Jacaru Pty Ltd and Minister for the Environment

This matter concerned an application by Jacaru Pty Ltd for export permits for regulated native specimens, which had been refused by the Minister for the Environment. The dispute before the Tribunal was whether the discretion to grant these permits should be exercised in favour of the applicant, specifically concerning applications WT2020-002304 and WT2020-002569, and not the prior decisions to cancel existing permits.

The primary legal issue before the Tribunal was whether the applicant's history of non-compliance with the statutory scheme, as contemplated by sections 303CG(3)(a) and 303DG(4)(a) of the relevant Act, and the objects of Part 13A, precluded the exercise of discretion to grant the requested permits. The Tribunal was required to determine if past contraventions automatically barred a permit application or if discretion remained, and if so, what considerations were relevant to its exercise.

The Tribunal reasoned that while past non-compliance was a relevant consideration, it did not constitute an automatic bar to the granting of a permit under the provisions of Part 13A. The court noted that sections 303CG(3) and 303DG(4) did not mandate refusal in such circumstances. Instead, the decision-maker, and on review, the Tribunal, was required to consider all relevant factors and weigh them to determine if the discretion to issue a permit should be exercised. The Tribunal agreed with the submission that the discretion was not confined solely to the criteria within those sections but was also subject to the overall scope and objects of the Act.

Ultimately, the Tribunal substituted the decisions under review and issued CITES Multiple Consignment Authorities to the applicant for the specified applications. However, the matters were remitted to the Respondent for consideration of appropriate conditions to be imposed on the permits pursuant to section 303GE.