Government gags EDOs

By Carl Gosper

In a major attack on the enforcement of environmental law, the Howard government has told Environmental Defender's Offices (EDOs) that they can no longer take legal action against state or federal governments, or even private developers, who break environmental laws.

Commonwealth funding of EDOs (about $70,000 per state organisation) must now be used only for community legal education and advice, with any litigation financed by funds raised elsewhere, an option not available for many of the smaller EDOs.

The EDO is a community legal centre that provides assistance to citizens and community groups in environmental law matters, including assisting in litigation; achieving law reform; providing a free legal advice hotline and community education.

Significant test cases of environmental law in which the EDO has been involved include the “Iron Gates” housing development in NSW (where the developer was found to have cleared land illegally, including koala habitat, and now is being forced to rehabilitate the site), and the current battle against a resort/marina at Oyster Point adjacent to Hinchinbrook Island.

This last case, in which an EDO represented Friends of Hinchinbrook in proceedings against the federal government, was a factor in the current government backlash against EDO activities. The federal attorney-general, Daryl Williams, received complaints by the states over the operations of EDOs, and also directly from developer Keith Williams over the action against his Hinchinbrook proposal.

Without the assistance of EDOs, the ability of community groups and citizens to challenge planning decisions and even blatant breaking of environment and planning laws will be severely restricted.

Less enforcement of environmental law will encourage further breaches. Limiting public and judicial scrutiny of these issues further reinforces governments' position of responding to development interests, and giving greater weight to economic factors than ecological concerns.

This article was posted on the Green Left Weekly Home Page.
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