Animal Liberation Act v Conservator of Flora and Fauna

Animal Liberation Act sought review of eight decisions made by the Conservator of Flora and Fauna to grant licences for the culling of kangaroos. The licences were issued to allow the killing of approximately 1,606 eastern grey kangaroos in eight nature reserves in the ACT. The application for review was brought under section 104(1)(a) of the Nature Conservation Act 1980. The Tribunal was required to decide whether the decisions to grant the licences were made in accordance with the relevant legislation and whether the decisions were based on relevant and sufficient evidence. The Tribunal also considered whether alternatives to culling had been considered and whether the decisions adequately addressed animal welfare concerns.

The Tribunal found that the decisions to grant the licences were made in accordance with the relevant legislation and were based on relevant and sufficient evidence. The Tribunal accepted the evidence of the respondent's experts that the kangaroo population in the reserves needed to be reduced to prevent overgrazing and degradation of the endangered ecological communities. The Tribunal also found that alternatives to culling, such as translocation and fertility control, were not viable at this stage. The Tribunal was satisfied that the licensing conditions and monitoring arrangements in place demonstrated a high awareness of animal welfare concerns. The Tribunal found that the decisions to grant the licences were the correct and preferable ones having regard to all the evidence put before it during the hearing.

The Tribunal ordered that the decisions of the Conservator of Flora and Fauna to grant the licences be confirmed and that the applicant's application for review be dismissed. The Tribunal also revoked the stay on operation of the licences until further order on 3 June 2014.