The flying fox case

Environmental and Planning Law Journal

Volumn 18, Issue 6, 2007, Pages 540-560

  McGrath, Chris ^a  

^a Barrister at Law ^*  (Australia)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 84883499357     PISSN: 0813300X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (85)

1. See generally, 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.
2. C McGrath, Major Pieces of the Queensland Environmental Legal System, (Environmental Law Publishing, Brisbane, 2001).
3. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
4. The judgment is available on the internet at . The law and facts are stated as at
5. Property Law Act 1974 (Qld) s 4.
6. Acknowledgment must be made of the rest of the applicant's legal team, Dr Ted Christie of counsel, Mr Stephen Keim of counsel and Ms Elisa Nichols and Mr Rob Stevenson, solicitors of the Environmental Defenders' Office (Qld) Inc, for their contribution and commitment to this case.
7. The current list of matters of national environmental significance under the EPBC Act is: the world heritage values of a declared World Heritage property; the ecological character of a declared Ramsar wetland; listed threatened species and ecological communities; listed migratory species; nuclear actions; and Commonwealth marine areas.
8. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
9. GC Richards, "The Spectacled Flying-fox, Pteropus conspicillatus (Chiroptera: Pteropodidae), in North Queensland.
10. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
11. GC Richards, "The Spectacled Flying-fox, Pteropus conspicillatus (Chiroptera: Pteropodidae), in North Queensland.
12. GC Richards, "The Spectacled Flying-fox, Pteropus conspicillatus (Chiroptera: Pteropodidae), in North Queensland.
13. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
14. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
15. J Butcher, "The US & EU Trade Dispute Over GMO Soybeans", (1997) Case Number: 446 www.american.edu/projects/mandala/TED/soybean.htm
16. Property Law Act 1974 (Qld) s 4.
17. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
18. J Butcher, "The US & EU Trade Dispute Over GMO Soybeans", (1997) Case Number: 446 www.american.edu/projects/mandala/TED/soybean.htm
19. Note that the Spectacled Flying Fox is not (yet) listed as a threatened species under the EPBC Act and therefore ss 18 and 18A of the Act were not relevant.
20. Property Law Act 1974 (Qld) s 4.
21. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
22. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
23. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
24. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
25. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
26. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
27. See The Australian, Monday 26 February 2001, at 1.
28. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
29. See further, M Raff "Ten Principles of Quality in Environmental Impact Assessment" 14 Environmental and Planning Law Journal 207.
30. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
31. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
32. See further, M Raff "Ten Principles of Quality in Environmental Impact Assessment" 14 Environmental and Planning Law Journal 207.
33. See further, M Raff "Ten Principles of Quality in Environmental Impact Assessment" 14 Environmental and Planning Law Journal 207.
34. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
35. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
36. See The Australian, Monday 26 February 2001, at 1.
37. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
38. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
39. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
40. See further, M Raff "Ten Principles of Quality in Environmental Impact Assessment" 14 Environmental and Planning Law Journal 207.
41. See further, M Raff "Ten Principles of Quality in Environmental Impact Assessment" 14 Environmental and Planning Law Journal 207.
42. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
43. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
44. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
45. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
46. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
47. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
48. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
49. See The Australian, Monday 26 February 2001, at 1.
50. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
51. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
52. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
53. See The Australian, Monday 26 February 2001, at 1.
54. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
55. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
56. J Butcher, "The US & EU Trade Dispute Over GMO Soybeans", (1997) Case Number: 446 www.american.edu/projects/mandala/TED/soybean.htm
57. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
58. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
59. GC Richards, "The Spectacled Flying-fox, Pteropus conspicillatus (Chiroptera: Pteropodidae), in North Queensland.
60. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
61. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
62. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
63. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
64. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
65. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
66. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
67. See further, M Raff "Ten Principles of Quality in Environmental Impact Assessment" 14 Environmental and Planning Law Journal 207.
68. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
69. GC Richards, "The Spectacled Flying-fox, Pteropus conspicillatus (Chiroptera: Pteropodidae), in North Queensland.
70. The first addresses the meaning of the term "world heritage values" (a question of law) while the second deals with its content (a question of fact).
71. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
72. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
73. M Briody and T Prenzler, "The Enforcement of Environmental Protection Laws in Queensland: A Case of Regulatory Capture?" 15(1) EPLJ 54.
74. See further, M Raff "Ten Principles of Quality in Environmental Impact Assessment" 14 Environmental and Planning Law Journal 207.
75. See further, M Raff "Ten Principles of Quality in Environmental Impact Assessment" 14 Environmental and Planning Law Journal 207.
76. See Forest Practices Board, Draft Forest Practices Code 2000, (, 2000).
77. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
78. Note that Branson J (at para 101) found that the evidence presented at trial was insufficient to support the second limb of this issue.
79. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
80. See further, M Raff "Ten Principles of Quality in Environmental Impact Assessment" 14 Environmental and Planning Law Journal 207.
81. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
82. The facts of this case also indicate the need for the EPBC Act to be amended to allow for interim/emergency listing of threatened species, pending full listing, based on an immediate threat or on the strength of a nomination.
83. DWR, Security for Major Water Allocations: Issues Paper, Melbourne, Department of Water Resources, Victoria, 1986, p 1.
84. Having regard to s 188(4)(a) of the EPBC Act.
85. See, for instance, s 186(2) EPBC Act.