e-Bulletin
No. 8 of 2015, 11 May 2015
The environment's legal team since 1992 - protecting the public interest - evening the
odds
The EDO is an independent community legal centre specialising in public interest environmental
law. We offer professional legal advice and (in a small number of cases) representation, law
reform and policy work and community legal education.
Please feel free to forward this e-Bulletin within your networks.
EDO Overview:
In the last two weeks, your EDO has been "evening the odds" by:
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Preparing a guide to regulation of Unconventional Gas and Fracking.
Liaising with the Australian Network of EDOs on national law reform submissions;
Making a number of grant applications, meeting with EDO supporters and potential
project partners and developing funding raising projects.
Advising on: unconventional gas extraction laws; unsafe buildings; development
categorisation.
Meeting with Greater Adelaide 30 Year Plan Reference Group and preparing
submissions.
Meeting with environment sector representatives regarding priorities for the next 12
months.
Your generous gifts supporting your EDO:
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In the last fortnight, we received $ 1,269.69 in gifts, via the Givenow website and other
donor sources - thank you!
Remember - your EDO needs $6900 per fortnight to continue our current services!!
Remember - your EDO has 7 weeks of funding left from the 2014 Law Foundation grant
until the money runs out and your EDO services are cut.
Help your EDO stay strong in 2015, make a gift to our SA environment, to your children and
your grandchildren – join us or make a tax-deductible donation.With the end of the tax year
looming – NOW is a great time to join the dots, add up those dollars and donate!
Thank you for your valuable contribution.
To join the EDO or to donate - please visit our website. We are also on Facebook. You
can phone us on (08) 8359 2222.
IN THIS BULLETIN:
NEWS AND EVENTS
South Australia
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Reminder: EDO (SA) Fundraising Movie Night
SA Nuclear Royal Commission – community engagements
Commonwealth
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EDOs in NT, SA and ACT face closure after funding cuts, Senate inquiry told
Threatened Species Summit announced
NOTICES AND INQUIRIES
South Australia
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SA Artificial Reef Project – public consultation
SA Nuclear Royal Commission – final two Issues Papers released
Commonwealth
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EPBC Act referral – Kookaburra Gully graphite mine
Productivity Commission Inquiry – Migrant Intake into Australia
PREVIOUS NOTICES: REMINDERS
NEWS AND EVENTS
South Australia
Reminder: EDO (SA) Fundraising Movie Night
The environment needs a good lawyer - help support your EDO!
SATURDAY 6 JUNE 2015
Why?We need your help to keep our services going. The work of the Environmental Defenders
Office (EDO) is vital in the struggle to conserve and enhance our rich and unique
environment. The EDO has had federal funding cut, and unlike other legal services for the
public, not reinstated. We provide environmental and planning advice to groups and individuals,
and believe that this is an important, unaligned, service in a democratic society.
How?Please come along to our first film fundraiser and enjoy a great evening with as many
friends, family and colleagues as you can muster in support of our continued service! Book
online here: http://www.edosa.org.au/filmnight
The film we are showing is “Woman in Gold”, the journey taken by one woman to recover a
famous painting by Gustav Klimt.
Ticket price of $25 includes a glass of Temple Bruer wine and nibbles. Doors open at 5:30pm
with the historic organ playing at 6.15pm followed by the movie at 6.30pm.
There will also be a raffle and silent auction on the night and best dressed in 1930s black and
gold wins a prize!
So come along, support the EDO and have a great night out!
SA Nuclear Royal Commission – community engagements
The Nuclear Fuel Cycle Royal Commissioner has published a list of community engagements
that will be held this month. The public meetings are billed as an opportunity for members of the
community to hear more about the Royal Commission and how they might take part in the
process. The Commissioner has stated that the meetings represent a key opportunity to
discuss matters relating to the nuclear fuel cycle in an informal setting where anyone who
wishes can ask a question.
The list of upcoming events includes:
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11 May 2015 – Yalata
12 May 2015 – Oak Valley
13 May 2015 – Umuwa (in the APY Lands)
14 May 2015 – Coober Pedy
18 May 2015 – Leigh Creek
19 May 2015 – University of South Australia – 5.30pm (Mawson Lakes Centre)
20 May 2015 – Flinders University – 5.00pm (Flinders at Tonsley)
22 May 2015 – Adelaide University – 1.00pm (Bonython Hall)
Further location and attendance details can be discovered through contacting the Royal
Commission byphone - +61 8 8207 1480 or email - enquiries@nuclearrc.sa.gov.au
Commonwealth
EDOs in NT, SA and ACT face closure after funding cuts, Senate inquiry told
Federal Government defunding of EDOs across Australia could force the closure of legal
centres in the N.T, S.A and the A.C.T over the next six months, a Senate inquiry in Brisbane
was told last week.
EDO NSW Law Reform and Policy Director, Rachel Walmsley, told the inquiry that the AttorneyGeneral, George Brandis, had still not explained the Government’s decision to single out EDOs
among community legal groups for funding cuts.
Documents obtained under freedom of information have revealed that a mining lobby group, the
Minerals Council of Australia, wrote to Senator Brandis asking for the funding cuts to EDOs.
EDOs are the only expert non-government source of advice on environmental law for clients,
including farmers and Indigenous groups who struggled to match the resources of miners and
developers.
After a community backlash and criticism from his State counterparts, Senator Brandis
announced on March 25 the restoration of $25.5 million in funding to Legal Aid Commissions,
Community Legal Centres and Aboriginal Legal Services but expressly excluded EDOs from his
decision.
Ms Walmsley said the Attorney-General’s decision contradicts recent recommendations of the
Productivity Commission to restore EDO funding, due to the EDOs critical role in protecting
public health and matters of national environmental significance.
Threatened Species Summit announced
The Commonwealth Environment Minister, Greg Hunt will host a Threatened Species Summit in
Sydney in July. The Environment Department says that the summit will “bring together state
and territory ministers, relevant business leaders, scientific and conservation management
experts, non-government organisations and others active in threatened species conservation. It
will raise the national profile of threatened species and their conservation, explore solutions and
promote practical and effective ways of tackling the threats to Australia’s animals and plants.”
Speakers will range from local communities and scientists in the field to business people and
government representatives. The Minister asserts that it will deliver tangible results and
initiatives to protect animals and plants at risk from extinction.
Attendance at the summit venue will be by invitation only, however a live webcast is expected to
allow members of the community to participate and interact.
The summit agenda and further information is due to be available shortly.
Enquiries regarding the summit can be emailed to: TSSummit@environment.gov.au
NOTICES AND INQUIRIES
South Australia
SA Artificial Reef Project – public consultation
The South Australian community is being asked for input on the design and location for a new
artificial reef offSouth Australia’s coastline. The SA Government has committed $600,000 to the
implementation of an artificial reef to boost recreational fishing and tourism opportunities in
areas possibly affected by new marine parks.
State Environment Minister, Ian Hunter, said: “We will be looking to the public to assist us in
deciding the most appropriate design and location for the reef, bringing in the most up-to-date
scientific knowledge to help assess and determine the best solution.”
The artificial reef trial is being led by PIRSA, with a working group with representatives from
environment, planning and tourism departments along with RecFish SA.
Submissions are due by 5 June 2015.
SA Nuclear Royal Commission – final two Issues Papers released
The Commissioner has announced the release of the remaining two Issues Papers (which form
part of a series of four) and opened them up for public consultation. The first of these new
Issues Papers (Paper 2 in the series), titled Further Processing of Minerals and Manufacture of
Materials Containing Radioactive and Nuclear Substances, looks at the processing and
manufacturing of radioactive and nuclear substances, including conversion, enrichment,
fabrication or reprocessing in South Australia and some of the risks associated with doing this.
The second new Issues Paper (Paper 3 in the series) is titled Electricity Generation from
Nuclear Fuels and will look at the future potential of generating electricity from radioactive
materials in South Australia and discusses the risks, opportunities and impacts compared with
other methods of electricity generation – including renewable sources.
The closing date for submissions for Issues Paper 1 (Extraction) and/or Issues Paper 4 (Storage
and disposal of waste) is 24 July 2015.
The closing date for submissions for the more recent Issues Paper 2 (Further Processing)
and/or Issues Paper 3 (Electricity generation) is 3 August, 2015. (Note: This closing date
applies to any consolidated written submission addressing all Issues Papers).
Regular SA Government Consultations
Below are links to a number of SA Government agencies and bodies who undertake regular
environmental audits or assessments open for public consultation. Whilst there are too many
such consultations for us to list them all fully in the e-Bulletin, the links are included here as they
may nevertheless be of interest to readers. The e-Bulletin will publish consultations in these
categories where we deem them to be of wide public importance.
Current Crown Developments and ‘Category 3’ Developments before the DAC
Current Ministerial Development Plan Amendments
Current DEWNR consultations
Current EPA license applications
Current DMITRE mining proposals
Commonwealth
EPBC Act referral – Kookaburra Gully graphite mine
The Federal Environment Minister has issued a notice under the Environment Protection and
Biodiversity Conservation Act 1999 in regard to a proposal by Australian Graphite Pty Ltd to
develop the ‘Kookaburra Gully Graphite Project’ mining development. The mine is to be located
approximately 35 km north of Port Lincoln and 20 km west south west of Tumby Bay on the
Eyre Peninsula in South Australia.
The proponent has lodged (with the Department of State Development) an application for a
Mining Lease (ML) over the project area for an open pit mine and primary infrastructure.
Facilities within the ML area will include an open pit, crushing facilities, a mineral processing
plant, a waste rock storage facility; a tailings storage facility and associated infrastructure. The
mine life based on the current resource is estimated to be 7.5 years. There is expected to be the
extraction and subsequent processing of 250,000 tonnes of ore each year, with the pit reaching
down to 110 m in depth over the life of the project.
The referral identifies two Threatened Ecological Communities (Peppermint Box Grassy
Woodland, and Eyre Peninsula Blue Gum Woodland) that maybe present at the proposed mine
site. In addition, the referral lists another 14 listed threatened species, and 9 listed migratory
species, that may also be present, or potentially present, within the development area.
Submissions are due by 14 May 2015.
Productivity Commission Inquiry – Migrant Intake into Australia
In March, the Federal Government directed the Productivity Commission to undertake an inquiry
into Australia’s migrant intake program. The terms of reference of the inquiry require the
Commission to investigate, amongst other things, the impactof migration policy in regard to
“agglomeration, environmental, amenity and congestion effects.” The Productivity Commission
has now released an Issues Paper on the topic and is seeking public feedback.
In the area of environmental impacts the Issues Paper identifies 3 potential concerns which may
have implications for the natural environment:
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unsustainable use of natural resources, many of which are finite and are either
nonrenewable or slow to regenerate
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increased air and water pollution and greenhouse gas emissions
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loss of biodiversity.
The section concludes with two specific questions that the Commission would like addressed by
respondents:
What has been the impact of Australia’s immigration programs on the environment?
How direct is the relationship between immigration policy and domestic environmental
outcomes and how can the latter be improved through immigration policy?
The Issues Paper may be found by following the above headline link.
Submissions are due by 12 June 2015.
Regular Commonwealth Government Consultations
Below are links to Federal Government agencies and bodies who undertake environmental
audits/assessments that may be open for public consultation. Whilst there are too many such
consultations for us to list them all in the e-Bulletin, the links are included here as they may
nevertheless be of interest to readers. The e-Bulletin will publish consultations in these
categories where we deem them to be of wide public importance.
Department of Environment Public Notices and Invitations to Comment
PREVIOUS NOTICES: REMINDERS
Zero Waste Strategy 2015-2020 consultation draft
 Submissions are due11 May2015.
Assessment Bilateral Agreements – draft conditions policy
 Submissions are due 15 May 2015.
House of Representatives Inquiry – tax deductible status of environment groups
 Submissions are due 21 May 2015.
Employment Lands (Gillman/Dry Creek &Wingfield) DPA
 Submissions are due 25 May 2015.
Senate Inquiry into bill allowing farmers to refuse mining
 Submissions are due 29 May 2015.
Feral cat threat abatement plan – call for submissions
 Submissions are due 8 July 2015.
Nuclear Royal Commission – 1st&2nd Issues Papers released
 Submissions are due 24 July 2015.
EDOs OF AUSTRALIA RECENT SUBMISSIONS
EDOs of Australia has recently released the following completed submissions, which are
available for download:
National Clean Air Agreement