edoqld.org.au @EDOQldLaw
How to use the law to protect Revel Pointon EDO Qld your environment and your community Image: https://www.travel-associates.com.au/destinations/tropical-north-queensland
YOUR R POWER WERS S to o pr prot otect the the env nvironment Your legal rights The facts Your vote Your networks / communication http://www.playbuzz.com/simonedaly11/which-captain-planet-planeteer-are-you
Who ho are E EDO DO Ql Qld? d? Specialist lawyers who provide : • legal advice • representation • legal education • law reform in public interest environmental law
Who ho are E EDO DO Ql Qld? d? A community legal centre: • Social and environmental justice focus • Not for profit • Charitable organisation • Non-government We are here to help you …and we rely on you to continue our work. Thank you to all those who help support us!
Ar Areas we we adv dvise on on • Understanding laws and decision making processes • Your rights to be involved /scrutinise decision making • Preparing submissions and getting involved with decision making • Recent advices: …. concerns over vegetation clearing, peaceful assembly, kangaroo culling, illegal mangrove clearing, pesticide use, public land protection, noise from freeway, run-off pollution from a tip, proposed filling in of migratory bird habitat, rerouting of a creek, environmental nuisance from unauthorised industry in residential area, protection of heritage properties; coal train noise; pollution from poultry farms; koala habitat protection; inappropriate development; how to protect open space from development…
EDO DO Ql Qld d Adv Advice Line • Free advice service for public interest environmental legal questions • Assisted by volunteer solicitors and students • Direct enquiries to: edoqld@edoqld.org.au 07 3211 4466
EDO O Ql Qld d work k – legal representa tati tion on • Flying fox cases (2004) : Protecting flying foxes and Wet Tropics World Heritage Area from large-scale electrocution without permits – Booth v Bosworth • Nathan Dam case (2004) : (for QCC and WWF) ensuring the environment minister must consider downstream impacts from related farming in federal environmental assessment • Paradise Dam case (2011) : Wide Bay Burnett Conservation Council sought a declaration and injunction to restrain an alleged contravention of conditions due to unsuitable facility to assist ancient lungfish passage • GBR dredging and dumping cases (2015) : NQCC (AAT) and Mackay Conservation Group (Federal Ct) against the dredging and dumping of dredge waste in the GBRMP; and Alliance to Save Hinchinbrook Inc. (Federal Ct) re. Caley Valley Wetlands dumping • Mega coal mine cases : Assisting numerous clients with representation against Carmichael, Alpha, Kevin’s Corner and New Acland coal mines
Car Carmichael Min Mine in in Lan and Co Cour urt, Supreme Co Supr Cour urt t an and Fe Federal Co Cour urt This material is for information purposes and is not legal advice.
Adan ani C i Carmic michae ael Jobs bs an and Fas Fast-trac ackin king • 1464 net jobs, not 10,000 jobs , Dr Jerome Fahrer • Constant misinformation • Need more rigorous EIS process – ( LAW REFORM OUTCOME! New Economic Assessment Guidelines now) • Critical infrastructure designation and prescribed project declaration - enables the Coordinator General to “step in” and decide remaining licences and permits for Adani without public appeal or statutory judicial review
Adan ani i Carmic michae ael l Mine upda date te • Major approvals received • Some approvals remaining, e.g. for Groundwater Plan • Key issue remaining: $ finance – may be internationally financed • Already potentially in breach of authority…
Lic icence to to Kill ill Re Repo port 2016 2016 • ACF and EDOs of Australia Report • Key recommendation: more rigorous, evidence based and precautionary approach to: – threatened species – threatened communities – World Heritage – climate change – transparency and accountability
Acla land Stag Stage-3 Ex Expansion on Lan and Co Cour urt cas ase This material is for information purposes and is not legal advice.
Acla land Stag Stage-3 Ex Expansion on Lan and Co Cour urt cas ase • Existing mine • Demonstrated significant failures in: – responding to community complaints; – enforcing breaches of EA by DES; – effectiveness of conditioning of mines • Key issues: groundwater impacts, noise, dust, economic modelling, agricultural land and intergenerational equity
Ensu surin ing complia liance with th approva ovals ls
Our r work ork in law re reform form and ed educati tion • Law reform : – Preparing submissions to legislative changes • Legal education: – Presentations to community groups on any issue of planning and environment law (like this one! ) e.g. changes to laws, understanding development processes effecting their area/concerns etc.
ED EDO Ql Qld’s publications This material is for information purposes and is not legal advice.
Public participation in legal process – why is it important? 1. Improves decision making 2. Safeguards against corruption 3. Helps provide a voice for voiceless and community stakeholders
The importance of court scrutiny • Projects need to be lawful to proceed • Qld and Cth laws give rights to citizens to challenge merits and lawfulness of projects • Courts are an independent forum, free of politics to scrutinise development proposals and assessment materials and lawfulness
Your pow ers to be involved • Help draft and shape laws • Scrutinise decisions on development proposals (submissions and court reviews/appeals) • Help ensure compliance and enforcement is undertaken
The community needs: • Access to information • Legal rights to be involved in developing law and in decision making • Legal rights to access a court or tribunal – politics free venue for reviewing decisions
How you can access information • Public registers under many Acts – Info available via website, office, or on request • Right to information Act - Qld • Freedom of Information Act – Cth • Ask the holder
Tips for making RTI/FOI requests Be as specific as possible: – name of document – description of document – date or date range it was made – author/s – any other information that might help identify it Reduces cost and time in processing request You have the right to (internal and external) review of RTI/FOI decisions – worth it!
Commu Community leg legal p al par artic icip ipat ation 1. Written submissions: a) development/approval applications instruments – state and local b) Law and policy reform (incl. planning schemes) 2. Third party appeals or reviews 3. Third party enforcement powers
Environmental law 101 • Local – Planning schemes – Local laws • State – Legislation – Acts and Regulations – Rules and statutory guidelines – Policy • Federal – Environment Protection and Biodiversity Conservation Act – Other Acts, Regulations, rules and policies
Plan lanning laws laws an and envi viro laws laws Planning Act 2016 (was Sustainable Planning Act 2009 ) Other potentially relevant laws: • Nature Conservation Act 1992 • Vegetation Protection Act 1999 • Environmental Protection Act 1994 Override planning laws: • State Development and Public Works Organisation Act 1971 (state development areas) • Economic Development Act 2012 (priority development areas)
Ha Have you your s r say on y on p plans & & pol olicies • Local government planning instruments • Regional plan – Wide Bay Burnett • State Planning Policy - state interests
Pla lannin ing la law Ex Examp ample: : Assessing ing coas astal al i impac mpacts ts • SPP : Trigger - coastal protection • SDAP : Specific criteria SARA must assess applications impacting coastal areas against • Local planning scheme : Must reflect the SPP policy, and any Regional Plan
Under erstan tanding local al p plan anni ning g scheme mes • Legal instrument • But not easy to uphold under performance based planning • Development applications must just meet the overall purpose of the scheme / assessment benchmark • Do not need to meet detailed acceptable outcomes or performance outcomes to be approved • Can be approved without meeting some benchmarks…
Apply lyin ing g local l plan annin ing g scheme mes • The planning scheme must be read as a whole • State laws (SPP/Regional Plan) may be considered where not reflected in planning scheme • Assessment benchmarks may be contradictory • Not all assessment benchmarks have to be satisfied • Only overall outcome needs to be satisfied… ‘ performance based planning ’
“Devel elopmen ent” Very broadly defined. ‘ Categories of development ’ include: • building work • plumbing or drainage work • operational work • reconfiguring a lot • making a material change of use of premises http://hardyengr.com/wp-content/uploads/2014/05/urbandevelopment.jpg
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