Flying Fox Case

The Flying Fox Case involved an application for an injunction in the Federal Court of Australia under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) to restrain the killing of thousands of flying foxes on a lychee farm in North Queensland using a large electric grid.

Key documents for this case are:

• The Application and Statement of Claim;

• Applicant's outline of submissions for an interim injunction;

• Judgment refusing an interim injunction by Spender J: Booth v Bosworth [2000] FCA 1878;

• Applicant's outline of submissions and submissions in reply for final injunction and order to dismantle grid;

• Judgment granting a final injunction by Branson J: Booth v Bosworth [2001] FCA 1453;

• Judgment granting costs by Branson J: Booth v Bosworth [2001] FCA 1718.

After Branson J granted the injunction restraining the operation of the electric grid the farmers applied for the Minister's approval under the EPBC Act to kill "approximately 5,500 Spectacled flying foxes" in the 2002 lychee season. The application was refused.

Key documents for the referral are:

• Minister's decision that the proposed action was a controlled action requiring approval under the EPBC Act;

• Public submission by Dr Carol Booth on why approval should be refused (Nb. This is an example of a well written public submission - it is clear, logical, relevant to the issues the decision-maker must consider, and based on evidence rather than an emotional plea);

• Minister's decision to refuse the proposed action.

In 2004 one of the farmers applied to the Federal Court to have the injunction removed. That application was refused: Bosworth v Booth [2004] FCA 1623. An appeal against that decision was also refused.

An article explaining the background to this case and its significance is available here.

Page photo: "Stephen", a juvenile Spectacled Flying Fox, by Dr Carol Booth, 2001. This flying fox was found on the farm against which the case was brought. It was found clinging to its dead mother (which had been electrocuted). After a period of recovery it was released back into the wild.