Working Near Waterways Guide: understanding your legal obligations

Cover pageMany routine activities on farms and rural properties involve working in or near waterways:  moving woody debris after a flood, building a stream crossing for a driveway, revegetating eroding riverbanks or digging drainage channels.  Many laws are in place to manage the impacts of these activities.

It is important to understand your legal responsibilities when planning any activity in or near a waterway, but the laws aren’t always easy to navigate.

Working Near Waterways is designed to help you work out what legal obligations may apply to your proposed activities, how you can meet those obligations, and where you can find out more information.

To download a PDF copy of the Guide, click here.

To download the Guide as an e-book (for iPads and Kindles), click here  (you may also need to download the e-book reader software)

 

Working in Waterways has been published with support from NRM South, NRM North and Cradle Coast NRM through funding from the Australian Government’s National Landcare Programme.  If you’d like a hard copy of the Guide, contact EDO Tasmania or your local NRM.

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Court dismisses Govt appeal, confirms Tarkine National Coalition has standing

BREAKING: The Full Court of the Supreme Court has unanimously dismissed the Minister for Resources’ appeal against Justice Wood’s earlier decision that the Tarkine National Coalition (TNC) was entitled to a statement of reasons for the decision to grant mining leases for the Venture Minerals’ Mt Lindsay and Livingstone projects.

Handing down its judgment only one week after the appeal was heard, the Full Court found that the Minister’s appeal had no merit and upheld Justice Wood’s original finding that TNC was a “person aggrieved” by decisions to grant mining leases within the Tarkine.

The judgment confirms that environmental groups, such as the TNC, can have the right to scrutinise the Minister’s decisions to grant mining leases.

EDO Tasmania would like to thank our legal team – barristers  Jim Delany QC and Juliet Forsyth, litigation lawyer, Claire Bookless, and our former litigation lawyer, Adam Beeson – and the tireless Scott Jordan of the Tarkine National Coalition.

To read more about the decision, click here. For background information about this case, click here.

To read the full judgment, click here.

Tarkine barristers

 

EDO Tasmania, Standing up for takayna / Tarkine

Over the next week, EDO Tasmania will be in the courts fighting to protect the precious takayna / Tarkine from unsustainable and disrespectful development.

Statements of reasons appeal – Full Court of the Supreme Court

On Friday 19 August 2016, we will be representing the Tarkine National Coalition (TNC) in an appeal in the Full Court of the Supreme Court of Tasmania.

In this appeal, the Tasmanian Minister for Mining is seeking to overturn a decision that recognised that the TNC has standing to apply for the judicial review of decisions to grant mining leases in takayna /the Tarkine.

Despite the TNC’s tireless advocacy to have the area recognised for its World Heritage significance and listed as a National Park, the Minister is arguing that the TNC should not be entitled to a copy of the Minister’s reasons for the decision to grant the mining leases.

EDO Tasmania will be defending the Trial Judge’s finding that the TNC has the right to hold the Minister to account for decisions to approve mines in the heart of takayna / the Tarkine.

Click here to find out more about this case.

Ordinance Point_Whish-Wilson - Tarkine 4WD -7008_4WD tracks appeal – Full Court of the Federal Court

On Monday 22 August 2016, we will before Full Court of the Federal Court on behalf of the Tasmanian Aboriginal Centre (TAC) seeking to uphold the decision by Justice Mortimer that stopped the re-opening of three 4WD tracks through the Western Tasmania Aboriginal Cultural Landscape (WTACL).

Both the Tasmanian and Commonwealth Governments have challenged Justice Mortimer’s earlier decision, arguing that the 4WD tracks do not require approval under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). They will also be asking the Full Federal Court to find that Justice Mortimer’s interpretation of “indigenous heritage values” was too broad and, when properly confined, the impact of tracks on the indigenous heritage values of the WTACL will not be significant.

EDO Tasmania will be arguing that opening the 4WD tracks is an action that will have a significant impact on the indigenous heritage values of the takayna / Tarkine coast and must not proceed without Federal approval.

Click here for a more detailed briefing document about this case.

Click here to sign up to our Bulletin so you can stay up to date with latest developments in these cases.

Go for EDO – join our Point to Pinnacle team

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Point to Pinnacle – 13 November 2016

Join EDO Tasmania’s team for this year’s Point to Pinnacle and help us raise funds to keep using the law to protect Tasmania’s environment.

Team members will receive a T-shirt (featuring our gorgeous P2P Devil) and have their entry fees reimbursed.  We’ll also be offering training sessions, special discounts from supporting organisations and a general sense of camaraderie.

For information about how to join our team, click here.

EDO Bulletin 14/2106

EDO_Devil_PNG_No Lettering_tshirtThe Productivity Commission takes a swipe at agricultural regulation and ISDS clauses, illegal clearing threatens swift parrot habitat and anyone who wants to run up kunanyi can join our Point to Pinnacle team. All this and more in the latest edition of the EDO Tas Bulletin.

To subscribe to the Bulletin, click here.

Mountain Seasons – photo stories

AUSTRALIA, Tasmania. Cradle Mountain, Cradle Mountain -Lake St Clair National Park, winter.Join Grant Dixon, mountaineer & wilderness photographer, for an evening of photo stories featuring four seasons in the mountains of Canada, Japan, NZ and Tasmania.

When:  11 August 2016, 6:30pm

Where: Arts Lecture Theatre, UTAS

This event  is a fundraiser for the Tasmanian National Parks Association.  For more information, click here.

EDO Bulletin 13/2016

sc24The latest edition of the EDO Bulletin has the low down on new Federal and State Ministers, progress towards a new Management Plan for Tasmania’s Wilderness World Heritage Area, charges laid against the owner of dogs who killed little penguins in northern Tasmania and opportunities to have your say about Tasmania’s climate laws, heritage laws and transport policies.

To subscribe to the Bulletin, click here

New report looks at merits review in planning

EDO reportThe latest report from EDO NSW looks at the importance of providing opportunities for merits review in the planning system.   As Tasmania continues with planning reforms, the report is a good reminder that third party appeals can lead to better environmental and social outcomes and decisions based on ecologically sustainable development.

To read the report, click here.