada to attend the Air Quality and Climate Change Summit co-hosted by the Canadian Bar Association's National Environmental, Energy and Resources Law Section (NEERLS) and the American Bar Association's Section of Environment, Energy and Resources (SEER).  I had the privilege of being a keynote speaker at the Summit where I outlined the Australian response to climate change (not an easy thing to do in 30 minutes!). 

The Summit was attended by over 110 lawyers from across Canada and the US coming from private practice, in-house counsel and government departments.  With NELA's successful climate change conference in Fremantle, I was very interested to see how our colleagues across the Pacific were addressing the legal challenges associated with climate change.  It was a very interesting conference with a variety of interesting perspectives on the climate change issue being presented. 

Another objective for me in attending the Summit was to open up links between NELA and the American and Canadian Bar Associations through SEER and NEERLS respectively.  Over the last 18 months, the NELA National Executive has been developing a strategy for strengthening ties with likeminded organisations. 

While in Ottawa, I had several discussions with Executive members of both sections and there was universal interest in developing links between the CBA, ABA and NELA.  Initially, these links will be fairly simple, for example linking websites and exchanging relevant information about environmental laws and law reform between our groups.  But the intention is for the relationship to grow over time and may include things like providing articles for NEERLS or SEER publications and for

the National Environmental Law Review to publish articles from our North American counterparts. 

Developing these links builds on our existing strong relationship with the Resource Management Law Association of New Zealand - where both Executives have now agreed to sign a Memorandum of Understanding to outline our approach to reciprocal membership rights across the organisations and provide some guidelines around publishing articles in our respective journals.  The MoU will hopefully signal the beginning of a much deeper relationship with the RMLA both at the Executive level but also open up some dialogue amongst the membership.

As you know, NELA is a member of the IUCN - The World Conservation Union and the Oceania Regional office has recently secured modest funding to support the establishment of the Fiji Environmental Law Association.  The patron of FELA is Ratu Joni Madraiwiwi, a former High Court judge, former Vice-President, traditional chief and widely respected public figure in Fiji.  With the recent commencement of the Environment Management Act 2005 in Fiji, the formation of FELA is timely as this statute begins to "flex its muscles".  I have written to the convenor of FELA to express NELA's congratulations on the creation of FELA and we look forward to working with FELA members when the group really gets going.

All of these international links, while relatively small, go towards raising NELA's profile internationally.  Obviously, this benefits NELA as an organisation, but as we develop good working relationships with our overseas colleagues, I hope that our members will take advantage of these networks, either to access information about foreign environmental law or policy that you might not otherwise have access to (or be aware of) or to get in touch with environmental lawyers overseas.

Robyn Glindemann

President

April 2008

President's Report

I promise that this will be the last message that deals with the 2008 National Conference!! 

For those members (old and new) who attended, thanks for making it a really terrific two days in Perth.  I was completely blown away by the quality of our speakers and their presentations.  At the beginning of the Conference I said that I hoped that people would find it challenging and thought provoking.  Well it certainly was that and I'll add INSPIRING as well.

Many themes arose out of the Conference - the pace of climate change and the development in scientific knowledge since the release of the IPCC Fourth Assessment Reports in 2007; the need to look at our planning systems and principles to encourage better land use; the need to look beyond our own national borders to learn from our neighbours; proper consideration of the suite of options to respond to climate change from emissions trading schemes to better incentives for renewable energy development; understanding the new issues for property transactions; and looking forward to the future and understanding what implementation of the precautionary principle and intergenerational equity really means in the context of adapting to climate change.

I was inspired listening to the speakers and the issues and questions they raised.

I said at the end of the Conference that with all that talent in the Conference room, we had an opportunity to really make a difference.  I genuinely believe that and am keen to maintain the momentum created by the Conference to start tackling some of the tricky issues that responding and adapting to climate change poses.    Stay tuned - but as always, if you have any ideas please let me know!

I would also like to formally thank the Conference Committee.  Time did not permit me to name everyone at the Conference, but I will do so here -

  • The WA Conference Committee: Andrew Disney (President), Kathryn Barras (Treasurer), Lisa Ranford (Social functions - and the Rottnest Tour was wonderful!!), Chris Sullivan (Speakers); Merinda Logie, Gemma Nugent, Lindsey Phelong-Beck, Matthew Pudovskis, Sara Vanden Hoogen, Anna Wasylkewycz, Simon Taylor, Tim Macknay and Sally Raine
  • Our Conference Liaison and Logistics Team: Daniel and Jackie Eigenmann from MarketFirst
  • Our NELA National Secretariat: Jillian Smith, Howard Grant and Sue Hart

You were all marvellous!!

Robyn Glindemann

President

 

2008 NELA NSW Seminar Programme

The NSW Division of NELA has planned a series of seminars for 2008. See the attached newsletter for full details and registration form for the first two seminars (8 May and 10 June), and information about seminars later in the year. For further information, contact NELA NSW President, Matthew Baird at matthewbaird@wentworthchambers.com.au.

SeminarClimate Change - Facts and Fiction

Speaker:  Professor Matthew England 

When:  Thursday, 8 May 2008, 5.30-7.00pm

Where:  Deacons, Level 18, Grosvenor Place, 225 George Street, Sydney

Cost: $22 for Members of NELA, EPLA, EIANZ, Young Lawyers; $33 for non-members.

RSVP: to Matthew Baird - 02 9232 3280 or matthewbaird@wentworthchambers.com.au

 

SeminarPart 3A - A Review of the Past Three Years

Speaker:  Panel, chaired by Peter Briggs, Partner Clayton Utz

When:  Thursday, 10 June 2008, 5.30-7.00pm

Where:  Clayton Utz Level 24, 1 O'Connell Street, Sydney

Cost: $22 for Members of NELA, EPLA, EIANZ, Young Lawyers; $33 for non-members.

RSVP: to Matthew Baird - 02 9232 3280 or matthewbaird@wentworthchambers.com.au

NELA NSW Newsletter - April 2008

The first newsletter for 2008 from NELA NSW is now available - click on the link below for information about the 2008 Seminar Programme and other events, as well as details about the current NELA NSW Committee.

Victorian Division Conferences & Seminars

Can Whaling in Antarctica be Stopped?

The Federal Court has declared Japanese whaling in Australia's Antarctic waters is unlawful under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and granted an injunction restraining it.

NELA and Monash University Law is conducting a seminar which will explore the legal and policy implications of the decision in the Japanese Whaling Case.

Guest Speaker:    Dr Chris McGrath, Barrister in the Japanese Whaling Case

When:   Wednesday, 7 May 2008, from 6.00-7.30pm

Where:  Monash University Law Chambers, 472 Bourke Street, Melbourne

RSVP:   by Friday, 2 May to Meli Voursoukis on 03 9905 4135 or meli.voursoukis@law.monash.edu.au

Click on the attachment below for the Seminar Invitation.

 

Best Practice and Ecological Consulting

NELA Victoria and the Environmental Institute of Australia and New Zealand (EIANZ) is conducting a seminar examining Best Practice and Ecological Consulting on Thursday, 17 April 2008 in the RMIT Research Lounge in Melbourne from 5.00 -8.00pm.

Click on the attachment below for full details and registration information.

February 2008

  FROM THE PRESIDENT

For the last year I have mentioned the 2008 National Conference in every President's message.  All of a sudden, it's now 2008 and the National Conference is a little over a month away!  Registrations have been fantastic - we have over 100 delegates registered to date and the Conference is nearly a sellout.  We do have a quality lineup of speakers from Australia and New Zealand for Conference delegates and if the submitted abstracts are anything to go by, this Conference will provide lots of food for thought on a wide range of climate change related issues.  I am really looking forward to welcoming delegates to Perth and the Conference.  It's going to be a fantastic two days. 

Another development on the National front is the publication of the first report under our Environmental Law Roundtable of Australia and New Zealand (ELRANZ) banner - "Report on Penalty Infringement Notices (PINS) for Environmental Offences: A Step Towards Consensus on the Law across Australia & New Zealand".  As you will remember, ELRANZ is a joint project with the Resource Management Law Association of New Zealand.  The report follows the PINS discussion paper published in August 2006.  A number of printed copies have been produced and will be distributed to law makers in each Australian jurisdiction and in New Zealand.  You can obtain your own hard copy directly from the Canberra Secretariat, or you will be able to download a pdf version of the report from the NELA website.  Many thanks to the ELRANZ Convenor, John Haydon, and our colleagues at the RMLA for organising the publication of the report.

At the NELA National Executive meeting, the 2008 Business Plan was agreed.  In 2008, we will continue to strive to provide better service delivery for NELA members and will consolidate the progress made in developing links with like-minded organisations in Australia and overseas.

Robyn Glindemann

President

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