EDO Annual Report 09 10 V4.Indd
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ENVIRONMENTAL DEFENDER’S OFFICE NSW ANNUAL REPORT ENVIRONMENTAL DEFENDER’S OFFICE NSW 2009/10 Environmental Defender’s Office ANNUAL REPORT (NSW) Sydney Office Level 1, 89 York St, Sydney NSW 2000 Tel: (02) 9262 6989 Fax: (02) 9262 6998 Freecall: 1800 626 239 2008/09 Northern Rivers Office Level 1, 71 Molesworth St, PO Box 868, Lismore NSW 2480 Tel: (02) 6621 1111 or 1300 369 791 Fax: (02) 6621 3355 www.edo.org.au/edonsw 2009/10 ENVIRONMENTAL DEFENDER’S OFFICE NSW ANNUAL REPORT 2009/10 The Environmental Defender’s Offi ce (EDO) (NSW) is a community legal centre specialising in public interest environmental law. The EDO provides legal advice and representation in public interest environmental law matters. In addition to the provision of legal services, the Offi ce takes an active role in law reform and the formulation of policy, provides technical scientifi c advice to help the community understand environmental documents and carries out community programs on environmental law. The EDO has a branch offi ce based in Lismore to service the Northern Rivers area and the Sydney offi ce covers the remainder of the state. The offi ces are open Monday to Friday during business hours. This report was published on 8th October 2010. From the Chair ................................................................................................ 4 Director’s Report ........................................................................................... 6 National EDO Network ............................................................................ 8 EDO NSW Introduction ........................................................................... 9 EDO Northern Rivers ............................................................................. 10 EDO: A Green Offi ce ............................................................................... 11 PART A – CORE FUNCTIONS OF THE EDO Litigation and Legal Advice ................................................... 13 Policy and Law Reform ........................................................... 15 of Contents Table Scientifi c and Technical Advice ............................................ 16 Community Programs ............................................................. 18 Media and Communications ................................................ 27 PART B – PRIORITY AREAS Climate Change and Energy ................................................ 30 Environmental Planning and Development ................. 34 Biodiversity Conservation ..................................................... 38 Natural Resource Management ......................................... 45 Environmental Justice ............................................................... 53 Corporate Social Responsibility and Governance ... 58 PART C – REPORTING AND GOVERNANCE EDO Clients .................................................................................. 60 Acknowledgements ................................................................... 61 EDO People .................................................................................. 64 Funding and Financial Report .............................................. 68 Director’s Report ....................................................................... 70 Independent Audit Report ................................................... 73 EDO ANNUAL REPORT 2009-2010 3 As the following pages demonstrate, the Australian Bureau of Statistics EDO’s 25th year has been one setting out quantitative indicators of great activity and considerable in respect of economic, social and success. On behalf of the Board, I environmental matters and the congratulate our staff on what they Millennium Report of 2000. As the have achieved. They work tirelessly, Professor pointed out, the news is imaginatively and intelligently. bad. Although there is improvement We thank them for that. in all the economic indicators, and A highlight of the year was the most of the social indicators, all but 25th anniversary Conference. The one of the environmental indicators Conference was supported by the deteriorated. The exception is urban From the Chair From other Australian EDOs and featured air quality, which has benefi ted from contributions from many outstanding tighter governmental regulation people. There were times when of motor vehicle emissions. so much interesting and important Professor Lowe pointed out that material was being put before us Australia is in a biodiversity crisis: that it was diffi cult to keep pace. our current extinction rate is We were honoured by the presence, between one hundred and one at the Conference dinner, of the thousand times the historic extinction Chief Justice of Australia, the rate, as revealed by the fossil Honourable Robert French AC, evidence. Worse, the projected and Mrs French. The Chief Justice future extinction rate is expected made a witty but thoughtful speech to be ten to one hundred times in which he refl ected on the role higher than today. The Millennium of non-governmental organisations assessment suggests that some 30% in environmental litigation. of all mammal, bird and amphibian species could be lost before 2100. I wish particularly to mention the Keynote Address, at the Professor Lowe identifi ed eight Conference itself, of Professor Ian defects of present-day environmental Lowe AO, Emeritus Professor in decision-making. He said decisions: Science, Griffi th University and • are weighted to economic current President of the Australian development; Conservation Foundation. Professor • fail to consider Lowe’s address now appears in cumulative impacts; IMPACT! (Issue 89, June 2010). • deal poorly with Professor Lowe commenced by scientifi c evidence; drawing attention to those, relatively few, reports that indicate Australia’s • rarely use the precautionary environmental progress over the principle; last 25 years: the three State of the • cannot handle climate change; Environment Reports (1996, 2001 • privilege this generation and 2006), the biennial reports of over future generations; 4 [ THE HON. MURRAY WILCOX, QC] • do not verify earlier studies It seems to me it would be desirable and decisions; and for ANEDO, stripping away any • rarely enforce imposed conditions. repetitions or distortions caused by the nine points having to fi t Professor The Professor unveiled a new Lowe’s acronym, to formulate a set acronym STOP CRIME, an aid to of environmental decision-making remembering a clutch of desirable principles that could be taken to reforms of decision-making practice: government, perhaps the Council Scientifi c panels should inform of Australian Governments, as a decision-making (as distinct from template for adoption in all relevant the present system whereby legislation. However, we should be scientifi c experts are selected realistic. As Professor Lowe pointed the Chair From by the parties and operate in out: “While we esteem economic an adversarial manner); growth above environmental integrity and social cohesion, so Transfer of the burden of proof will the law.” We must also be in about environmental consequences the business of changing values. of a development from the opponent of development (as now) to its proponent; Overhaul the standard of proof— the absence of environmental disadvantage should have to be The Hon. Murray Wilcox, AO proved beyond reasonable doubt; QC Chair Past advice should be evaluated. Cumulative impacts should be explicitly considered; Real consideration of future generations; Independent assessment of proposals; Monitoring in the light of claims made; Enforcement of conditions. EDO ANNUAL REPORT 2009-2010 5 2010 marked the 25th anniversary of being independent, accessible, of the Environmental Defender’s expert-based, and holding decision- Offi ce in NSW, with the Offi ce makers to account to achieve offi cially opening its doors on 30 May successful outcomes through the 1985. This year was therefore one of law. I suspect this mirrors the vision both celebration and refl ection, as of our founders, though expansion well as, in the main, a redoubtable has obviously changed the way we determination to get on with the job. work - that is, with a stronger focus In a celebratory vein, an anniversary on early engagement and a multi- dinner was hosted at Doltone disciplinary approach using policy and House to commemorate the work law reform, community education and of the EDO and to thank all those scientifi c levers where appropriate. who have contributed to making It is also important to refl ect on how Director’s Report Director’s the Offi ce what it is. Our guest of we are viewed from the outside. In honour was the Honourable Robert this respect, a conversation I had with French AC, Chief Justice of the High an ex-offi cer at the Department of Court of Australia, perhaps a useful Planning may be instructive. When I signifi er of how far we have come. asked him whether we were loved or The twin themes of celebration hated (it wasn’t a deep discussion), he and refl ection were evident in our replied: ‘A bit of both, but always with national conference Public Interest respect’. In terms of where we want Environmental Law in Australia: 25 to be, respect is not a bad yardstick. Years On. Many of the conference As for getting on with the job, speakers were asked to refl ect on the we once again did it with gusto past 25 years, as well as the challenges and panache and professionalism ahead. At the same time, training and dedication. There are few was held for EDO staff and Board environmental indicators pointing - members around Australia