Casenote: Booth v Bosworth

Environmental and Planning Law Journal

Volumn 18, Issue 1, 2001, Pages 23-29

  McGrath, Chris ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 84883493088     PISSN: 0813300X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (23)

1. P Rigden, J Page and J Chapman, To Net or Not to Net? Flying Fox Control in Orchards Through Netting Protection, Queensland Department of Primary Industries, Brisbane, 2000, pp 29 and 46.
2. GC Richards, "The Spectacled Flying-fox, Pteropus conspicillatus (Chiroptera: Pteropodidae), in North Queensland.
3. Roost sites and distribution patterns", Australian Mammalogy (1990) 13, pp 17-24.
4. GC Richards, "The Spectacled Flying-fox, Pteropus conspicillatus (Chiroptera: Pteropodidae), in North Queensland.
5. GC Richards, "The Spectacled Flying-fox, Pteropus conspicillatus (Chiroptera: Pteropodidae), in North Queensland.
6. S Garnett and O Whybird, Report on the Census of Spectacled Flying-foxes, November 1999.
7. In addition it is a defence to a charge of unlawful taking of a protected animal under s 88 that the taking occurred under a conservation plan applicable to the animal; an exemption under the regulation; or in the course of a lawful activity that was not directed towards the taking and the taking could not reasonably have been avoided.
8. MF Carden, "Land Degradation on the Darling Downs" in K Walker (ed), Australian Environmental Policy (NSW University Press Ltd, Kensington, 1992), p 58 at 73-76.
9. P Grabosky and J Braithwaite, Of Manners Gentle: Enforcement Strategies of Australian Business Regulatory Agencies (Oxford University Press, Melbourne, 1986), at 43.
10. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
11. rd edition, Butterworths, Sydney, 1992), p 29.
12. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
13. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
14. A historical analysis of the case is provided in T Bonyhady, Places Worth Keeping: Conservations, Politics and Law, (Allen & Unwin, St Leonards, 1993).
15. The applicant chose to proceed under s 12, as s 15a is a criminal offence provision importing additional elements of proof such as "recklessness". The civil penalty provision of s 12 provides a simpler evidentiary onus.
16. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
17. See further, M Raff "Ten Principles of Quality in Environmental Impact Assessment" 14 Environmental and Planning Law Journal 207.
18. See further, M Raff "Ten Principles of Quality in Environmental Impact Assessment" 14 Environmental and Planning Law Journal 207.
19. See further, M Raff "Ten Principles of Quality in Environmental Impact Assessment" 14 Environmental and Planning Law Journal 207.
20. See further, M Raff "Ten Principles of Quality in Environmental Impact Assessment" 14 Environmental and Planning Law Journal 207.
21. See further, M Raff "Ten Principles of Quality in Environmental Impact Assessment" 14 Environmental and Planning Law Journal 207.
22. See further, M Raff "Ten Principles of Quality in Environmental Impact Assessment" 14 Environmental and Planning Law Journal 207.
23. Note that a previous analysis of the author which suggest that "s 478 does not prevent a defendant seeking damages if the claim eventually fails" is incorrect in that regard (C McGrath, "An introduction to the Environment Protection and Biodiversity Conservation Act 1999 (Cth), its implications for State environmental legislation and public interest litigation" (2000) 6 (28) QEPR 102 at 114).