Kangaroo Kill, AAT Submission 5, 2002Members Support Team Administrative Appeals Tribunal Fax 02 9391 2448 To Deputy-President Hon R.N.J Purvis, QC. Cc Alex Segleneiks, 02 62741587
RE: WILDLIFE PROTECTION ASSOCIATION & ORGS AND MINISTER FOR THE ENVIRONMENT AND HERITAGE APPLICANTS RESPONSE TO RESPONDENT’S RESPONSE TO APPLICANTS’ FINAL SUBMISSIONS Friday, December 20, 2002, 6.30 am. General Observations. We note that one of the two many important matters raised during this appeal, was the matter of removal of the “damage mitigation clause”, which effectively turned kangaroos into a commercial resource. The evidence presented clearly showed that this is against NSW NPWS policy, and Federal government policy. Further there is no Legislation to allow this change of distinction, from wildlife to resource, to occur. We stand by our contention that this matter alone, is a breach of the Legislation, and we believe should overturn the Minister’s decision. Another stand-alone matter is the fact that no-one, neither expert witnesses or the NSW KMP manager, could, or would explain, how the non-commercial mortality rate was factored into the quotas. We can only conclude that it is not, which, from evidence presented, especially in drought, could allow quotas to be taken of up to, and perhaps over, 70% of kangaroo populations. It has been clearly shown that the KMP is propped up by dodgy figures, and complicated assumptive models. We stand by our contentions that; the Management Program should be set aside on the grounds that the Minister was not, or should not have been, satisfied as to some of the matters prescribed in subsection 10 (1b) of the Act, specifically (c), and matters prescribed in Regulation 5. Sincerely, Pat O’Brien
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