Director-General of the Department of Environment, Climate Change and Water v Walker Corporation Pty Ltd (No 2)

Walker Corporation Pty Ltd was prosecuted by the Director-General of the Department of Environment, Climate Change and Water for an offence under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). The dispute arose from an incident where the defendant allegedly breached a condition of its approval to carry out activities that would result in the death of flying-foxes at its development site in northern New South Wales. The matter was heard by the Local Court of New South Wales.

The primary legal issue before the court was whether the defendant had contravened the condition of its approval by failing to take reasonable steps to avoid the death of flying-foxes. The court had to consider the meaning of the term "reasonable steps" in the context of the approval condition and whether the defendant had complied with it. The court also needed to determine whether the Director-General had established the offence beyond reasonable doubt.

The court found that the term "reasonable steps" in the approval condition required the defendant to take all practical measures to avoid the death of flying-foxes. The court held that the defendant had not taken reasonable steps to avoid the death of flying-foxes as it had failed to implement measures that were reasonably available and practicable to avoid the harm. The court found the defendant guilty of the offence as charged. The court ordered that the name of the prosecutor in the summons be amended to reflect the current Director-General. The proceedings were listed for a sentence hearing before the List Judge.