Lord Howe Island First Peoples Association and Australian Pesticides & Veterinary Medicines Authority

The Administrative Appeals Tribunal considered a dispute between the Lord Howe Island First Peoples Association and the Australian Pesticides and Veterinary Medicines Authority concerning a proposal to eradicate rats on Lord Howe Island using the chemical brodifacoum.

The Tribunal was required to determine whether it had jurisdiction to review certain aspects of the permit issued by the Authority, particularly in light of the expedited nature of the hearing and the specific limitations on the Tribunal's review powers.

Deputy President B W Rayment Oam Qc P found that the Tribunal's jurisdiction was indeed limited in certain respects. However, after considering the evidence and submissions, the Tribunal set aside the original decision under review and substituted it with its own decision.