Kangaroos at a crossroads: Environmental law and the kangaroo industry

Environmental and Planning Law Journal

Volumn 30, Issue 2, 2013, Pages 162-181

  Boom, Keely ^a   Ben Ami, Dror ^b  

^a UNIVERSITY OF TECHNOLOGY SYDNEY   (Australia)

^b THINKK ^*  (Australia)

Author keywords

[No Author keywords available]

Indexed keywords

ENVIRONMENTAL LEGISLATION; ENVIRONMENTAL POLICY; MARSUPIAL; PRECAUTIONARY PRINCIPLE; REGULATORY FRAMEWORK;

AUSTRALIA;

EID: 84879133314     PISSN: 0813300X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (146)

1. See eg Choquenot D, Scientific, Economic and Social Issues of Commercial Use of Wild Animals in Australia (Bureau of Resource Sciences, 1998).
2. See generally Khoo O, "A New Call to Arms or a New Coast of Arms? The Animal Rights and Environmentalism Debate in Australia" (2009) 5 Journal of Animal Law 49.
3. Rittel HWJ and Webber MM, "Dilemmas in a General Theory of Planning" (1973) 4 Policy Sciences 155
4. Camillus JC, "Strategy as a Wicked Problem" (2008) 86(5) Harvard Business Review 98
5. Jentoff S and Chuenpagdee R, "Fisheries and Coastal Governance as a Wicked Problem" (2009) 33(4) Marine Policy 553
6. Chapple R, "The Politics of Feral Horse Management in Guy Fawkes River National Park, NSW" (2005) 33(2) Australian Zoologist 233
7. Shindler B and Cramer LA, "Shifting Public Values for Forest Management: Making Sense of Wicked Problems" (1999) 14(1) Western Journal of Applied Forestry 28.
8. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
9. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
10. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
11. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
12. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
13. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
14. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
15. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
16. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
17. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
18. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
19. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
20. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
21. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
22. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
23. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
24. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
25. See eg Thiriet D, "In the Spotlight-The Welfare of Introduced Wild Animals in Australia" (2007) 24 EPLJ 417.
26. Arcioni E, "What's in a Name? The Changing Definition of Weeds in Australia" (2004) 21 EPLJ 450.
27. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
28. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
29. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
30. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
31. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
32. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
33. Fauna Conservation Act 1974 (Qld) (repealed), s 7(1).
34. Fauna Conservation Act 1974 (Qld) (repealed), s 67.
35. See generally Meyers GD, "Native Title Rights in Natural Resources: A Comparative Perspective of Common Law Jurisprudence" (2002) 19 EPLJ 245.
36. Thiriet D, "Out of the 'Too Hard Basket'-Traditional Hunting and Animal Welfare" (2007) 24 EPLJ 59.
37. Yanner v Eaton (1999) 201 CLR 351 at 367-369 per Gleeson CJ, Gaudron, Kirby and Hayne JJ.
38. Yanner v Eaton (1999) 201 CLR 351 at 367.
39. Yanner v Eaton (1999) 201 CLR 351 at 369.
40. Mabo v Queensland (No 2) (1992) 175 CLR 1.
41. Rogers N, "The Emerging Concept of 'Radical Title' in Australia: Implications for Environmental Management" (1995) 12 EPLJ 183 at 186.
42. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
43. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
44. Wildlife Protection Assn of Australia Inc and Minister for the Environment, Heritage and the Arts [2008] AATA 717 at [26].
45. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
46. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
47. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
48. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
49. Now the Australian and New Zealand Environment and Conservation Council (ANZECC).
50. Steensby C (Assistant Director, Wildlife Trade Assessments, Department of Sustainability, Environment, Water, Population and Communities), email to authors, 26 March 2012.
51. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
52. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
53. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
54. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
55. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
56. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
57. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
58. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
59. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
60. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
61. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
62. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
63. 2006 NSW Kangaroo Management Program-Kangaroo and Wallaroo Commercial Take.
64. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
65. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
66. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
67. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
68. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
69. Nature Conservation (Macropod Harvest Period 2011) Notice 2010 (Subordinate Legislation 2009 No 315), s 10.
70. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
71. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
72. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
73. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
74. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
75. New South Wales Kangaroo Management Program, effective 1 January 1998 to 31 December 2001.
76. Circular: Explanatory Notes to Support the Public Exhibition of NSW Kangaroo Management Program-A Management Program for the Utilisation of Four Kangaroo Species in New South Wales at [1.8] (Circular).
77. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
78. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
79. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
80. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
81. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
82. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
83. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
84. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
85. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
86. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
87. On the role of science in law, see eg Muirden A and Bailey J, "Presenting Scientific Evidence in Environmental Court Cases: How Science and Law Meet" (2008) 25 EPLJ 425.
88. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
89. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
90. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
91. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
92. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
93. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
94. Section 3 provides: "(5) A reference in this Act to the taking of any wildlife or to the taking of a form of wildlife that is game includes a reference to the killing, destroying, hunting, pursuing, catching, shooting, netting, snaring or injuring that wildlife or that form of wildlife. "
95. Acts Interpretation Act 1901 (Cth), s 19.
96. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
97. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
98. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
99. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
100. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
101. New South Wales Kangaroo Management Program, effective 1 January 2007 to 31 December 2011.
102. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
103. See generally Preston BJ, "The Role of Public Interest Environmental Litigation" (2006) EPLJ 337.
104. Baird R, "Public Interest Litigation and the Environment Protection and Biodiversity Conservation Act" (2008) EPLJ 410
105. McGrath C, "Flying Foxes, Dams and Whales: Using Federal Environmental Laws in the Public Interest" (2008) EPLJ 324.
106. Records of compliance and enforcement are available in the Annual Reports from New South Wales, Queensland and South Australia. See eg Payne N, "2010 Annual Report, New South Wales Commercial Kangaroo Harvest Management Plan 2007-2011" (Department of Environment, Climate Change and Water, 2011).
107. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
108. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
109. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
110. Morris v Department of Environment and Climate Change [2008] NSWLEC 309.
111. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
112. Environmental Protection Act 1994 (Qld)
113. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
114. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
115. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
116. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
117. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
118. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
119. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
120. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
121. Environment Protection and Biodiversity Conservation Act 1999 (Cth), s 3.
122. The precautionary principle shifts the burden of proof to the advocates (ie government agencies) who must show that the practice will not cause serious or irreversible environmental harm. Therefore, if the precautionary principle does not apply the burden of proof would remain with any challengers in merits review.
123. Wildlife Protection Assn of Australia Inc and Minister for the Environment, Heritage and the Arts [2008] AATA 1079 at [60].
124. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
125. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
126. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
127. Cabarrús J, "Merits Review of Commonwealth Environmental Decision-making" (2009) 26 EPLJ 113 at 115.
128. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
129. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
130. Re Fund for Animals Ltd and Minister of State for Arts, Heritage & Environment [1986] AATA 151 at [61].
131. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
132. Re Fund for Animals Ltd and Minister of State for Arts, Heritage & Environment [1986] AATA 151 at [29].
133. Re Fund for Animals Ltd and Minister of State for Arts, Heritage & Environment [1986] AATA 151 at [96].
134. Re Wildlife Protection Assn of Australia Inc and Minister for the Environment & Heritage [2006] AATA 953 at [4].
135. Environment and Heritage Legislation Amendment Act (No 1) 2006 (Cth).
136. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
137. South Australia, Debates, Legislative Council, 22 July 2010, 707 (Bill Committee Stage)-"Mining Miscellaneous Amendment Bill".
138. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
139. England C, "Mining Zones for Flinders Wilderness Shelved", The Advertiser (23 October 2010) p 79.
140. Concerning a decision to approve the development of a resort and tourist area in Farnborough Queensland.
141. Australian Conservation Foundation v Commonwealth (1980) 146 CLR 493.
142. Animal Liberation v Conservator of Flora and Fauna (Administrative Review) [2009] ACAT 17; [2009] ACAT 9.
143. ACT Civil and Administrative Tribunal Act 2007 (ACT), s 22Q(2).
144. Animal Liberation v Conservator of Flora and Fauna (Administrative Review) [2009] ACAT 9 at [11].
145. Animal Liberation v Conservator of Flora and Fauna (Administrative Review) [2009] ACAT 9 at [124].
146. Wildcare Queanbeyan Incorporated v Conservator of Flora and Fauna (Administrative Review) [2011] ACAT 68.