The 2008 Appeal into the NSW Kangaroo Mangament PlanOver five hearing days, from the 31st to the 4th of April 2008 we appealed the Federal Ministers decision to approve the NSW 2007 to 2012 Commercial Kangaroo Management Plan in the Federal Administrative Appeals Tribunal. We argued that the Federal Minister (at the time Malcolm Turnbull, now Peter Garrett) didn't have enough information to approve the Plan. We based our appeal on sustainablity and humane issues that have not been addressed. On Monday myself, Angie Stevenson and Sally Dingle-Wall from NSW Animal Liberation gave evidence into our two year undercover investigation into the commercial kangaroo kill. (details are on the kangaroo protection website at http://www.kangaroosforever.com ) With a disillusioned kangaroo shooter and a private detective, we did several trips around NSW, entering chiller boxes, taking photos and videos, and talking to the community at servos and cafes, etc. Kangaroo numbers throughout NSW have crashed, and we gave evidence accordingly. Our barristers supoenaed Dr Bidda Jones from the RSPCA, and she gave evidence during Monday afternoon which supported much of what we were saying in relation to humane issues. On Tuesday Mark Pearson from Animal Lib NSW (just arrived back from Zurich) gave his evidence, including presenting a DVD. Unfortunately part of the DVD was disallowed. Professor Clive Philips gave evidence for the Federal government and NSW DECC via videolink from Perth. He actually helped our case. Tuesday was also devoted to cross-examination of Arthur Snook, DECC's (formerly NSW NPWS) compliance officer. Dr David Croft arrived from Broken Hill to give his evidence for us on Wednsday. Also on Wednesday Dr Paul Hopwood gave evidence, as did Dr Tony Pople for the Feds and DECC. Our two barristers, Peter Singleton and Mathew Baird, and our solicitors did an amazing job, especially considering the complexities of the issue, which they had good handle on. The Feds and DECC had three barristers and four solicitors working for them. Typically, their legal team were obstructive. Dr Cairns and the NSW Kangaroo Kill manager Nicole Payne gave evidence for the Government on Thursday. When the Tribunal's decision is handed down, we will post it on this webpage. The decision is not expected to be handed down for some weeks. Meanwhile our barristers final submission to the Tribunal is posted below. it is a PDF file of 108 pages, if you rightclick on the link below and save to "My Documents" it will download into your computer. You will need Adobe Reader (free) to open it.
Right-click to download this PDF file here. Below are the transcripts from the five day hearings. These are large files and may take a few minutes to download.
Hearing Day One, Right-click to download this PDF file here.
Hearing Day Two, Right-click to download this PDF file here.
Hearing Day Three, Right-click to download this PDF file here.
Hearing Day Four, Right-click to download this PDF file here. **************************************************************** On the 15th Ausgust the AAT handed down their Findings. Our media release is below, and below that is the link to download their Decision. Media Release 15th August 2008, Wildlife Protection Assn of Australia Inc. NSW Kangaroo Kill Appeal Fails!
Wildlife groups who appealed the 2007 to 2012 NSW Kangaroo Managment Plan in the NSW Adminisrative Appeals Tribunal are bitterly dissapointed but not surprised that the Appeal failed. "It's alway as been obvious to us that the Federal Legislation (the EPBC Act) is there to protect the Industry rather than protect the kangaroos" said WPAA President Pat O'Brien. The Tribunal has not ruled to set aside the decision of the Minister. The AAT Hearings, which sat for nearly two years, only recommended that "trigger points" be established in each of the shooting zones, so that if a kangaroo population in that zone dropped 30 to 35% since the last survey taken, the commercial shooting be immediately stopped. However a new report for the The Australian Society for Kangaroos, and based on Government figures, has exposed kangaroo densities at less than 5 kangaroos per square kilometer across most of NSW, South Australia and Queensland. These low densities have been defined in the Federal Government's Murray Darling Report as “quasi extinction” or the “nominal value taken to be the effective loss of the species” . The Murray Darling report titled “Kangaroo Options in the Murray Darling Basin” was sponsored by the Murray Darling Commission, and written by government and independent scientists in 2004. It warns of the risks of killing kangaroos at levels below 5 kangaroos square kilometer, stating that strategies that produce average densities of less than 5 kangaroos per square kilometer would result in minimum densities of less than 2 kangaroos square kilometer and could be considered a threat to species conservation” The Report also warns that populations of less than 2 kangaroos per square kilometer would generally be considered at risk of extinction. The commercial kangaroo industry, which is the largest wildlife slaughter in the world, has once again been shown to be unsustainable and should be stopped immediately. There is significant risk of large scale extinctions of Red Kangaroos, Grey Kangaroos, Wallaroos and Euros, across New South Wales, South Australia and Queensland. President of WPAA Pat O'Brien said that wildlife groups now know for sure that Australians cannot rely on their Governments to protect kangaroos. The groups will now campaign vigorously to destroy the commercial kangaroo Industry. ***************************************************************** Right click to Download the AAT Decision below.
Right-click to download this PDF file here. ***************************************************************** Although we failed to stop the commercial kill (mainly due to the inherant weakness of the EPBC Act), on the 2nd of December 2008, the Tribunal did vary the Plan by insisting that trigger points be included in the Plan. This means that when populations reach a certain low, shooting stops. So although its not the best result, we now go from an Industry that will keep shooting kangaroos until they are all gone, to definate trigger points that will stop the shooting. However, wether the trigger points will be adequate, remains to be seen. We wanted better, but the Tribunal has made it's ruling, and that's that. This result now means we can argue that all the State kangaroo management plans incorporate trigger points too. But dont forget there is an Inquiry into the EPBC Act now, copy and paste this link into your browser, http://www.environment.gov.au/epbc/review/index.html Comments have to be in by 20th December 2008 *****************************************************************
Commonwealth of Australia (2008) Administrative Appeals Tribunal DECISION AND REASONS FOR DECISION [2008] AATA 1079 ADMINISTRATIVE APPEALS TRIBUNAL ) No 2007/0535 GENERAL ADMINISTRATIVE DIVISION ) Re WILDLIFE PROTECTION ASSOCIATION OF AUSTRALIA INC. Applicant And MINISTER FOR THE ENVIRONMENT, HERITAGE AND THE ARTS Respondent And DIRECTOR-GENERAL OF THE DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE (NSW) Joined Party DECISION Tribunal Deputy President P E Hack SC and Dr T J Hawcroft, Member, Date 2 December 2008, Place Brisbane Decision The Tribunal varies the decision under review in the manner set out in paragraph [3] of the reasons. . REASONS FOR DECISION, 2 December 2008 Deputy President P E Hack SC and Dr T J Hawcroft, Member 1. The substantive and procedural background to this matter is set out in our earlier reasons for decision 1 and we need not recite that detail. It will suffice for present purposes to note that in the latter reasons we directed the joined party, in consultation with interested parties, to formulate a variation to the “New South Wales Commercial Kangaroo Harvest Management Plan” (the Plan) to deal with concerns that we had with the Plan as formulated. 2. The joined party has done so. The Minister supports the variations proposed. No response to what is proposed has been received from, or on behalf of the applicant. 3. We are satisfied that what is proposed deals appropriately with our concerns and accordingly we would vary the decision under review in the following respects: (a) The Plan be varied to include a new action under Aim 4 of the Plan (T14, p 151) which would read: ACTION 10A: If kangaroo populations decline to specific trigger points, the commercial harvest of particular species in particular zones will be suspended. For management zones with annual aerial surveys: 1 See [2008] AATA 717 and [2008] AATA 846
(a) Following the aerial survey (August, year 0) if the population is less than the trigger point, the allocation of commercial harvest tags for the relevant species in the relevant zone will be suspended. Current licences authorising the harvest of the species in the zone will be allowed to continue until expiry. Four months would be the maximum time harvesting would continue (i.e December, year 0) because occupier’s licences are only valid for four month periods.
(b) If the next survey (August, year 1) indicates that the population has not increased above the trigger point, the commercial harvest will remain suspended. However, if the year 1 survey indicates that the population has increased above the trigger point, the commercial harvest will be recommenced with a pro rata quota set at 10% of the new population estimate for the remainder of that calendar year and the start of the next year.
(c) If the next survey (August, year 2) indicates that the population has further increased, a pro rata quota set at 10% of the new population estimate will be set for the remainder of the calendar year. At the commencement of the following calendar year (January, year 3) the quota will be set in the normal manner. If the year 2 survey indicates that the population is above the trigger point but has not further increased, the commercial harvest will continue with a pro rata quota set of 10% of the population until the next survey (August, year 3). If the year 2 survey indicates that the population is below the trigger point, the commercial harvest would be re-suspended as set out in (a) above.
The same principles will apply to management zones that are surveyed on a three yearly cycle. However, where the population estimate is below the trigger point or above the trigger point but still low, DECC may undertake additional surveys before the next scheduled three year survey in order to monitor the population. This may enable the commercial harvest to be recommenced as set out in (b) and (c) above. The following tables show the specific proposed trigger points for each species and each zone. The populations and trigger points are rounded to the nearest 10,000.
Table 1: Red kangaroo populations and triggers Population Low since 2000 Current Estimate (2008)
Zone, Tibooburra, population, 360,000 Density, 6.6 Year, 2006 Population, 610,000 Density, 11.1, Trigger, 360,000
Broken Hill 540,000 5.9 2005 1,190,000 13.1 540,000
Lower Darling 110,000 2 2006 250,000 4.5 110,000
Cobar 90,000 2.1 2007 160,000 3.9 90,000
Bourke 140,000 2.6 2007 140,000 2.6 140,000
Narrabri 120,000 1.8 2007 130,000 1.9 120,000
Coonabarabran 140,000 2.2 2005 170,000 2.7 140,000
Griffith 210,000 2.2 2004 230,000 2.3 210,000 Table 2: Eastern grey kangaroo populations and triggers Population Low since 2000 Current Estimate (2008) Zone Population Density Year Population Density Trigger Population Zone, Tibooburra population, 40,000 Density, 0.6 year, 2005 population, 70,000 Density, 1.3 Trigger, 40,000
Broken Hill 70,000 0.8 2005 190,000 2.1 70,000
Lower Darling 40,000 0.7 2005 120,000 2.2 40,000
Cobar 70,000 1.8 2006 120,000 3 70,000
Bourke 70,000 1.3 2006 110,000 1.9 70,000
Narrabri 370,000 5.6 2004 510,000 7.8 370,000
Coonabarabran 500,000 8.1 2007 510,000 8.2 500,000
Griffith 500,000 5.1 2007 530,000 5.4 500,000
Armidale 140,000 8.7 2007 140,000 8.7 140,000
Glen Innes 150,000 8.1 2004 240,000 11.3 150,000
Upper Hunter 70,000 4.8 2004 90,000 6.3 70,000
SE NSW 290,000 12 2003 420,000 14.1 290,000
Table 3: Western grey kangaroo populations and triggers
Population Low since 2000 Current Estimate (2008) Zone Population Density Year Population Density Trigger Zone, Tibooburra, Population, 20,000 Density, 0.3 year, 2004 Population, 20,000 Density, 0.4 Trigger, 20,000
Broken Hill 100,000 1.1 2005 250,000 2.7 100,000
Lower Darling 70,000 1.3 2005 250,000 4.3 70,000
Cobar 130,000 3.3 2006 230,000 5.7 130,000
Bourke 40,000 0.7 2006 50,000 0.9 40,000
Narrabri Minimal numbers - no commercial quota set
Coonabarabran 70,000 1.1 2007 80,000 1.3 70,000
Griffith 70,000 0.7 2007 110,000 1.1 70,000
Table 4: Wallaroo kangaroo populations and triggers
Population Low since 2000 Current Estimate (2008)
Zone, Armidale Population, 30,000 Density, 2.1 year, 2001 population, 40,000 Density, 2.3 trigger, 30,000
Glen Innes 30,000 1.5 2007 30,000 1.5 30,000
Upper Hunter 40,000 3.1 2007 40,000 3.1 40,000
(b) Performance Indicator 13.1 of Action 13 of the Plan (T14, p 153) be amended to read:
Sudden or acute changes in the average weights of harvested kangaroos, as ascertained from licence returns, are investigated to determine where practicable the cause of the change. If the average carcase weight for a particular species in a particular zone (male or female separately) is more than one standard deviation below the long-term average (at least the last ten years) for three successive months, DECC will undertake investigations to determine where practicable the cause of the change. For example, DECC may conduct smaller scale aerial population surveys, conduct ground based population surveys or autopsy kangaroo carcases if disease is a suspected cause of the change. If DECC considers action is necessary to ensure the sustainability of the kangaroo population, it will reduce or suspend the commercial harvest for that species in that zone.
I certify that the 3 preceding paragraphs are a true copy of the reasons for the decision herein of Deputy President
P E Hack SC and Dr T J Hawcroft, Member:
Signed:
.............................Signed......................................
Jacqueline Woods, Associate |
