Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| 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 - Wildlife - Territory Parks and Wildlife Conservation Act 1977 (NT) | Territory Parks and Wildlife Conservation Act 1977 |
An Act to make provision for and in relation to the establishment of Territory Parks and other Parks and Reserves and the study, protection, conservation and sustainable utilisation of wildlife. |
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 | ||
| AU - Exhibited Animals Protection Act 1986 (NSW) | Exhibited Animals Protection Act 1986 |
This Act deals with the exhibition of animals at marine or zoological parks, circuses and other places. It regulates the exhibition of all vertebrate animals in zoos, circuses or mobile displays regardless of whether they are native, exotic or domestic.
A person must have an approval to keep and exhibit an animal, and this is subject to qualifications, experience or any other term or condition that may be considered necessary |
Statute | ||
| AU - Cruelty - Queensland Animal Care and Protection Regulation 2002 | This regulation implements the Animal Care and Protection Act 2001; it contains the codes of practice to be observed for securing animal welfare. | Statute | |||
| 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 | |
| Animal Liberation Ltd v National Parks & Wildlife Service | [2003] NSWSC 457 |
The applicants sought an interlocutory injunction to restrain the respondent from conducting an aerial shooting of goats as part of a 'cull'. The applicants claimed that the aerial shooting constituted cruelty as the goats, once wounded, would die a slow death. An injunction was granted to the applicants pending final hearing of the substantive action against the aerial shooting. |
Case | ||
| AU - Wildlife - Wildlife Act 1975 (VIC) | Wildlife Act 1975 |
The purposes of this Act are to establish procedures in order to promote: the protection and conservation of wildlife; the prevention of taxa of wildlife from becoming extinct; the sustainable use of and access to wildlife; and to prohibit and regulate the conduct of persons engaged in activities concerning or related to wildlife |
Statute | ||
| RSPCA v O'Loughlan | [2007] SASC 113 |
The appellant, the RSPCA, relied on the fact that a horse, once in RSPCA care, had a significantly improved condition in comparison to that described as 'emaciated' while in the respondent's care. The respondent claimed that the horse's condition fluctuated depending on the presence of mares in heat during summer and that she had tried several changes to the feed to counter a loss in weight. On appeal, the appellate judge did not disturb the trial judge's finding and confirmed that the respondent's conduct was reasonable in the circumstances. |
Case |