Results

The respondent Minister made declarations under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) that particular plans relating to Bennett's wallabies and Tasmanian pademelons were approved wildlife trade management plans. The applicant questioned whether the plans permitted the inhumane hunting of wallabies and treatment of joeys as well as the basis upon which the quotas were derived. The tribunal found both matters satisfactorily addressed though further monitoring measures were deemed to be prudent.

The Companion Animals Act, came into effect in September 1998. The Act is designed to benefit pets, their owners and the wider community. Part two of the Act provides for the permanent identification and lifetime registration system which came into effect on 1 July 1999. This was designed to greatly assists authorities in returning lost and injured animals to their owners. It provides NSW councils with a more effective means of keeping track of dogs and cats for the benefit of the wider community. The Act also outlines the requirements when a person is the owner of a ‘controlled dog’ or dangerous breed as well as giving the courts and local councils the ability under legislation to declare a dog ‘dangerous’. The Act also covers nuisance dogs and situations where a dog attack has occurred and the civil liability of dog owners.

An Inspector of the RSPCA entered premises occupied by the respondent and seized 104 dogs under the Animal Care and Protection Act 2001 which were then forfeited to the state. These actions were confirmed when the respondent sought an administrative review of the decisions and leave to appeal was refused. The respondent sought to raise numerous grounds of appeal against the prior refusal of leave to appeal, however, the appeal was struck out.