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Title Citation Alternate Citation Agency Citation Summary Type
Rural Export & Trading (WA) Pty Ltd v Hahnheuser (2009) 177 FCR 398 [2009] FCA 678

The respondent placed ham in food to be fed to sheep prior to live export. This action resulted in delay of live export and constituted a breach of the Trade Practices Act 1974 (Cth) without falling under the defence of 'environmental protection'. The second applicant was entitled to damages from the respondent falling under the following heads: purchasing sheep; transport; killing fees; processing fees; freezer storage fees; cost of resale; and travel expenses. The total loss was calculated at $72,873.73.

Case
Holland v Crisafulli [1998] QSC 199

A dog, on two separate occasions, entered residential premises, turned over a cage and killed a guinea pig. The applicant claimed that this was insufficient evidence for the dog to be declared 'dangerous'. The judge found that a dog's propensity to pursue one animal should not be distinguished from a propensity to pursue all animals and that the finding of the dog as 'dangerous' should stand.

Case
Re Wildlife Protection Association of Australia Inc. and Minister for the Environment, Heritage and the Arts [2004] AATA 1383

The Minister for the Environment approved plans for the 'harvesting' of Kangaroos in South Australia, Western Australia and Queensland. The Tribunal found that the killing of joeys, where the mother was also killed, was sanctioned by the Model Code relating to kangaroos and that any licences issued under the plans authorised those killings. The Tribunal found that the likelihood of compliance with the code, which stipulated the manner of killing of kangaroos, would be in the range of 95-99%. The Tribunal approved each of the plans but made a recommendation that future plans should involve a greater element of public consultation.

Case
AU - Livestock - Australian Meat and Live-stock Industry Act 1997 Act No. 206 of 1997

The purpose of this Act is to control meat and live-stock exports both within and outside Australia. 'Live-stock' includes cattle, calves, sheep, lambs and goats, however this definition is not exhaustive and may include other animals if prescribed. The Act covers export licences, quotas and enforcement. It also outlines the role of industry bodies and policies.

Statute
Inst. of Cetacean Research v. Sea Shepherd Conservation Soc. 725 F.3d 940 (9th Cir. 2013) 2013 A.M.C. 169513, Cal. Daily Op. Serv. 52422013, Daily Journal D.A.R. 6656 After the Institute was denied an injunction in the trial court, the Ninth Circuit Court of Appeals issued an injunction preventing Sea Shepherd from attacking any of the Institute’s vessels in any way and from coming within 500 yards of any Institute vessel operating in the open sea. Case
AU - Conservation and Land Management Act 1984 (WA) Conservation and Land Management Act 1984

An Act to make better provision for the use, protection and management of certain public lands and waters and the flora and fauna thereof, to establish authorities to be responsible therefor, and for incidental or connected purposes.

Statute
Australia - Kangaroos - Shooting for Commerical Purposes The National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes sets an achievable standard of humane conduct and is the minimum required of persons shooting kangaroos and wallabies. It has been produced to ensure that all persons intending to shoot free-living kangaroos or wallabies for commercial purposes undertake the shooting so that the animal is killed in a way that minimises pain and suffering. Statute
Re Wildlife Protection Association of Australia Inc. and Minister for the Environment, Heritage and the Arts (2008) 106 ALD 123 [2008] AATA 717

The Minister for the Environment declared the New South Wales Commercial Kangaroo Harvest Management Plan 2007-2011 to be an approved wildlife trade management plan within the meaning of the Environment Protection and Biodiversity Act 1999 (Cth). The Tribunal considered aspects of the plan including: ecological sustainability; conservation of biodiversity; humane treatment; response to environmental impact; precautionary principles; ethical research; and state legislation. The plan was ultimately approved by the Tribunal with a caveat that it include a trigger to suspend the 'harvest' if population levels dropped by 30% or over.

Case
Oshannessy v Heagney [1997] NSWSC 482

The case focuses primarily on the procedural requirements for stating a case. However, there is also discussion concerning what are the appropriate steps that a motor vehicle driver, who has hit and injured an animal with their vehicle, must take. In this case, the trial judge found that a refusal to stop and inspect the animal did not constitute a failure to take reasonable steps to alleviate that animal's pain.

Case
Australia - Anti Cruelty - POCTAA General Regulations 1996 POCTAA Regs cl Agency Citation This Regulation is the Prevention of Cruelty to Animals (General) Regulation 1996 for the Prevention of Cruelty to Animals Act (POCTAA) 1979.  The regulations may prescribe guidelines relating to the welfare of species of farm or companion animals. Compliance or failure to comply with guidelines prescribed by regulation under this section is admissible as evidence in proceedings relating to compliance or failure to comply with POCTAA or the regulations. Administrative

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