ISSN 1836-6813 1 2 ECA Office Bearers Message from the President 2009-2010 Dr Stephen Ambrose 5th January 2010 President: A Year in Perspective Stephen Ambrose [email protected] In recent years I’ve used (a small) part of the Christmas/New Year break to reflect on the overall nature of ecological consultancy st 1 Vice-President: opportunities of the previous 12 months and, if necessary, how my Judith Rawling [email protected] own business can service those trends. I am sure that many of you do the same. nd 2 Vice-President: Martin Denny [email protected] As part of this year’s analysis, I’ve referred to some of the many ECA Information Emails that we received over the last 12 months, Secretary: as well as news and comments from other internet sources. One Deryk Engel [email protected] trend that seems to be growing is the number of community groups initiating court challenges against government approvals Treasurer: of seemingly controversial development or activity applications. Public Officer: Paul Burcher The community action group is alive and well! [email protected] Web Master: Some of the community challenges that were before the NSW Stefan Rose Land and Environment Court in 2009, and which had an ecological [email protected] basis for the challenge, included: Councillors: Red Gum Forest Action Inc –v- Forests NSW. Mark Couston [email protected] The Rivers SOS Alliance Inc –v- NSW Minister of Planning Michael Murray and Helensburgh Coal Pty Ltd. [email protected] Liz Norris Newcastle and Hunter Valley Speleological Society –v- Upper [email protected] Hunter Shire Council and Stoneco Pty Ltd. Ray Williams [email protected] Peter Gray and Naomi Hodgson –v- Macquarie Generation. Alison Hunt [email protected] Caroona Coal Action Group –v- Coal Mines Australia Pty Ltd Toby Lambert and NSW Minister for Mineral Resources. [email protected] Greg Elks Blue Mountains Conservation Society –v- Delta Electricity. [email protected] Rhidian Harrington Nambucca Valley Conservation Association Inc –v- [email protected] Nambucca Shire Council & Anor. Brendan Smith [email protected] Hastings Point Progress Association –v- Tweed Shire Council Rebecca Hayes [email protected] and Aeklig Pty Ltd. Hilltop Residents Action Group –v- NSW Minister of Administration Assistant: Membership Officer: Planning and NSW Department of Sport and Recreation. Amy Rowles [email protected] Sweetwater Action Group Inc –v- NSW Minister for Planning 39 Platt St, Waratah, NSW, 2298 and Huntlee Holdings Pty Ltd. Newsletter Editor: Gwandalan Summerland Point Action Group –v- NSW Jason Berrigan Minister for Planning. [email protected] Friends of Currawong –v- NSW Minister of Planning & Ors. 1 Some of these cases are ongoing, but there have environment. While this is not a new been some major wins for the community (and the phenomenon, it does seem to be more prevalent environment). For instance, the Hilltop Residents in the community, and ready exchange of Action Group (HRAG) have, so far, stopped the information between community groups, proposed significant expansion of the Southern planning of legal challenges, and publicizing of Highlands Shooting Range by demonstrating in local environmental issues has been aided the NSW Land & Environment Court that the use immensely in recent years through the use of the of high conservation- and recreational- (for bush internet. walkers) value bushland surrounding the shooting range (including parts of the Bargo State Finally, the NSW Parliament has passed special Conservation Area) would not be an effective legislation at least twice this year that seemingly buffer zone for containing the potential effects of over-ride the state’s environmental and planning stray ammunition on wildlife and people. laws to allow specific events of “state- or regional- significance” to proceed. According to these So where am I leading this discussion? First, I legislations, NSW environmental and planning believe that local community environment groups laws needed to be addressed by the proponents, have become more knowledgeable about but would not prevent the events from taking environmental and planning laws and thus are place. more prepared to challenge the legality of some government decisions associated with project The first piece of legislation was the Homebush approvals. Motor Racing (Sydney 400) Act 2008, which gave approval for the V8 Supercar Race to be held in Secondly, a few proponents of projects seem to be Sydney Olympic Park on 4-6 December 2009. using Part 3A of the Environmental Planning and Although there was considerable community Assessment Act 1979 (EP&A Act) to justify large- concern that this event was occurring in Sydney scale developments or activities, either wholly or Olympic Park, there were no legal community in part, in moderate to high conservation-value challenges because the proponents demonstrated habitats. Some of these projects ultimately have that there would be no significant impact of the potential of causing significant environmental race on nearby areas of high conservation value harm, but there are political incentives for their (e.g. Homebush Bay Wetlands) as a result of the approval because of their potential socio- event being confined to the Urban Precinct of the economic benefits. Park and an adequate environmental management plan. Thirdly, local natural history groups and other conservation-minded individuals know their The second piece of legislation was the Motor “local patch” extremely well. Some ecological Sports (World Rally Championship) Act 2009, which consultants have been “caught out” by not gave approval for the Repco World Car Rally adequately sourcing these people for relevant Event to be held every second year, between 2009 ecological information and often by conducting and at least 2017, in the Northern Rivers Area. inadequate field surveys when assessing potential Although much of the rally circuit was on public impacts of development or activity proposals in roads (e.g. sections of highway) and private roads these patches. This provides ammunition to on farmland properties, sections of the circuit community groups to legally challenge passed through or along the boundaries of several government approvals of projects that they national parks and state conservation areas. believe will cause significant harm to their local Community groups mounted a legal challenge in 2 the Australian Federal Court to this event on the to Council decisions over the last 4 months, as grounds that it required approval from the well as assuming major roles on council sub- Federal Minister for the Environment under the committees: Rebecca is a member of the terms of the Environment Protection and Biodiversity Accreditation Investigatory Sub-committee, and Conservation Act 1999. The Federal Court Brendan and Rhidian are members of the 2010 dismissed the challenge on legal technicalities, ECA Conference Organising Sub-committee. It is rather than on the merits of the conservation great to have “new blood” on the ECA Council, arguments, and because of the lateness of the especially experienced ecological consultants, court challenge (the court hearing was only five adding a mix of fresh ideas and energy to the days prior to the start of the rally event). melting pot of ECA management. I personally believe that the ECA has a moral I would also like to thank the other members of obligation to discourage the NSW Parliament or Council who agreed to return for yet another year other Australian parliaments from passing future of decision-making and management. These are: special-event legislation that weaken Martin Denny, Judith Rawling, Ray Williams, environmental and planning laws. This is an issue Alison Hunt, Michael Murray, Mark Couston, that I would like the ECA Council to explore in Paul Burcher, Deryk Engel, Toby Lambert and Liz the coming year in consultation with the general Norris. The rapid development of the ECA into a membership. significant voice for professionals in the ecological industry in NSW over the last few years has been 2009/10 ECA Council largely due to the time and effort that these people have put into running the organization. The current ECA Council was elected by members They draft ECA policies, write ECA position at the last annual general meeting (4 September letters to government ministers and their 2009). The elections marked the retirement of departments and to local councils, organize three active former council officers: Stefan Rose, workshops and conferences, attend meetings on Nick Skelton and Tom Grant, all of whom behalf of the ECA membership, seek advice (e.g. contributed significantly to the running of the legal advice) on behalf of the membership, look ECA while on Council. Although it is unfair to for (and implement) good professional deals for single out one person, I will, on this occasion, members, administer the ECA’s finances, vet single out Stefan for special mention because of membership applications, and ensure that the the many active years he spent on the ECA ECA’s day-to-day administration is on track. They Council, some of that time as 1st Vice President. are even called upon at short notice to write Stefan brought a lot of wisdom to the table of the articles for Consulting Ecology if there is a shortage ECA Council, both from a philosophical and of material close to the publication deadline. practical perspective, and is responsible largely Seldom do they let the side down! for modernization of the ECA’s website. I hope that Stefan, Nick and Tom consider nominating Accreditation of Ecological Consultants for a position on the ECA Council in the future (after a well-earned rest) because I believe all Those who attended the ECA’s 2009 annual three still have a lot to offer. general meeting voted overwhelmingly in favour of the ECA Council investigating the possibility of Rebecca Hayes, Brendan Smith and Rhidian setting up a professional accreditation scheme for Harrington are new faces on the ECA Council.