.A state of climate emergency
This week, while we should all be preparing for a relaxing break reconnecting with family and friends, fires rage across the country, smoke envelops towns and major cities and extreme drought and heatwaves continue. The NSW Government has declared a State of Emergency as a result of continuing catastrophic fire conditions.
Forest fire at night
The sense of concern and anxiety about worsening climate impacts is palpable. Yet governments in Australia continue on, business as usual, fundamentally failing to address the connection between climate impacts and our expansion of fossil fuels.
EDO has been receiving calls across the country from frustrated and distressed clients and communities calling out for action and help. Although we all face a massive challenge, we know the solutions exist.
EDO lawyers respond >>
A win for wildlife at Kuranda
A massive ‘eco-tourism’ resort proposed for the Kuranda rainforest has been discontinued following over three years of community action to oppose the highly inappropriate development in an extremely sensitive location adjacent to the Wet Tropics World Heritage Area.
Environmental Defenders Office in Cairns provided key support to Kur-Alert Inc, who harnessed the deep community opposition to a development which would have impacted on cassowaries and the now critically endangered Kuranda tree frog.
Are our water laws climate ready?
“If we are prepared to accept the inherent nexus between water, politics and power, and the very real possibility that even good laws will not be enforced, we need to do three things.
First, ensure that water laws include robust transparency and governance provisions that are designed to thwart political interference, maladministration and corruption.
Second, establish truly independent water agencies that are incentivised – and legally required – to rise above the political fray.
Third, consider the role that deliberative democracy could play in transforming the cultural context within which water management, law and decision-making takes place.”
EDO’s water law expert Dr Emma Carmody gave an important address recently on ‘hydrodenialism’ and climate-readiness in water law.
Are our water laws climate ready?
“If we are prepared to accept the inherent nexus between water, politics and power, and the very real possibility that even good laws will not be enforced, we need to do three things.
First, ensure that water laws include robust transparency and governance provisions that are designed to thwart political interference, maladministration and corruption.
Second, establish truly independent water agencies that are incentivised – and legally required – to rise above the political fray.
Third, consider the role that deliberative democracy could play in transforming the cultural context within which water management, law and decision-making takes place.”
EDO’s water law expert Dr Emma Carmody gave an important address recently on ‘hydrodenialism’ and climate-readiness in water law.
What we’re reading (and listening to) over the break
With a couple of weeks of downtime ahead of us, EDO staff have been sharing our favourite or recommended reads – and podcasts, articles, even movies.
Bylong valley judicial review
Kepco Ltd has applied for a judicial review of the Independent Planning Commission’s decision to refuse an open cut coal mine in the beautiful Bylong Valley of NSW.
EDO represented the Bylong Valley Protection Alliance throughout the planning process and will continue to act for them.
Solicitor – EDO Canberra office
We have a fantastic opportunity in our Canberra team to use your legal skills to provide advice and representation, law reform and policy and CLE sessions on environmental protection, land clearing, biodiversity and the biggest challenge in environmental law – climate change.
Applications close at 5pm on Friday, 10 January 2020.
Please share.
Adani water trigger not applied once again
The Federal Government’s decision not to apply the EPBC Act’s water trigger on Adani’s North Galilee Water Scheme will be carefully scrutinised by the EDO.
The project is being reassessed after the Federal Government conceded a case over its initial assessment process brought by EDO, acting for the Australian Conservation Foundation.
LAW REFORM & POLICY
Koala Conservation Strategy – Queensland
The Queensland Government has released its Draft South East Queensland (SEQ) Koala Conservation Strategy 2019–2024. The draft mapping is open for public comment until 22 December 2019, while the draft Strategy is open for comment until 31 January 2020.
EDO has prepared an explainer on the draft Strategy and a brief analysis of what’s good and what could be better.
EDO has also written to the Queensland Government seeking a moratorium on clearing of mapped koala habitat until the new laws are in place – to avoid panic clearing that may be occurring while the map has been released in draft form without the laws in place.
Electoral donations and spending cap reforms – Queensland
The Queensland Government has introduced the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019. We note the Bill imposes obligations which may be onerous for small community organisations, which was possibly unintended.
Key points to note about the Bill are:
The donation and expenditure caps for politicians and political parties (and their associated entitles) are important reforms and should be supported;
The administrative burdens required to keep track of, and report, donations and expenditure may be so onerous that they discourage some smaller organisations from participating in the debate around state elections;
Caps on the amount and number of organisations an individual may donate to may discourage individuals from making political donations; and
The donation cap and associated administrative obligations may place organisations that don’t rely on donations (such as industry peak bodies) at an advantage in terms of having their voices heard, as compared to community groups which rely on donations to get their message out.
Submissions close at 12pm on 9 January 2020.
Planning Amendment Bill – Northern Territory
EDO has made a submission on the Stage 3 Planning Reforms of the Planning Amendment Bill in the Northern Territory.
Broadly, we consider the Bill may lead to some improvements in the administration of the planning system. However, in our view, this is a significant missed opportunity to more fundamentally redraft the Planning Act and to more holistically consider and reform the planning system on issues that are of key concern to the community, including climate change, environmental impacts, transparency and accountability.
Climate change issues paper – Western Australia
The EDO’s submission on the WA climate change issues paper argues that Western Australia’s new State Climate Change Policy should respond to climate change by driving reductions in greenhouse gas emissions and strengthening resilience to climate impacts.
It should provide a whole-of-economy roadmap, pathway and plan for reducing emissions and transitioning to a resilient, low-carbon economy.
Planning and Design Phase Amendment – South Australia
There are some aspects of the proposed Phase 2 Planning and Design Phase Amendment that EDO supports, including up front referrals to the Native Vegetation Council with a focus on retention rather than minimisation of native vegetation clearance to enable responsive design.
However, much of the proposed amendment is deeply flawed and, if not substantially overhauled,will fail the community significantly for decades to come.
Bill to prohibit single-use plastics – South Australia
The South Australian Minister for Environment and Water has released draft legislation that prohibits the sale and supply of single-use plastic products.
The draft Single-use and Other Plastic Products (Waste Avoidance) Bill 2019 is open for public consultation until Friday, 7 February 2020.
Packaging and Plastics Bill – Commonwealth
EDO has made a submission to the Senate Standing Committee in relation to the Product Stewardship (Packaging and Plastics) Bill 2019.
We commend the Bill and recommend that it be passed, though we also have some suggested amendments.
Unnatural fragmentation of habitats – ACT
The Minister for Environment and Heritage in the ACT has added ‘unnatural fragmentation of habitats’ to the Nature Conservation Key Threatening Processes List 2019.
Legislation to lift GM ban unsuccessful – South Australia
Genetically modified crops will remain banned in South Australia, after the State Government’s Bill was defeated in Parliament’s upper house.
COURT & COMPLIANCE
• Radiation research company fined $132,000
The NSW Land & Environment Court has concluded three separate proceedings against Gammasonics Institute for Medical Research Pty Ltd for breach of radioactive material transportation regulations and non-compliance with industry-standard security plans. The Court fined the Institute a total sum of $132,000 (excluding legal costs).
Read the judgment »
• Mining company fined $25,200
The Department of the Environment and Energy has issued two fines to Venture Minerals for not meeting some conditions attached to its approval under the EPBC Act.
HAVE YOUR SAY
Consultations – National
• National Energy Laws Enforcement and Penalties Framework
The Council of Australian Governments is seeking comment on its draft legislative amendments to the Australian Energy Regulator’s (AER) enforcement powers and penalty regime under the National Energy Laws.
Public comment closes on 6 January 2020.
Read more and have your say »
• Read more and have your say »
Uluru-Kata Tjuta draft Management Plan
The Uluṟu-Kata Tjuṯa Board of Management and Director of National Parks invites comment on this draft Management Plan. Public consultation will inform the final Management Plan which will institute the management of the park for a period of ten years.
Public comment closes on 7 February 2020.
Read more and have your say »
• Federal Government’s response to the drought
A Senate Committee is seeking submissions for its inquiry into the Federal Government’s response to the drought, and the adequacy and appropriateness of policies and measures to support farmers, regional communities and the Australian economy.
Public comment closes on 14 February 2020.
Read more and have your say »
• Intensity and frequency of bushfires
A Parliamentary Committee is seeking submissions for its inquiry into the efficacy of past and current vegetation and land management policy, practice and legislation and their effect on the intensity and frequency of bushfires and subsequent risk to property, life and the environment.
Public comment closes on 28 February 2020.
Western Australia
• Lake Disappointment potash approval
The WA EPA has recommended environmental approval for the Lake Disappointment Potash Project.
Public comment on the EPA report closes on 23 December 2019.
Read more and have your say »
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Draft Greenhouse Gas Emissions Guideline released
The WA EPA has released its draft Greenhouse Gas Emissions Guideline, which requires major greenhouse gas emitting projects to demonstrate that they will avoid, reduce, and offset emissions to contribute to the State’s aspiration of net zero emissions by 2050. The final Guideline is due for release in March 2020.
Queensland
• New Acland Coal Mine Stage 3
The Queensland Government has issued public notice of the application for the progressive development of two new areas for the continuation of open cut coal mining.
Public comment closes on 17 January 2020.
• Koala Conservation Strategy
The Queensland Government has released the South East Queensland Koala Conservation Strategy and is seeking public comment before the final Strategy is released in 2020.
Public comment closes on 31 January 2020.
• End of Waste (EOW) codes
The EOW framework promotes resource recovery opportunities, transforming the perception of waste to being valued as a resource. The Department of Environment seeks submissions annually for the development of EOW codes.
Public comment closes on 31 January 2020
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