Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

Hand v Minister for the Environment, Heritage and the Arts.

Country/Territory
Australia
Type of court
Others
Date
Aug 25, 2008
Source
UNEP, InforMEA
Court name
Administrative Appeals Tribunal
Seat of court
Sydney
Judge
Kelly
Hawcroft.
Reference number
[2008] AATA 893
Language
English
Subject
Wild species & ecosystems, Legal questions
Keyword
Protected fish species Protected plant species Protection of species Protected animal species
Abstract
Dr Cynthia Hand is the owner of a Rainbow Lorikeet (Trichoglossus haematodus) named “Fred.” She acquired Fred while she was living in Western Australia and studying veterinary science. When Dr Hand left Australia in March 2007 and returned to her home in the United States of America she wished to take Fred with her. On 26 March 2007 Dr Hand applied to the Minister for the Environment, Heritage and the Arts for a permit under the Environment Protection and Biodiversity Conservation Act 1999, to export Fred to the United States. The Minister’s delegate refused to grant Dr Hand a permit on 11 May 2008. Dr Hand applied to this Tribunal for review of that decision. The rainbow lorikeet is both a "regulated native specimen", and also a "CITES specimen" under the Act. The Administrative Appeals Tribunal, though, determined that there were special circumstances relating primarily to the bird's neurological deficits and separation anxiety, such that a permit to export should be granted.
Full text
COU-156680.pdf