Casework and Advice

Some of the environmental issues the EDO litgation and advice team are providing people with expert assistance on:

VCAT case against a new power station: Environment Victoria and Locals Into Victoria’s Environment

The EDO is acting as lawyers for Environment Victoria and Locals Into Victoria’s Environment in VCAT proceedings against the EPA approval of a proposal for a new coal fired power station case by Dual Gas.

This case is an important test case. It is the first time VCAT has had to consider how Victoria’s environmental laws apply to a large emitter of greenhouse gases, in the context of climate change. It is also the first time the Climate Change Act 2011 has been considered by VCAT or a Court.

Victorian National Parks Association campaign to get cattle out of the Alpine National Parks

The EDO has been giving ongoing advice and assistance to the VNPA for their campaign to get the cattle out of the Alpine National Park.

In early 2011, when the cattle were first reintroduced into the National Park, the EDO wrote to Tony Burke, the Minister for the Environment, requesting that he exercise his powers under the Environment Protection and Biodiversity Conservation Act to order the cattle out of the Park. The Minister eventually did order the cattle out of the National Park, using these powers for the first time.

The EDO is now in VCAT on behalf of the VNPA, attempting to get access to the information relied on by the Victorian Government, when they decided to reintroduce the cattle into the Alpine National Park, under the Freedom of Information Act 1982

Law reform

Our Law Reform team is:

Advising environment groups on legal issues surrounding the forthcoming Murray-Darling Basin Plan, and pushing for a Basin Plan that protects the Murray-Darling

The EDO has been involved in the development of Murray-Darling Basin Plan since its inception, advising peak environment groups on early drafts of the Water Act. Over the past 18 months we have assisted environment groups to understand the complex legal issues around the development of the Basin Plan and have made numerous submissions to government to urge for a strong plan that complies with the Act and restores a healthy Basin.

Helping the community understand and respond to potential reform of Victorian native vegetation laws

Protecting the remaining native vegetation in Victoria is vitally important and it can't be done without strong native vegetation protection laws. Current laws do not provide enough protection and there is a possibility that they will be eroded further. We are monitoring how well the native vegetation laws are working and where they are failing and developing solutions in conjunction with conservation groups to improve them.

Helping environment groups and community groups achieve better climate change laws, including a strong carbon price

The Federal Government has finally established a national carbon emissions trading scheme – the Clean Energy Future Package. The Government has also established the Carbon Farming Initiative to encourage emission reduction in the agricultural sector. The EDO assisted environment groups and the community to understand the legal issues in the development of the legislation, and made submissions to government to strengthen the laws. The EDO is also monitoring the Victorian Government's commitments to implement the Victorian Climate Change Act.

Pushing for better environmental impact assessment laws in Victoria, and helping community and environment groups do the same

Victoria's environmental impact assessment laws are well below the national and international standard. The EDO has advised and represented hundreds of clients on the EIA system over the last 20 years and has seen first hand the community frustration and bad environmental outcomes that result. We provided significant input into the Victorian Parliament’s review of the EIA system, providing submissions and evidence on what a best practice environmental impact system would look like for Victoria. Many of our recommendations were adopted by the review committee. We will continue to call on Government to overhaul the system and empower community groups to do the same.

Making submissions to a number of government and parliamentary inquiries on everything from the Montara oil spill to the carbon farming initiative

The EDO writes about 15 - 20 submissions per year showing State and Federal Governments how environmental laws can be improved. Current focuses are the Murray-Darling Basin Plan, improving the EPBC Act and Victorian environmental impact assessment, and making sure Victoria’s laws are climate ready.

Monitoring the enforcement of key environmental laws like the Environment Protection Act, and holding regulators like the Environment Protection Authority to account.

Many of Victoria's environmental and natural resource management laws are not used to their full potential to protect the environment. In 2011 the EDO is releasing a series of reports that look at how well key environmental laws are being implemented and enforced by Victorian regulators. The Environment Protection Act report will be the first to be released. The work we have done for the report has already influenced the EPA's review into their compliance and enforcement activity.

Project Work

Environmental Justice

EDO is currently conducting research in to environmental justice - the distribution of environmental harms and benefits in society, and the rights to recognition and participation by citizens and communities in decisions affecting their health, amenity and well being. Have a read of EDO's discussion paper on this topic here.