The participant from most Australian jurisdictions and all levels of government still have another intensive week at the training venue in Brisbane, with the daily schedule set down for training activities from 9am to 9pm.

A more comprehensive update will be provided on completion of the two week intensive course.

Orogen Pty Ltd and its director, Anthony Fish pleaded guilty to causing damage to the habitat of Koalas, being a threatened species, knowing it was habitat of that kind, after giving advice which caused damage to Koala habitat, at Taylors Beach near Port Stephens in March 2007.

As well as fining Orogen Pty Ltd $10,000 and Anthony Fish, $5,000, the court also imposed an environmental service order penalty on both offenders requiring them to undertake Koala habitat mapping for Port Stephens Council. The value of the mapping project is estimated to be more than $160,000.

Both offenders were also ordered to publish details of the offences in the Sydney Morning Herald and the newsletter for the Ecological Consultants Association of NSW. They were also ordered to pay a total of $105,000 in legal costs.

The offences occurred when the consultancy was advising a developer on which vegetation it could clear to prepare for a development at Taylors beach. Mr Fish explained in his evidence that the offences occurred as a result of an oversight, in that he and Orogen failed to advise the developer that the National Parks and Wildlife Act prohibited damage to threatened species habitat unless a development consent had been obtained from Council.

He also accepted that the offence occurred in part due to Orogen’s acceptance of responsibility for ensuring legislative compliance with respect to the clearing works proposed by the developer.

DECCW Director-General, Lisa Corbyn said the Court’s decision sends a clear message to environmental consultants that they have an important responsibility in providing accurate advice to their clients.

“This is the first time an environmental consultancy rather than the contractor, developer or landholder has been prosecuted,” Ms Corbyn said.

“Investigations revealed that the developer had relied on Orogen and Mr Fish, as the expert environmental consultants, to advise on what trees could and could not be removed” Ms Corbyn said.

“This is also the first time that Court has exercised new penalty provisions under the recently amended National Parks and Wildlife Act, to impose an environmental service order in connection with an offence” she said.

NSW DECCW Media release: 11 August 2010

More information about the NSW National Parks and Wildlife Act is available through www.environment.nsw.gov.au

This partnership was assisted by the Asian Environmental Compliance and Enforcement Network (AECEN) and the Australasian Environmental Law Enforcement and Regulators neTwork (AELERT).

The focus of the twinning partnership is industry self-monitoring, self-reporting and recordkeeping of environmental performance, with an aim to improve the DONRE capacity to implement policies and practices in Ho Chi Minh City.

The Vietnamese delegation travelled to Sydney in mid-August 2010 as part of a DECCW organised capacity building visit. During the trip, the delegation undertook a number of site visits and participated in a range of presentations and discussions relating to the management of relevant issues in NSW. Additionally, the delegation attended the NSW Land and Environment Court to gain further understanding of the role of the specialist environmental court.

To read the AECEN News Item, please visit the AECEN site.

News item adapted from AECEN article dated 18 August 2010.

The Keynote speaker will be Dr David Suzuki, Co-Founder of the David Suzuki Foundation, and award-winning scientist, environmentalist and broadcaster. Dr Suzuki is renowned for his radio and television programs that explain the complexities of the natural sciences in a compelling, easily understood way.

Dr Suzuki will focus his presentation on his perception of the greatest environmental challenge - “The human brain“, looking at values and beliefs shaping perceptions of the world, the growth of the human population into a geological force changing features of the planet, at the same time as clinging to tribal ways and paying little attention to warnings of scientists about global ecological devastation.

Plenary speakers following from Dr Suzuki include:

More information and to register for the AELERT 2010 Conference is available at the AELERT Conference site.

Of particular note was the establishment of a new Research & Publications Project and an AELERT project to provide support, where requested, to the Environment Protection and Heritage Council Harmonisation project.

After severing several years as the Chair of AELERT, Mr Greg Sullivan (currently Deputy Director General, NSW DECCW) was invited to extend his tenure for another year in this lead AELERT role.

Particular thanks must be made to Lynne Neville (NSW Jurisdictional Representative) for hosting and organising the meeting.

The minutes of this meeting have been finalised and made available to AELERT Steering Committee members.

The next AELERT Steering Committee meeting will be held on Wednesday 03 November 2010 in Canberra. This Steering Committee meeting will be held in the morning, followed by Cluster meetings in the afternoon. Following these meetings, the AELERT 2010 Conference will be held on 04 & 05 November at Rydges Lakeside in Canberra. For more information about the AELERT Conference, please visit the : AELERT 2010 Conference pages .

For more information about the AELERT Steering Committee, members are encouraged to contact their respective Jurisdictional Representatives.
Australian Government
Australian Capital Territory
New South Wales
Northern Territory
Queensland
South Australia
Tasmania
Victoria
Western Australia
New Zealand

Red-whiskered Bulbul Pest Animal Alert

Canada Goose Pest Animal Alert

Barbary Dove Pest Animal Alert

Previous alerts available through WA Pest Alerts page

Michael Plank, owner of US-based Big Game Reptiles, was stopped by customs agents when he arrived at Los Angeles international airport last November on a United Airlines flight originating in Sydney.

Acting on a tip from a “confidential informant”, a pat-down search on Plank found two money belts strapped to his chest containing two geckos, two monitor lizards and 11 skinks worth more than $US8500 ($9400).

Plank, 41, of Lomita, south of Los Angeles, originally entered a not guilty plea to the smuggling charge and last month asked US District Court judge Otis D Wright to throw out the evidence derived from the pat-down search.

Plank also fought to expose the identity of the informant.

When he lost both bids and a jury trial loomed, Plank did an about face and entered a guilty plea to the charge of smuggling wildlife into the US.

Plank will be sentenced October 18 and faces a maximum penalty of 20 years in prison and up to $US250,000 ($280,000) in fines.

According to court documents, Plank told US authorities he collected the lizards in the Australian outback.

Plank’s travel records show he made eight trips to Australia in six years, US authorities allege.

By Peter Mitchell in Los Angeles From: AAP July 28, 2010 8:22AM
Sourced from http://www.theaustralian.com.au/news/breaking-news/american-admits-smuggling-aussie-lizards/story-fn3dxity-1225897823731

Other snippets of interest in the case (previously reported by AFP Correspondents in Los Angeles (22 December 2009):

It is said that the early bird catches the worm. Well in this case, the early bird catches the great conference discount.

Early Bird registration closes Thursday 5 August 2010 so don’t miss out on your conference registration discount.

Keynote speakers include:

Dr David Suzuki
Dr Maxine Cooper
Professor Owen Hughes
Dr Joe Smith
Dr George Main
Dr Peter King

The 2010 AELERT Conference theme is ‘Diversity in Environmental Regulatory Responses’, with the speakers line up to reflect the wide range of issues being dealt with by AELERT member agencies.

To find out more about the 2010 AELERT Conference or to register and receive your early bird discount, visit the conference website by clicking here.

If you require any further information, please do not hesitate to contact us on 02 6281 6624 or email conference@conlog.com.au.

We look forward to seeing you in Canberra.

Regulatory capture risks were discussed by Matt Lady (UniSA), through a overarching comparison of the agencies involved in the regulation of the upstream petroleum sector within South Australia, the Commonwealth and United States. All levels of regulation have similarities in how they operate, with the mantra of “We will trust, but verify” being flagged as a precautionary note.

Louise McIntosh (SA DLWBC) showcased important work regarding Riverbank Collapse Hazards and the risks to communities of such events. The impact of unprecedented water level drops were clearly shown to be very serious and hold potential for devastating & catastrophic impacts if not identified, and mitigation measures put in place.

Senior Sergeant Barry Blundell (SA Police) presented a detailed presentation highlighting some of the issues relating to electronic evidence. With all regulated commodity areas now well linked to at least one type of digital technology, the identification, management and use of electronic evidence is a serious issue confronting all enforcement agencies.

Current issues and cases for the SA RSPCA were discussed by Jed Goodfellow. In a recent case, court action resulted in penalty being handed down and the seized animals having been rehabilitated and currently being rehoused.

David Cole (DLA Phillips Fox) highlighted a range of observations that he made during recent work relating to the national risk based C&E framework for water resources. These observations interlinked into the previous discussion about regulatory capture and confirmed that regulators have a range of challenges ahead.

Vic Gaffney (SA EPA) pointed out current Disclosure requirements reducing the key message to the 3R’s – Record, Retain & Reveal. Staff may need to be circumspect about releasing operational documentation, however, the pull factors may require ‘sensitive’ information be revealed if Public Interest Immunity is not successfully argued.

Sam Wade (SA EPA) postulated a move toward developing and implementing a more structured risk management framework for responses to non-compliance. This multi-levelled approach considering pre-licence assessment to determine the level of engagement with regulated entities is proposed to extend through to non-compliance events and the associated regulatory responses.

From the AELERT Secretariat position, being invited and attending the South Australian second tier event was beneficial to hear the issues confronting investigative staff and will assist in tailoring future AELERT products, projects and events in a meaningful and targeted way. Working through the challenges and issues confronting regulatory agencies together will provide better outcomes and responses to those issues.

James Lehane
AELERT Secretariat Project Officer

For more information relating to AELERT in South Australia, please contact John Winkworth (AELERT Jurisdictional Representative Sth.Aust.) or Stephen Barry (AELERT Capacity Building Cluster Chair).

Dib Hanna Abdalla Hanna pleaded guilty in the Land and Environment Court to 4 charges of dumping building waste, including asbestos, at sites in Rooty Hill, Bankstown, Minchinbury and Liverpool between July and October 2009.

He also ignored orders by the NSW Department of Environment Climate Change and Water (DECCW) to clean up the dumped material - forcing taxpayers to foot the bill.

In sentencing Mr Hanna, Justice Craig described the string of dumping offences as a “deliberate course of criminal behaviour”, penalising him $104,000 and ordering him to pay $8,000 in clean up costs and $21,000 in legal fees.

Justice Craig said that Mr Hanna had been paid to transport and dispose of the rubbish to a lawful facility but chose to dump the waste and maximize his profits rather than taking it to a lawful landfill.

A serial offender, Mr Hanna has been the subject of various levels of regulatory action by many councils in Western Sydney, including Liverpool Council which successfully prosecuted him on 2, September, 2009 for three separate illegal dumping offences.

Acting DECCW Director General, Simon Smith, said DECCW had a team of dedicated investigators, whose methods were both exhaustive and sophisticated.

“Mr Hanna was caught red handed by DECCW investigators, who filmed his illegal activities twice during surveillance operations.

“However it was the joint operations with Bankstown, Liverpool and Blacktown councils and the Western Sydney Regional Illegal Dumping Squad that helped get the convictions and I am pleased that the Land and Environment Court viewed the offences seriously..”

Mr Smith said illegal dumping would not be tolerated.

“Mr Hanna operated with complete disregard for and indeed in defiance of the law. The community expects DECCW to protect the environment and their neighbourhoods from illegal dumpers ,” he said

“Illegal dumping is not only a blot on the landscape, it threatens the health of our waterways and, in the case of asbestos,the health of our communities.

“It also costs taxpayers, councils and the community hundreds of thousands of dollars in clean up costs every year.”

Mr Smith urged people contracting waste removal companies to check their credentials carefully as they are also responsible for ensuring their waste is disposed of legally.

“People need to choose their waste transport contractors wisely and not assume they will ‘do the right thing’ with waste.

“I would encourage anyone employing a waste transporter to make sure that the waste will be disposed of properly,” he said.

He said DECCW officers are continuing to investigate the building sites where the waste originated from.

Information for building site managers about how to dispose of waste legally and responsibly is available at http://www.environment.nsw.gov.au/waste/manbuildingwaste.htm.

· People can report any illegal dumping to DECCW’s Environment Line on 131 555 or the Western Sydney RID Squad on 4732 7446.

· DECCW obtained a court order forcing Mr Hanna to pay the fines into the Environmental Trust which is used as emergency funding to clean up illegally dumped waste and environmental pollution.

The offences

· In one instance he was filmed dumping waste in public parkland in Hargrave Park after being covertly followed from his home by DECCW waste investigators. Officers from Bankstown and Liverpool Council also took part in the surveillance and were immediately on hand blocking his truck from leaving the scene of the offence.

· Just one month later investigators from DECCW and Western Sydney RID Squad undertook covert surveillance of a building site in St Marys. Mr Hanna and some associates transported waste from the building site to various locations around Sydney. Mr Hanna took a load of waste to his home where DECCW and RID Squad officers kept it under surveillance for the night. The following morning Mr Hanna was tailed on a circular route for 25km across Western Sydney before he was filmed tipping waste that included chrysotile asbestos onto an empty building site in Beames Avenue, Rooty Hill - 4km from where he started.

· In another instance, DECCW investigators placed unique markers in the tipper of Mr Hanna’s truck that contained a load of waste. The waste was later found at John Hines Avenue in Minchinbury, less that 2 km from Mr Hanna’s home. This waste was found to contain both chrystotile and armosite asbestos.

· Extensive investigations by the Western Sydney RID Squad of a pile of waste that had been dumped at Bankstown Airport led to a construction company that had employed Mr Hanna to transport their waste. Mr Hanna was later interviewed and admitted dumping the waste illegally.

Contact: Jenny Stokes