Late in 2005, a judge in the Planning & Environment Court dismissed a case brought by Dr Booth against a fruit grower for electrocuting flying foxes. The grower admitted in court to killing thousands of flying foxes without any permit from the Environmental Protection Agency (EPA), but the judge decided that this was allowed under the Nature Conservation Act.

On legal advice that the judge made numerous legal errors in his judgement, Dr Booth has decided to take the case to the Court of Appeal. The case will be heard on 27 February 2006 before three judges. Dr Booth's case is being argued by barristers Stephen Keim SC and Chris McGrath and solicitors Jo Bragg and Larissa Waters from the Environmental Defenders Office Qld.

Why this case is important

• First time interpretation. This case is an appeal against the judgement in the first ever use of third party rights under the Nature Conservation Act. It will require the court to interpret key provisions for the first time.
• Strengthens wildlife laws. If the case is decided in Dr Booth's favour, it could strengthen the use of wildlife laws and clarify when people are responsible for the death or harm of wildlife.
• State's rights and wildlife rights. The case is also important to preserve the capacity of the State to regulate the killing of wildlife as the judgement in the first case greatly undermined this capacity.

What could go wrong

This judgement, if left unchallenged, will severely limit the protection afforded to all wildlife protected in Queensland under the Nature Conservation Act 1992. This protection was only afforded in 2003 thanks to a decision by the judge in charge of an earlier similar case in which a lychee farmer was prevented from electrocuting endangered spectacled flying foxes in the North Queensland Wet Tropics.

Donate

Dr Carol Booth, well-known wildlife advocate, has asked for donations from the public to help fund an appeal in the legal battle to overturn an a judge's decision that, if left unchallenged, will support the widespread and large-scale killing of flying foxes and other wildlife.

Funds are needed to pay for court fees, barristers' fees and transcripts. Most legal services for the case have been supplied free by the Queensland Environmental Defenders Office. You can help support this case by donating...

• online through the Environmental Defenders Office
• by cheque to the Environmental Defenders Office. Send to EDO, 9th Floor, 193 North Quay, Brisbane 4000. Please note on the donation that you 'prefer the donation to be spent for the bat case'.

More information on this case

More information on flying foxes

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