Case Studies

The following case studies are featured on this site involving litigation in the Federal Court of Australia, Queenland Planning and Environment Court, and other courts and tribunals.

Federal Court of Australia

  • The Flying Fox Case involved an application for an injunction to restrain the killing of thousands of flying foxes. The case was heard in the Federal Court in 2000-2001 and was the first test of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) ("EPBC Act ").
  • The Nathan Dam Case involved a judicial review application and an appeal against a decision involving a proposed large dam in central Queensland. The case was heard in the Federal Court. It was a major test case for environmental impact assessment under the EPBC Act and established that direct and indirect impacts of an action are relevant when assessing the impacts of actions under the Act.
  • The Japanese Whaling Case involved an application for a declaration and an injunction in the Federal Court under the EPBC Act to restrain Japanese whaling in the Australian Whale Sanctuary adjacent to Antarctica.
  • The Wildlife Whitsunday Case involved a judicial review application in the Federal Court against decisions under the EPBC Act involving the greenhouse gas emissions from two large coal mines in Queensland.
  • The Anvil Hill Case involved a judicial review application in the Federal Court against a decision under the EPBC Act concerning greenhouse gas emissions from a large coal mine in New South Wales, known as the Anvil Hill Project.
  • The Paradise Dam Case involves a current application in the Federal Court for a declaration and an injunction to restrain an alleged breach of a condition of approval under the EPBC Act for a large dam in Queensland.

Queensland Planning and Environment Court

  • The Cassowary Case involved an appeal in the Planning and Environment Court under the Integrated Planning Act 1997 (Qld) concerning the impacts of a proposed rural residential subdivision on cassowary habitat.
  • The Donnybrook Sand Mine Case involved an appeal in the Planning and Environment Court about a large sand mine adjacent to a Ramsar Wetland.
  • The Frippery Case involved an application under the Nature Conservation Act 1992 (Qld) to restrain the electrocution of flying-foxes. Two trials were heard in the Planning and Environment Court and two appeals were made to the Queensland Court of Appeal.
  • The Yardley Case involved another application under the Nature Conservation Act 1992 (Qld) in the Planning and Environment Court to restrain the electrocution of flying-foxes.

Queensland Land and Resources Tribunal

  • The Xstrata Newlands Coal Mine expansion case involved an objection in the Queensland Land and Resources Tribunal (LRT) against the greenhouse gas emissions from the mining, transport and use of coal from a large open cut coal mine in Queensland.
  • The Sonoma Coal Mine Case involved an objection in the LRT against the greenhoues emissions from the mining, transport and use of coal from a large open cut coal mine in Queensland.

Land Court of Queensland

  • The Khyber Case involved an appeal to the Land Court of Queensland by a landholder against refusal of a tree clearing permit under the Land Act 1994 (Qld) for a pastoral property known as "Khyber". Applications for broadscale clearing such as involved in this appeal are no longer possible due to the phase-out of broadscale land clearing in Queensland in 2006. This case study is provided to explain and illustrate the operation of the concepts involved in Queensland's vegetation management system in practice.

District Court of Queensland

  • R v Boyle involved a prosecution and sentencing of a serious environmental crime in the District Court of Queensland. The facts involved clearing of a large swath of a national park by a grazier to allow ease of movement of his cattle between paddocks.

NSW Local Court

  • EPA v Feodoroff involved a summary criminal prosecution and sentencing for a relatively minor environmental offence in the NSW Local Court at Ballina. The case also involved a dispute on costs.

Links to other case studies

A further, useful case study of the Wielangta Appeal by Senator Bob Brown is available http://www.on-trial.info/. In that case the Federal Court granted an injunction against forestry operations in Tasmania found to be having a significant impact on threatened species in breach of the EPBC Act. The decision was overturned on appeal. As is done on this website, the case study provides relevant court documents, transcripts and the closing submissions of the parties.

Page photo: Story of Frippery Case from Townsville Bulletin newspaper on 6 September 2005.