Environmental Defender’s Office NSW (Ltd) – EDO Northern Rivers

Environmental Defender’s Office NSW (Ltd)

Australian Network of Environmental Defender’s Offices

Environmental Defenders Office (Qld) Inc.

I attended one of their workshops, some years back,in Byron Bay and found their workshop to be extremely easy to understand, informative and helpful.

Australians who impact on the Australian Environment (and that is probably most Australians), whether they be students, members of Government – elected representatives / employees (Federal, State and Local), active community members, environmental workers – advocacy, groundworkers, policy makers, developers, engineers, scientists, mothers, fathers, artists, community workers – the list is endless here……Australians can support these dedicated Legal Environmental workers, by visiting their site and learning from their valuable resources. Membership, support and donations will help these organisations function into the future.

Have a look at the above websites, see what type of work they do, and  give them support. They have informative publications which can be purchased, membership details on their websites and a vaste range of website/published resources.

Environmental Defenders also make submissions for projects and policies. They are active in Environmental Law reform, support community groups in environmental advocacy and conduct an array of workshops to inform & educate communities about the Mt Warning Caldera Region of NE NSW (Northern Rivers) and SE QLD.

And so, if you find that you would like to become more informed about the legal issues concerning the Environment, and want to support a worth while Environmental Advocacy Organisation – give the Environmental Defenders your support.

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* This article has not been endorsed by the Environmental Defenders Offices, nor did I contact them, before writing this article.

It is due to my passion and belief in people being informed, regarding Environmental Law, and my perceptions and experiences with the Environmental Defenders Offices, as well as Bluecray’s dedication to serving Environmental Advocacy and Education within the Mt Warning Caldera Region that have led me to creating this post.

Benoit the young Crow says:- WE ARE ALL stars in the circus of LIFE

Some basic LINKS for Learning about Environmental LAW : -

• Environmental Law – Wikipedia
• Environmental Law Alliance Worldwide (ELAW) -
• Environmental Law Library of  the Earth :  Global Law Journals, Links, Treaties, online Journals, Environmental Law Links  at IUCN

EDO : Useful Law Links : legal resources, directories, government, libraries, lawyers and much more

• WebLaw.edu.au – a Subject Gateway to Australian Legal Resources : Environmental Law
• National Environmental Law Association :  and their LINKS page
• Australasian Legal Information Institute : Cases, Legislation, Library, AustLII provides Law news, databases and  links  to WorldLII – the Declaration on Free Access to Law (WorldLII) - World Legal Information Institute : Free, independent and non-profit access to worldwide law.
• FindLaw Australia – Australian Law, Lawyers, Australian Legal Resources : Professionals, Students, Business, Public, News

Some basic Australian Government LINKS for the Mt Warning Caldera Region:-

• Australian Government
• Qld Government Portal
• NSW Government Portal
• Council of Australian Governments – COAG
• Australian Local Government Association – ALGA
• Qld Department of Local Government – homepage
• NSW Department of Local Government – homepage

A few Australian Environmental Law links from Universities – in case you are interested in studying Environmental Law:-

• The Australian National University: College of Law – Australian Centre for Environmental Law
• The University of Sydney : Australian Centre for Climate & Environmental Law
• Macquarie University, Sydney : Environmental Law
• Monash University Library : Environmental Law
• University of Adelaide Law Library : Environmental Law  - Websites, Journals, Law Reports, Dictionaries and Encyclopedias
• Murdoch University Library, Perth, Western Australia : Library Resources in Environmental Law
• University of Tasmania Library : Guide to Environmental Law Sources

and one more link…..Gazette of Law & Journalism to remind you of the vast networks and legal practices that abound today

The EDO (Environmental Defenders)  has highlighted that  Part 3A of the Environmental Planning and Assessment Act 1979 has resulted in “The limited capacity for members of the community, or even other environmental agencies, to have their voice heard and the reduced rights to seek justice in the Land and Environment Court also suggest that the NSW Government considers that development ranks ahead of the environment, whether that development is sustainable or not”.

It is interesting to think that government decisions that condone inappropriate, non sustainable engineering would exist today given that so much law is being created, money and effort being spent in preserving our crisis ridden environment and its critical disappearance of biodiverse habitats.

I should think that, if one NSW Government Minister/ Director General has the right to veto or modify or condone non sustainable development  at Kings Forest, then this can happen anywhere in the State of NSW.  What will this upcoming decision mean for NSW?  - for Australia? – for the biodiversity of the world?

Stateline NSW : “NSW planning laws under further scrutiny” 2nd Oct. 2009 and the Stateline NSW archive .

Well, if the Minister/Director General vetos, halts or otherwise restricts development in Kings Forest, then State Significant Sites, such as Kings Forest will remain that – Significant.

A precautionary word here.  Should the Minister/Director General and hence, NSW Government, chose to let inappropriate and very damaging land clearing, habitat destruction and inappropriate residential development occur, then clearly, will it be those individuals who are directly responsible for the damage?

Where does the legal responsibility lie here?  How do courts even manage to test this case, if it is not able to be tested in a court of law? Where does the responsibility lie? If not in the courts, does this mean that it is the direct responsibility of the Minister/Director General  alone?

And what type of government is not accountable to the people who elected it?  Surely this NSW Government is accountable somewhere, for it’s development approval decisions.

• “Administrative Law in an Environmental Context” search results at bluecray Environmental search engine
• Duty of care and the precautionary principle : search results at bluecray environmental search engine.

Development is something that will always occur, given the social and economic structure of the world. Developers will always be part of this society and economy, as it goes. Not all developments are “bad”, non sustainable or destructive to the environment.

The Kings Forest Residential Development  ( Tweed Shire ), as seen by the planning documents, is extremely inappropriate and threatening to already threatened species.  The Kings Forest Residential Development, as stands, IS indeed potentially very damaging.  21 threatened species, their restricted and already fragmented habitats, their vulnerability, their capacity to survive intense non sustainable development practices testify to this.

The Kings Forest planning documents show little ” fact”  to convince me that sustainable outcomes (for those 21 species of  threatened native fauna and the vital part they play in the fragile network of threatened species within the NE NSW Region and Mt Warning Caldera Region) will be realised by such a development. This development is on a large scale. Kings Forest IS a State Significant Site. It contains a very large number of threatened species in an already fragmented habitat situation.

Development assurances only on paper, caring “motherhood statements” by developer paid consultants, inability to have standard legal avenues open to protect and advocate for these threatened species – all these things need to be addressed.

The   Caldera Environment Centre in NE NSW, Australia shows insights,  in their submission to the NSW Government and objection to the planned Kings Forest and Cobakai Lakes Development , summing up  the King’s Forest Project situation very clearly. You should have a read of this Submission HERE.

Kings Forest is a powerful place, and development within this area has been historically hard to implement.

The Australian Government, in its wisdom, chose to not list the Koala as a threatened species, although documents show that the Koala is increasingly under pressure within the North Coast region of NSW.  Why did Australia chose to be part of the Agenda 21?

Kings Forest is  a powerful place. Generations of spiritual  guardians, and land custodians have held this place in a natural heritage beauty and sustainable biodiverse capacity and resilience for thousands of years.  The taking away of even small biodiverse components from an area, so fragmented and isolated now, and, as other developments increase within and about it, will result in an immediate lack of biodiversity and cultural heritage significance.

However, I suspect, that bigger wheels are in play here. And while the big wheels of government and money turn powerfully, the biggest wheel of all is nature.

Environmental Planning and Assessment Act1979 – New South Wales Consolidated Acts at AustLII (Australasian Legal Information Institute - A joint facility of UTS and UNSW Faculties of Law)

News Article referring to Kings Beach Development Proposal as a “world standard” environmental management plan by Leda Development’s Regional Manager- Mr Van Rij , December 2008

Ecological communities - their importance, linking, laws, learning at NSW Government of Environment & Climate Change – Threatened Species & Ecological Communities

“A preliminary investigation of the distribution of koalas and their potential habitat in the Tweed Shire, and implications for management”  by Judy Faulks . Find article at – Australian Zoologist, June 1991 Vol. 27(1 & 2)

search for  Aboriginal  (Indigenous peoples) research literature for the North Coast of NSW at the Libraries Australia Search

Ian Cohen media release :Kings Forest 11th March 2010

Environmental Advocacy within the Mt Warning Caldera Region on East Coast of Australia tells a story as old as human settlement itself. Currently, development pressures, lack of understanding of local habitat issues, a long history of land clearing, catchment flow alteration, aquifer non-management, unsustainable farming methods and human settlement consequences, within the Mt Warning Caldera Region, have compounded the need for widespread Environmental Advocacy.

The subsequent loss of biodiverse habitats, increasing threatened flora and fauna species and water quality issues have resulted in many community efforts to advocate for the unique ecological components of the Mt Warning Caldera Region.

Advocacy for the Environment has become a popularised issue for many people in recent times. However, there are still ill-informed land management practices occurring within the Mt Warning Caldera Region.

One major issue facing the Mt Warning Caldera Region is that, besides the Australian Federal Government, two State Governments (New South Wales & Queensland) hold legal custodianship, concerning Environmental Legislation, Policy Direction and Development Practices.

There are also a number of different Local Government Councils operating within the Region as well.

Environmental Advocacy Groups and Individuals have played an important role in preserving and enhancing the Mt Warning Caldera Region. Global Agreements, Federal and State Government Policies and Legislations from the last few decades of the 20th century have reflected the call for assistance by past and present Environmental Advocates. The Mt Warning Caldera Region has many Reserves, National Parks, environmental strategies and regional plans attached to it. Some of these Parks and Reserves have existed for many decades and others more recent. New species of flora and fauna are still being found in the Region. And development is still a contentious issue in many local areas of the Mt Warning Caldera.

It is also hoped that the legal issues that surround the Mt Warning Caldera Region may be better understood, by reading and studying some of the links below.

Environmental Advocacy can be done at many levels, from helping your neighbour create wildlife corridors, finding a recycling depot and letting others know about it, to writing to your local member or simply learning to respect the inherent values of biodiversity that remain within the Mt Warning Caldera Region.

“Burn out” is a common phrase found amongst certain Environmental Advocates. Often too much is done by too few. This form of Environmental Advocacy has been essential to bring the Region into the 21st century. Now it is up to each and every one of us to work out how we may play our part in Environmental Advocacy within the Mt Warning Caldera Region. No matter how simple or great our efforts are, we all play a part.

We all live here, breath the air, drink the water, share the spaces. Working together, and respecting one another, and listening to our different views, no matter how much we may disagree is part of the process.

One of the simplest Environmental Advocacy methods is to “do it in your own back yard”. So, have a go, create the vision and make a difference.

Advocacy Links