Law Review. Issue 2010:1. In this issue: impact assessment controversies

Transcription

1 Law Review Issue 2010:1 In this issue: impact assessment controversies

2 PRESIDENT COMMITTEE MEMBERS PAST PRESIDENT VICE-PRESIDENT VICE-PRESIDENT SECRETARY TREASURER NELR EDITOR Cover photo:

3 NELR contents NELR casenotes Friends of Mallacoota Inc v Minister of Planning & Anor [2010] VSC 222 (27 May 2010) NELR book reviews

4 Environmental Environmental 4

5 INTERNATIONAL 5

6 Environmental Assessment cannot split environmental assessments federal 6

7 FEDERAL 7

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9 conducted; scheme 9

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11 ndependent ; 11

12 and as 12

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16 Victoria and 16

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18 polluters 18

19 Amendment Act 2010 Forestry Act 19

20 nvironmental 20

21 project 21

22 scheme Tasmania dated 22

23 Source: 23

24 NELR casenotes Coastal Management Act 24

25 NELR casenotes 25

26 NELR casenotes 26

27 NELR casenotes or 27

28 INTRODUCTION 28

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33 ; and 33

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36 Samitha Rao 1 Principles 36

37 Intergovernmental Agreement 37

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41 factors 41

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44 at 44

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47 1 SPA SPASPA Integrated Planning Act IPASPA IPA IPA IPA IPA IPASPA 47

48 SPA IPA SPA SPA SPA SPA 48

49 16 adv SPA IPA 49

50 SPA SPA SPA SPA SPA IPA SPA SPA, 50

51 1 51

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54 November

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56 vires 4 Subsection 15(3) of the CPRS Bill. 5 See Mason J in (1986) 162 CLR 24 at 40. 6(1998) 194 CLR 355 at [93]. 56

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59 NELR book reviews 59

60 How to contribute 60

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62 Victoria Shute see above Joe Freeman 62

63 Post Conference Tour This year, as part of the Conference, a post-conference tour has been organized of the Enlarged Cotter Dam Project. The Project, which commenced late last year, involves building a new dam downstream of the existing one to increase the Cotter reservoir capacity from the current 4 GL to around 78 GL almost 20 times its current size. The dam design includes measures to protect fish populations, particularly to allow upstream migration of the endangered Macquarie Perch. More information on the Enlarged Cotter Dam Project can be found by visiting the Actew website at To receive regular updates on all these details register your interest for the NELA 2010 National Conference at nelaaust@oz .com.au. Accommodation Information A limited number of rooms have been booked at University House at a special conference rate. To secure your booking and to access the conference rate, please contact reservations at University House on or accommodation.unihouse@anu.edu.au au and quote NELA Conference. Below is a list of hotels and serviced apartments in the vicinity of University House: Diamant Boutique Hotel Canberra 15 Edinburgh Avenue, Canberra Ph: Crowne Plaza Hotel Canberra 1 Binara Street, Canberra Ph: Waldorf Apartment Hotel Canberra 2 Akuna Street, Canberra Ph: Quest Canberra 28 West Row, Canberra Ph: Rydges Canberra Lakeside London Circuit, Canberra Ph: BreakFree Capital Tower 2 Marcus Clarke Street, Canberra Ph:

64 NELA 2010 NATIONAL CONFERENCE CONFERENCE UPDATE Canberra October 2010 The Politics of Biodiversity National Environmental Law Association of Australia We are please to announce that Simon Corbell MLA, ACT Attorney-General and Minister for the Environment, Climate Change and Water; Minister for Energy; Minister for Police and Emergency Services will be officially opening the Conference. Mr Corbell was first elected to the ACT Legislative Assembly as a Labor Member for Molonglo in 1997 and has been a Minister in the Stanhope Government since its election. Along with Mr Corbell, we are delighted to announce the following keynote speakers: Hon Greg Hunt MP, Shadow Minister for Climate Action, Environment and Heritage. Mr Hunt was elected as the Federal Member for Flinders in In 2004 he became Parliamentary Secretary to the Minister for Environment and Heritage and in January 2007 was appointed Parliamentary Secretary to the Minister for Foreign Affairs. Following the 2007 election, Mr Hunt was appointed Shadow Minister for Climate Change, Environment and Urban Water and his role was expanded further in December 2009 when he became the Shadow Minister for Climate Action, Environment and Heritage. Dr Allan Hawke. Dr Hawke worked in the Commonwealth Public Service from 1974 to February 2006, which included appointments as Secretary of the Department of Veterans' Affairs, the Department of Transport and Regional Services and the Department of Defence. He also served as High Commissioner to New Zealand. Dr Hawke was commissioned by the Federal Government in 2008 to head an independent review of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The final report of the review was handed to the Government in Further details regarding the final program and list of speakers will be released in the coming weeks.