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Bulletin | March 2013

The NELA Bulletin is the monthly bulletin of the National Environmental Law Association (NELA) and is published on the first Thursday of each month. Contributions to future issues of the NELA Bulletin are welcome and should be emailed to the editor by 5pm AEDST on the last Thursday of each month.


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This Month


NELA news and events
01. From The President
02. NELA National Conference: Delivering a Low Carbon Future

03. Member profile: Dr Sarah Waddell

Law and policy developments
03.
In the courts

04. In the legislature
05. Policy developments

News and events from NELA’s partners
06. Legalwise Seminars
07. Resource Management Law Association (RMLA) (NZ)
08. UK Environmental Law Association (UKELA)

Other events
09. 2013 Mahla Pearlman Environment and Planning Law Oration
10. Administrative Law Master Class CPD Training Session
11. The David Thomas Conservation Oration 2013
12. ACIUCN and IUCN World Commission on Protected Areas  Reception
13. 11th IUCN Academy of Environmental Law Colloquium
14. 9th Pacific Islands Conference on Nature Conservation and Protected Areas

Opportunities
15. Opportunities for Comment
16. Roles
17. Other


 

NELA news and events

 

NELA national conference: delivering a low carbon future

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The biennial NELA 2013 national conference begins this week at the Sebel Albert Park, Melbourne.

Don’t miss the debates about the role of state governments in planning a low carbon future for Australia. Hear presentations by Attorney General Mark Dreyfus, judges and leading international and national experts on regulation of carbon emissions and join us for the conference dinner at which President Tong of Kiribati will be the speaker.

It’s not too late to register! For more information or to register, click here

Conference papers will be published as a special edition of the Environmental and Planning Law Journal in June 2013 and will be available to conference registrants in hard copy for free; non-registrants will be able to purchase the issue, or individual articles, online from Thomson Reuters.

 

Member profile: Dr Sarah Waddell
NSW representative on the NELA national executive

Sarah joined the NELA executive in 2010 and has brought an international flavour to the Executive. Sarah is an international legal consultant on natural resources law and marine and coastal resources management with over 14 years experience as a lawyer in Australia.

She has provided advice to government on law making, training for legislative drafters and institutional analysis of roles and functions in implementation of environmental law. Sarah is also a sessional lecturer in Natural Resources Law and Indonesian Law at the University of New South Wales.

Sarah has been a consultant with Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ), USAID, the World Bank, Asian Development Bank and AusAID. In 2002, working with Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) she completed a gap analysis of the system of environmental law in Indonesia on behalf of the Indonesian Ministry for the Environment including Law No. 23 of 1997 on Environmental Management and the complete range of sectoral laws impacting on the environment. With GTZ, she also provided legal advice on new environmental regulations, the abolition of the National Environment.

In 2005-2006 she assisted regional government in Indonesia with drafting and implementing coastal resources management regulations, and in 2012 Sarah advised the government of Indonesia on its National Oceans Policy and revision of coastal and small islands management law.

With the NSW EDO Sarah is currently assisting the Republic of the Marshall Islands with reform of their institutional framework on environmental protection, conservation and energy.

With a background like this it’s hardly surprising that Sarah is one of the leaders in NELA’s oceans policy team, working on integrated spatial planning for Australia’s oceans.


 

Law and policy developments

In the courts

Commonwealth
Completion of Kakadu National Park (Koongarra Project Area Repeal) Bill 2013 (Cth)
part of a process to incorporate the Koongarra area into Kakadu Nationall Park. The area was previously excluded from Kakadu National Park to accommodate the prospect of future mining activity, but no mining tenements have been granted despite a number of parties pursuing such development in the area.

NSW
SHCAG Pty Ltd v Minister for Planning and Infrastructure and Boral Cement Limited [2013] NSWLEC 1032 - merit appeal in which the Court refused development consent to the expansion of an existing coal mine on the basis that the project was inconsistent with ecologically sustainable development, particularly the precautionary principle, and that there was insufficient evidence available on surface and groundwater impacts to permit an adaptive management approach.

Environment Protection Authority v Mistring Pty Ltd [2013] NSWLEC 9 - Land and Environment Court has jurisdiction to hear and determine proceedings to recover a debt created by s 105(1) of the Protection of the Environment Operations Act 1997 (NSW) in respect of amounts unpaid and specified in a compliance costs notice under s 104(2) - consideration of the Court's debt recovery jurisdiction.

 

In the legislature

NSW
National Parks and Wildlife Amendment (Illegal Forestry Operations) Bill 2012 (NSW) - proposes amendments to the National Parks and Wildlife Act 1974 (NSW) to create a new offence of contravening a provision of the Act or Regulations in the course of carrying out forestry operations, and to increase the penalties applying to the offence of contravening a licence issued under the Threatened Species Conservation Act 1995 (NSW).

Firearms Legislation Amendment Bill 2011(NSW) – among other things, amends the National Parks and Wildlife Regulation 2009 (NSW) to enable unloaded firearms to be conveyed in vehicles travelling through national parks.

 

Policy developments

NSW
Aboriginal culture and heritage in NSW – consideration of options for reform - the Aboriginal Culture and Heritage Reform Working Party has been reconstituted and is reviewing options to report to the Minister for the Environment, the Minister for Heritage, and the Minister for Aboriginal Affairs, for potential stand-alone legislation: further information is available on the OEH website.

Review of the BioBanking Scheme - a review of the BioBanking Scheme is underway. For updates on the review process visit the OEH website.

Review of the Aboriginal Land Rights Act 1983 (NSW) - a specialist working group has been formed to review the Act, including representatives from the Aboriginal community. The working group has released a report on the review which can be accessed here. For further information, visit the Office of Communities website

 

 

News and events from NELA’s partners

Legalwise Seminars
Legalwise Seminars is NELA’s newest partner. All Legalwise seminars are CPD accredited and NELA members receive a 10% discount when attending Legalwise seminars.

The following upcoming seminars, presented by Australia’s leading legal experts, may be of interest to NELA members – for more information about each seminar, click on the seminar title:

For more information about Legalwise and these seminars, click here.

 

Resource Management Law Association (RMLA) (NZ)
Resource Management Law Association Conference 2013: Black and White Gold – Does it all Glitter?

When: 26-28 September 2013
Where: New Plymouth International Quality Hotel and Conference Centre

RMLA’s annual conference will continue the quest to reconcile economic opportunity and environmental protection using two industries of central relevance to the Taranaki Region, petroleum and dairy, as case studies.

RMLA is currently calling for contributions to their conference in the form of 250-300 word abstracts. Click here for more information about the conference and the contribution process.

 

UK Environmental Law Association (UKELA)
Wildlife, Wilderness and Wild Law weekend

When: Friday 24 May to Monday 27 May 2013
Where: Loch Lomond and the Trossachs National Park in Scotland

Click here for more detail about the weekend including costs and accommodation and to book your place.

 

 

Other events

(NSW) 2013 Mahla Pearlman Environment and Planning Law Oration
The Mahla Pearlman Oration is held in honour of the late the Hon. Mahla Pearlman AO, former Chief Judge of the Land and Environment Court of New South Wales.

The Oration is the premier annual environmental and planning law address held in New South Wales and is delivered by a distinguished person in the field.  For example, the 2012 Mahla Pearlman Oration was given by Emeritus Professor Ben Boer.

This year the lecture will be delivered by the Hon. Paul Stein AM QC (former judge of the Land and Environment Court of NSW and former judge of the NSW Court of Appeal).

When: 5pm, 14 March 2013

Where: Dixson Room, State Library of New South Wales

Cost: FREE

 

(VIC) Administrative Law Master Class CPD Training Session
The Environment Defenders Office (Victoria) is running a 4 point CPD seminar, featuring some of Victoria's top practitioners, on recent developments in administrative law, ethics and development of legal skills.

When: 9am – 1.15pm, Monday 25 March.
Where: DLA Piper, 140 William Street, Melbourne.

For more information and to register, click here.

 

(NSW) The David Thomas Conservation Oration 2013
The David Thomas Conservation Oration will be given this year by Callum Roberts, Professor of Marine Conservation at the University of York. Professor Roberts is the author of The Unnatural History of the Sea and Ocean of Life.

When: 7pm, Monday 18 March 2013   
Where: New Law Auditorium, Main Campus, Sydney University

For more information and to register, please email Kim Jarmyn or call (02) 9264 603.

 

(NSW) ACIUCN and IUCN World Commission on Protected Areas Reception
A reception will be held for Ernesto Enkerlin-Hoeflich, Chair, and Kathy Mackinnon, Deputy Chair, IUCN World Commission on Protected Areas and Trevor Sandwith, Director, IUCN Global Protected Areas Programme, all three of whom are members of the international organizing committee for the IUCN World Parks Congress, during their upcoming visit to Sydney. The reception will be an opportunity to hear from these leaders and also to meet with them on a collegiate basis.

When: 5 – 8pm, 21 March 2013
Where: Goat Island, Sydney

For more information or to register, please email Penny Figgs.

 

(NZ) 11th IUCN Academy of Environmental Law Colloquium

 

The 11th IUCN Academy of Environmental Law Colloquium will be held on 24-28 June 2013 at the Academy of Performing Arts, University of Waikato, Hamilton, New Zealand.

Visit the Colloquium website to view the Colloquium programme, register an interest in attending the Colloquium or to file an abstract online.

This event is proudly supported by NELA.

 

(Fiji) 9th Pacific Islands Conference on Nature Conservation and Protected Areas
Natural Solutions: Building Resilience for a Changing Pacific

The Secretariat of the Pacific Regional Environment Program (SPREP), and its host country partner, the Government of Fiji, have confirmed the date and venue for this conference.

When: 2 – 6 December 2013
Where: University of the South Pacific, Suva, Fiji

For more information, please click here.

 

 

Opportunities

Opportunities for Comment

(Cth) Senate Community Affairs Committee Inquiry: The impacts on health of air quality in Australia

The terms of reference of this inquiry include:

(a) particulate matter, its sources and effects;
(b) those populations most at risk and the causes that put those populations at risk;
(c) the standards, monitoring and regulation of air quality at all levels of government; and
(d) any other related matters.

Submissions may be made until 8 March 2013.

For more information about this inquiry, or to make a submission, click here.

 

(Cth) Productivity Commission Inquiry: Mineral and Energy Resource Exploration

The Productivity Commission is undertaking an inquiry into the non-financial barriers to mineral and energy resource exploration.

Submissions may be made until 15 March 2013.

For more information about this inquiry, or to make a submission, click here.

 

(Cth) Productivity Commission Issues Paper: Major Project Development Assessment Processes

The Productivity Commission is undertaking a study to benchmark Australia's major project development assessment processes against international best practice. It has now released an issues paper in relation to that study.

Submissions in relation to that issues paper may be made until 25 March 2013.

For more information about this inquiry, or to make a submission, click here.

 

(Cth) Nominate a species, ecological community or key threatening process under the Environment Protection and Biodiversity Conservation Act 1999

Nominations for the listing of threatened species, threatened ecological communities or threatening processes under any of the categories specified in the Environment Protection and Biodiversity Conservation Act 1999 may be made until 28 March 2013.

For more information or to make a nomination, click here.

 

Roles

Volunteer contributors—NELA Bulletin

NELA seeks volunteers to contribute to the law and policy developments section of the NELA Bulletin for all States and Territories except NSW, and for the Commonwealth. Please contact Ellen Geraghty by email or mobile 0407 459 490 for more information.

 

Other

Prime Minister’s Environmentalist of the Year and Young Environmentalist of the Year

Nominations are now open for the Prime Minister’s Environmentalist of the Year and Young Environmentalist of the Year awards as well as a number of other awards for the 2013 United Nations Association of Australia World Environment Day Awards.

Nominations for the Prime Minister’s awards close on 22 April 2013; nominations for all other awards close on 1 May 2013. For more information or to make a nomination, click here.

 

Join IUCN

The IUCN has extended its deadline for membership applications to 26 April 2013.
IUCN supports scientific research, manages field projects all over the world and brings governments, non-government organizations, United Nations agencies, companies and local communities together to develop and implement policy, laws and best practice.

For more information, click here.