The Wildlife Protection Association of Australia Inc and Minister for Environment and Water Resources, Australian Wildlife Protection Council Inc, Animals Australia, Flinders Council (Parties Joined)

[2007] AATA 1091

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2007] AATA 1091

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2005/800

GENERAL ADMINISTRATIVE DIVISION

)

Re

THE WILDLIFE PROTECTION ASSOCIATION OF AUSTRALIA INC.

Applicant

And

MINISTER FOR ENVIRONMENT AND WATER RESOURCES

  Respondent

AndAUSTRALIAN WILDLIFE PROTECTION COUNCIL INC.

First Joined Party      

AndANIMALS AUSTRALIA

Second Joined Party

AndFLINDERS COUNCIL

Third Joined Party

DECISION

Tribunal	Deputy President P E Hack SC, Dr E K Christie, Member and Dr T J Hawcroft, Member
Date	28 February 2007

PlaceBrisbane

Decision

The Tribunal varies the decisions under review such that:
(a) The Wildlife Trade Management Plan for the Commercial Harvest of Bennett’s Wallabies and Tasmanian Pademelons of Flinders Island, Tasmania – 2005 to 2010; and
(b) The Wildlife Trade Management Plan for the Commercial Harvest of Bennett’s Wallabies on King Island, Tasmania – 2005 to 2010;

are each amended such that they are to include a system for the recording and monitoring of the sex and estimated age of all animals commercially harvested under the Plans.

The Tribunal notes that the system adopted for recording and monitoring the sex and estimated age of the commercially harvested animals, pursuant to the Tribunal’s reasons for decision, will be designed and implemented by the Tasmanian Department of Primary Industries and Water following consultation with the active parties to these proceedings, the commercial harvesters and the abattoir operators.

...............Signed............

Deputy President

CATCHWORDS

ENVIRONMENT – wildlife protection – Wildlife Trade Management Plan for the Commercial Harvest of Bennett’s wallabies and Tasmanian pademelons on Flinders Island, Tasmania 2005-2010 – Wildlife Trade Management Plan for the Commercial Harvest of Bennett’s wallabies on King Island, Tasmania 2005-2010 – management plans be amended to include requirement that age and sex class of harvested populations be recorded - Tribunal varies the decision under review

REASONS FOR DECISION

28 February 2007  Deputy President P E Hack SC, Dr E K Christie, Member and Dr T J Hawcroft, Member      

1. On 10 November 2006 we published our reasons for concluding that the management plans, subject of this application, ought be amended in one respect but was otherwise appropriate. On that day the matter was adjourned:

   “to a date to be fixed to enable the parties to consider and agree, if possible, the form of amendment to the management plans required to give effect to these reasons.’

2. The solicitors for the respondent Minister have propounded a form of words to give effect to our reasons. They propose a decision in these terms:

   “The Tribunal directs that the decisions under review be varied as follows:

   (a) The Wildlife Trade Management Plan for the Commercial Harvest of Bennett’s Wallabies and Tasmanian Pademelons of Flinders Island, Tasmania – 2005 to 2010; and

   (b) The Wildlife Trade Management Plan for the Commercial Harvest of Bennett’s Wallabies on King Island, Tasmania – 2005 to 2010;

   be amended such that they are to include a system for the recording and monitoring of the sex and estimated age of all animals commercially harvested under the Plans.

   The Tribunal notes that the system adopted for recording and monitoring the sex and estimated age of the commercially harvested animals, pursuant to the Tribunal’s reasons for decision, will be designed and implemented by the Department of Primary Industries and Water following consultation with the affected stakeholders, such as the respondent, the commercial harvesters and the abattoir operators.”

3. The solicitors forwarded correspondence to all other parties to the proceedings on 23 January 2007 setting out the terms of the decision proposed and seeking the views of the parties on the appropriateness of the suggested terms of the decision.

4. Two responses have been received – one from the applicant, The Wildlife Protection of Australia Inc. in a letter dated 2 February 2007 and the other from the first joined party, The Australian Wildlife Protection Council Inc. in the form of an email dated 2 February 2007.

5. The applicant’s response does not put in issue the terms of the decision proposed but does take issue with the reliability of the monitoring proposed. It is, in terms, critical of the way in which State Governments monitor matters such as these.

6. The response from the first joined party also does not take issue with the terms of the decision proposed although the opposition of that organisation to any commercial harvesting is reiterated.

7. Whilst the attitude taken by the applicant and the first joined party is understandable, it seems to us, with respect, that the matters they raise do not go to the appropriateness of the amendments that ought to be made to the plans. There is nothing before us, beyond the applicant’s assertion, which would suggest that the Tasmanian Department of Primary Industries and Water would do other than undertake the monitoring in an appropriate and professional way. We would expect that the Department and its officers appreciate the gravity of the situation and to approach their task with diligence in consultation with affected stakeholders including the parties who participated in the hearing of the proceedings.

8. In our view the terms of the decision proposed are appropriate (subject to some minor drafting amendments) to give effect to the conclusions that we reached in our earlier reason.

9. Accordingly we would make a decision based on the terms proposed.

I certify that the 9 preceding paragraphs are a true copy of the reasons for the decision herein of Deputy President P E Hack SC, Dr E K Christie, Member and Dr T J Hawcroft, Member.

Signed:         .........................Signed.........................................
  Associate:  Eleanor O’Gorman