Environmental Defender's Office NSW
Encyclopedia
The Environmental Defender's Office (NSW) is one of nine EDO offices located across Australia
, collectively known as the Australian Network of EDOs (ANEDO)
.
The Environmental Defender's Office (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 Office takes an active role in law reform and the formulation of policy, provides technical and scientific advice to help the community understand environmental documents and carries out community programs on environmental law.
The Environmental Defender's Office has an active international program and contributes in a wide range of environmental advocacy activities, with particular focus on the Asia-Pacific region.
Humane Society International Inc (HSI) v Kyodo Senpaku Kaisha Ltd (Kyodo) (2008)
EDO acted for Humane Society International and sought a declaration that Kyodo breached the Environment Protection and Biodiversity Conservation Act 1999 by whaling in the Australian Whale Sanctuary adjacent to Antarctica and an injunction to prevent the killing of whales in this area. His Honour Justice Allsop made a declaration that Kyodo was in breach of Australian law and granted HSI an injunction to restrain Kyodo from further breaches of the EPBC Act.
Minister for Planning v Walker (2008)
Acting on behalf of Jill Walker, a local resident of Sandon Point, the EDO challenged a Part 3A development approval. This case has important implications for how the Minister for Planning must deal with major projects under Part 3A of the Environmental Planning and Assessment Act 1979. Justice Biscoe reviewed the principles of ESD as well as US and Australian case law on climate change. He found that the Minister had failed to consider ESD by failing to consider whether the impacts of the proposed development would be compounded by climate change.
The Hub Action Group Inc v The Minister of Planning and Orange City Council (2008)
The EDO successfully represented The Hub Action Group, a group of local residents opposed to a proposal to develop ‘the Hub' regional waste facility on agricultural land near Molong. Justice Preston found that the proposal was not sustainable, partly because it was likely to adversely affect the long term use of the area and sustained agricultural production.
Anderson and Anor v Director-General of Environment and Conservation and Ors (2006)
The EDO represented Douglas and Susan Anderson, traditional owners of land at Angels Beach, East Ballina. They challenged the validity of consent issued by Director-General of the Department of Environment and Conservation that allowed the destruction of Aboriginal cultural heritage for a residential subdivision. Justice Pain ruled that the consent was invalid, due to a failure to take into account certain relevant matters as well as the Director-General’s failure to adequately apply the principles of ecologically sustainable development
.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, collectively known as the Australian Network of EDOs (ANEDO)
Australian Network of Environmental Defenders Offices
The Australian Network of Environmental Defenders Offices consists of nine independently constituted and managed community environmental law centres located in each State and Territory of Australia. ANEDO is notable as Australia's main public interest advocacy law organisation in environmental...
.
The Environmental Defender's Office (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 Office takes an active role in law reform and the formulation of policy, provides technical and scientific advice to help the community understand environmental documents and carries out community programs on environmental law.
The Environmental Defender's Office has an active international program and contributes in a wide range of environmental advocacy activities, with particular focus on the Asia-Pacific region.
Priority areas
The Environmental Defender's Office (NSW) has identified 'priority areas' that include climate change, environmental planning and development, biodiversity conservation, natural resource management, environmental justice as well as corporate social responsibility.Key cases
The EDO has brought proceedings in a variety of cases involving disputes of public interest environmental law. The following are some recent key cases. For more information on these cases or other case work undertaken by the EDO please visit http://www.edo.org.au/edonsw/site/casework_key.php.Humane Society International Inc (HSI) v Kyodo Senpaku Kaisha Ltd (Kyodo) (2008)
EDO acted for Humane Society International and sought a declaration that Kyodo breached the Environment Protection and Biodiversity Conservation Act 1999 by whaling in the Australian Whale Sanctuary adjacent to Antarctica and an injunction to prevent the killing of whales in this area. His Honour Justice Allsop made a declaration that Kyodo was in breach of Australian law and granted HSI an injunction to restrain Kyodo from further breaches of the EPBC Act.
Minister for Planning v Walker (2008)
Acting on behalf of Jill Walker, a local resident of Sandon Point, the EDO challenged a Part 3A development approval. This case has important implications for how the Minister for Planning must deal with major projects under Part 3A of the Environmental Planning and Assessment Act 1979. Justice Biscoe reviewed the principles of ESD as well as US and Australian case law on climate change. He found that the Minister had failed to consider ESD by failing to consider whether the impacts of the proposed development would be compounded by climate change.
The Hub Action Group Inc v The Minister of Planning and Orange City Council (2008)
The EDO successfully represented The Hub Action Group, a group of local residents opposed to a proposal to develop ‘the Hub' regional waste facility on agricultural land near Molong. Justice Preston found that the proposal was not sustainable, partly because it was likely to adversely affect the long term use of the area and sustained agricultural production.
Anderson and Anor v Director-General of Environment and Conservation and Ors (2006)
The EDO represented Douglas and Susan Anderson, traditional owners of land at Angels Beach, East Ballina. They challenged the validity of consent issued by Director-General of the Department of Environment and Conservation that allowed the destruction of Aboriginal cultural heritage for a residential subdivision. Justice Pain ruled that the consent was invalid, due to a failure to take into account certain relevant matters as well as the Director-General’s failure to adequately apply the principles of ecologically sustainable development
Ecologically sustainable development
Ecologically sustainable development is the environmental component of sustainable development. It can be achieved partially through the use of the precautionary principle, namely that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not...
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See also
- Australian Network of Environmental Defenders Offices#ANEDO and climate change Australian Network of Environmental Defender's Office
- EDO Chairman Murray WilcoxMurray WilcoxMurray Rutledge Wilcox, AO, QC is a former Australian Federal Court Judge, serving from 11 May 1984 until retiring on 2 October 2006.He also served as an additional Judge of the Supreme Court of the Australian Capital Territory from 23 April 1983 to 30 September 2006. He may be best remembered for...
- Environmental LawEnvironmental lawEnvironmental law is a complex and interlocking body of treaties, conventions, statutes, regulations, and common law that operates to regulate the interaction of humanity and the natural environment, toward the purpose of reducing the impacts of human activity...
- Department of Environment and Climate Change
- Australian Youth Ambassadors for DevelopmentAustralian Youth Ambassadors for DevelopmentAustralian Youth Ambassadors for Development is a volunteer program run by the Australian government's international development agency AusAID...
- Greenpeace Australia PacificGreenpeace Australia PacificGreenpeace Australia Pacific is the regional office of the global environmental organization Greenpeace. Greenpeace Australia Pacific one of Australia's largest environmental organisations.-Origins and Formation:...
- World Wide Fund for NatureWorld Wide Fund for NatureThe World Wide Fund for Nature is an international non-governmental organization working on issues regarding the conservation, research and restoration of the environment, formerly named the World Wildlife Fund, which remains its official name in Canada and the United States...
- Friends of the Earth International
- United Nations Framework Convention on Climate ChangeUnited Nations Framework Convention on Climate ChangeThe United Nations Framework Convention on Climate Change is an international environmental treaty produced at the United Nations Conference on Environment and Development , informally known as the Earth Summit, held in Rio de Janeiro from June 3 to 14, 1992...
- The Wilderness Society (Australia)The Wilderness Society (Australia)The Wilderness Society is an Australian, community-based, not-for-profit non-governmental environmental advocacy organisation. Its purpose is to protect, promote and restore wilderness and natural processes across Australia for the survival and ongoing evolution of life on Earth.It is a...
- Nature Conservation Council of NSW
External links
- Environmental Defenders Office NSW
- NSW Legislation Website
- Australian Conservation Foundation
- Climate Action Network
- Climate Action Network Australia
- Friends of the Earth Australia
- Australian Student Environment Network
- The Climate Institute
- Australian Youth Climate Coalition
- Australian and New Zealand Solar Energy Society