Kangaroo Kill, AAT Submission 2, 2002

5th December, 2002

Members Support Team Administrative Appeals Tribunal Fax 02 9391 2448

To Deputy-member Purvis, QC.

Re Wildlife Protection Association of Australia, and Minister for the Environment and Heritage. N2002/286

SUMMARY OF SUBMISSIONS FILED, AND TO BE FILED.

With respect,

We have submitted a 23 page document, and other supporting documents, including Exhibit A, a book entitled “The Kangaroo Betrayed”, detailing our concerns about the 2002 Kangaroo Management Plan.

In our Statement of Issues, we have questioned sustainability, lack of good scientific information, potential genetic loss, counting methodology, failure to consider community concerns, cruelty issues, and health issues.

We have been disadvantaged by late joiners, late evidence statement demands, and our own lack of experience.

But we believe we have shown clear and compelling evidence throughout our submission, and from evidence provided so far at the Hearings, that neither NSW NPWS, or EA, had any intention of considering community views. We submit we have shown clearly that the Federal government department, Environment Australia, has not properly and lawfully considered the many issues associated with this Plan, and in many such matters has failed to comply with the Legislation.

On 19th and 20th November, we heard evidence relating to potential loss of genetic strength, through loss of the natural selection process, and how three genetic experts cannot agree on these matters.

We heard evidence about models, and how the whole commercial kangaroo kill program is propped up by highly complex modeling, and how a model to calculate TGP (total grazing pressure) been grossly overestimated.

We have heard how we cannot predict the length of a drought, and how the 5-year Plan is unsustainable, and a “compromise” Plan.

We have seen how the NSW NPWS and EA have claimed to have altered the Plan to accommodate community concerns, but in fact have not.

We have shown how the COP does not adequately address issues of cruelty, and we have heard about the inherent difficulties and inadequacies of managing 4 species under one Plan.

We ask permission of the Tribunal to file another Submission first thing on Monday the 16th December, to detail a Summary of the evidence presented from Hearings on the 19th and 20th November. This submission will consist of around 10 pages.

We also seek permission to file a further submission first thing on Wednesday the 18th of December, which will detail the evidence heard on Monday.

These submissions will describe the evidence which has been heard at the Tribunal, that will support our contentions that are relevant to the issue to be determined.

We respectfully submit to the Tribunal that we believe our submissions will present ample evidence and argument, to support our contention that the NSW Kangaroo Management Program 2002 should be set aside, on the grounds that the Minister was not, or should not have been, satisfied as to the matters prescribed in Section 10(B), of the Act, and regulation 5, of the Regulations.

Sincerely, Pat O’Brien

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