Wildlife Protection Association of Australia Inc. and Minister for the Environment, Heritage and the Arts and Director-General of the Department of Environment and Climate Change (NSW) (Joined Party)

[2008] AATA 1079

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2008] AATA 1079

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2007/0535

GENERAL ADMINISTRATIVE DIVISION		)
Re		WILDLIFE PROTECTION ASSOCIATION OF AUSTRALIA INC.

Applicant

And MINISTER FOR THE ENVIRONMENT, HERITAGE AND THE ARTS

Respondent

And DIRECTOR-GENERAL OF THE DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE (NSW)

Joined Party

DECISION

Tribunal Deputy President P E Hack SC and Dr T J Hawcroft, Member

Date2 December 2008  

PlaceBrisbane

Decision The Tribunal varies the decision under review in the manner set out in paragraph [3] of the reasons.

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

Deputy President

CATCHWORDS

ENVIRONMENT – wildlife protection – New South Wales Commercial Kangaroo Harvest Management Plan 2007-2011 – decision under review varied  

REASONS FOR DECISION

2 December 2008 Deputy President P E Hack SC and Dr T J Hawcroft, Member                  

1.The substantive and procedural background to this matter is set out in our earlier reasons for decision[1] and we need not recite that detail. It will suffice for present purposes to note that in the latter reasons we directed the joined party, in consultation with interested parties, to formulate a variation to the “New South Wales Commercial Kangaroo Harvest Management Plan” (the Plan) to deal with concerns that we had with the Plan as formulated.

[1] See [2008] AATA 717 and [2008] AATA 846

2.The joined party has done so. The Minister supports the variations proposed. No response to what is proposed has been received from, or on behalf of the applicant.

3.We are satisfied that what is proposed deals appropriately with our concerns and accordingly we would vary the decision under review in the following respects:

(a)The Plan be varied to include a new action under Aim 4 of the Plan (T14, p 151) which would read:

ACTION 10A: If kangaroo populations decline to specific trigger points, the commercial harvest of particular species in particular zones will be suspended.

For management zones with annual aerial surveys:

(a)Following the aerial survey (August, year 0) if the population is less than the trigger point, the allocation of commercial harvest tags for the relevant species in the relevant zone will be suspended. Current licences authorising the harvest of the species in the zone will be allowed to continue until expiry. Four months would be the maximum time harvesting would continue (i.e December, year 0) because occupier’s licences are only valid for four month periods.

(b)If the next survey (August, year 1) indicates that the population has not increased           above the trigger point, the commercial harvest will remain suspended. However, if the year 1 survey indicates that the population has increased above the trigger point, the commercial harvest will be recommenced with a pro rata quota set at 10% of the new population estimate for the remainder of that calendar year and the start of the next year.

(c)If the next survey (August, year 2) indicates that the population has further           increased, a pro rata quota set at 10% of the new population estimate will be set for the remainder of the calendar year. At the commencement of the following calendar year (January, year 3) the quota will be set in the normal manner. If the year 2 survey indicates that the population is above the trigger point but has not further increased, the commercial harvest will continue with a pro rata quota set of 10% of the population until the next survey (August, year 3). If the year 2 survey indicates that the population is below the trigger point, the commercial        harvest would be re-suspended as set out in (a) above.

The same principles will apply to management zones that are surveyed on a three yearly cycle. However, where the population estimate is below the trigger point or above the trigger point but still low, DECC may undertake additional surveys before the next scheduled three year survey in order to monitor the population. This may enable the commercial harvest to be recommenced as set out in (b) and (c) above.

The following tables show the specific proposed trigger points for each species and each zone. The populations and trigger points are rounded to the nearest 10,000.

Table 1: Red kangaroo populations and triggers

Population Low since 2000			Current Estimate (2008)		Trigger Population
Zone	Population	Density	Year	Population		Density
Tibooburra	360,000	6.6	2006	610,000	11.1	360,000
Broken Hill	540,000	5.9	2005	1,190,000	13.1	540,000
Lower Darling	110,000	2	2006	250,000	4.5	110,000
Cobar	90,000	2.1	2007	160,000	3.9	90,000
Bourke	140,000	2.6	2007	140,000	2.6	140,000
Narrabri	120,000	1.8	2007	130,000	1.9	120,000
Coonabarabran	140,000	2.2	2005	170,000	2.7	140,000
Griffith	210,000	2.2	2004	230,000	2.3	210,000

Table 2: Eastern grey kangaroo populations and triggers

Population Low since 2000			Current Estimate (2008)		Trigger Population
Zone	Population	Density	Year	Population		Density
Tibooburra	40,000	0.6	2005	70,000	1.3	40,000
Broken Hill	70,000	0.8	2005	190,000	2.1	70,000
Lower Darling	40,000	0.7	2005	120,000	2.2	40,000
Cobar	70,000	1.8	2006	120,000	3	70,000
Bourke	70,000	1.3	2006	110,000	1.9	70,000
Narrabri	370,000	5.6	2004	510,000	7.8	370,000
Coonabarabran	500,000	8.1	2007	510,000	8.2	500,000
Griffith	500,000	5.1	2007	530,000	5.4	500,000
Armidale	140,000	8.7	2007	140,000	8.7	140,000
Glen Innes	150,000	8.1	2004	240,000	11.3	150,000
Upper Hunter	70,000	4.8	2004	90,000	6.3	70,000
SE NSW	290,000	12	2003	420,000	14.1	290,000

Table 3: Western grey kangaroo populations and triggers

Population Low since 2000			Current Estimate (2008)		Trigger Population
Zone	Population	Density	Year	Population		Density
Tibooburra	20,000	0.3	2004	20,000	0.4	20,000
Broken Hill	100,000	1.1	2005	250,000	2.7	100,000
Lower Darling	70,000	1.3	2005	250,000	4.3	70,000
Cobar	130,000	3.3	2006	230,000	5.7	130,000
Bourke	40,000	0.7	2006	50,000	0.9	40,000
Narrabri	Minimal numbers - no commercial quota set
Coonabarabran	70,000	1.1	2007	80,000	1.3	70,000
Griffith	70,000	0.7	2007	110,000	1.1	70,000

Table 4: Wallaroo kangaroo populations and triggers

Population Low since 2000			Current Estimate (2008)		Trigger Population
Zone	Population	Density	Year	Population	Density
Armidale	30,000	2.1	2001	40,000	2.3	30,000
Glen Innes	30,000	1.5	2007	30,000	1.5	30,000
Upper Hunter	40,000	3.1	2007	40,000	3.1	40,000

(b)Performance Indicator 13.1 of Action 13 of the Plan (T14, p 153) be amended to read:

Sudden or acute changes in the average weights of harvested kangaroos, as ascertained from licence returns, are investigated to determine where practicable the cause of the change.

If the average carcase weight for a particular species in a particular zone (male or female separately) is more than one standard deviation below the long-term average (at least the last ten years) for three successive months, DECC will undertake investigations to determine where practicable the cause of the change. For example, DECC may conduct smaller scale aerial population surveys, conduct ground based population surveys or autopsy kangaroo carcases if disease is a suspected cause of the change. If DECC considers action is necessary to ensure the sustainability of the kangaroo population, it will reduce or suspend the commercial harvest for that species in that zone.

I certify that the 3 preceding paragraphs are a true copy of the reasons for the decision herein of Deputy President P E Hack SC and Dr T J Hawcroft, Member:

Signed:         .............................Signed......................................
  Jacqueline Woods, Associate