Booth v Bosworth [2001] FCA 1453

Booth v Bosworth [2001] FCA 1453

The operation of the electric grid resulted in the death of approximately 18,000 Spectacled Flying Foxes during the lychee season, a number amounting to about 20% of the adult female population and likely to have a significant impact on the species, contributing to a foreseeable dramatic decline and endangerment. Given that the Spectacled Flying Fox contributes to the world heritage values of the Wet Tropics World Heritage Area, its substantial loss constitutes a significant impact on those values under s 12 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). The applicants are entitled to a prohibitory injunction restraining the respondents from further operation...

Jurisdiction
Australia
Judgment Date
22 November 2001
Procedural Posture
Application for Prohibitory Injunction Under Environment Protection and Biodiversity Conservation Act 1999 (cth) / Judgment and Reasons for Decision
Outcome
Prohibitory injunction conditionally granted, demolition order refused.
Legal Topics
['world Heritage Protection' 'prohibitory Injunctions' 'significant Impact on Biodiversity' 'burden of Proof' 'jones V Dunkel Inference']
['environmental Law'] ['world Heritage Protection' 'prohibitory Injunctions' 'significant Impact on Biodiversity' 'burden of Proof' 'jones V Dunkel Inference']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Prohibitory Injunction Under Environment Protection and Biodiversity Conservation Act 1999 (cth) / Judgment and Reasons for Decision

Legal Issues

  1. 1 ["Whether operation of the respondents' electric grid is likely to have a significant impact on the world heritage values of the Wet Tropics World Heritage Area" 'Whether the Spectacled Flying Fox is part of the natural heritage of the Wet Tropics World Heritage Area' 'Whether the loss of a single species can constitute a significant impact on world heritage values']

Ratio Decidendi

The operation of the electric grid resulted in the death of approximately 18,000 Spectacled Flying Foxes during the lychee season, a number amounting to about 20% of the adult female population and likely to have a significant impact on the species, contributing to a foreseeable dramatic decline and endangerment. Given that the Spectacled Flying Fox contributes to the world heritage values of the Wet Tropics World Heritage Area, its substantial loss constitutes a significant impact on those values under s 12 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). The applicants are entitled to a prohibitory injunction restraining the respondents from further operation...

Court Disposition

Prohibitory injunction conditionally granted, demolition order refused.

Orders

  • ['Respondents to file and serve short minutes of order reflecting these reasons for decision by no later than 24 October 2001.' 'If no agreement is reached, applicant may file short minutes of order in opposition by 26 October 2001.' 'Each party has liberty on forty-eight hours notice to apply to have the proceeding...