By John Taberner, Mark Dwyer, Tim Power, Tony van Merwyk and Michael Back
Introduction
The Federal Court considered various aspects of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) in 2003. Although this publication summarised case briefs at the time of the hearings, it now seems an appropriate time to recap on the key jurisprudence that is beginning to emerge regarding the EPBC Act and developments which will need to be closely monitored in the new year.
Humane Society International Inc v Minister for the Environment & Heritage
[2003] FCA
64 (12 February 2003)
In Humane Society International Inc v Minister for the Environment & Heritage, outlined in the May 2003 edition of Environment Quarterly, the Federal Court considered the validity of the Administrative Guidelines on Significance: Supplement for the Grey-headed Flying-fox and the Administrative Guidelines on Significance: Supplement for the Spectacled Flying-fox (Guidelines). The