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Humane Society International Inc v Kyodo Senpaku Kaisha Ltd

Country/Territory
Australia
Type of court
National - higher court
Date
Jan 15, 2008
Source
UNEP, InforMEA
Court name
Federal Court of Australia
Seat of court
Canberra
Judge
Allsop J.
Reference number
[2008] FCA 3
Language
English
Subject
Wild species & ecosystems, Sea
Abstract

The conservation group, Humane Society International applied under s 475 of the of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) for injunctive relief and declarations in relation to whaling activities undertaken by the Japanese company, Kyodo Senpaku Kaisha Ltd in the waters of Australia’s exclusive economic zone around its Antarctic territory.

The Australian Whale Sanctuary (AWS) was established by s 225 of the EPBC Act, and ss 229–230 made it an offence to kill, injure, intentionally take or otherwise deal with a cetacean in the AWS. The respondent owned a number of ships engaging in the killing of whales in the AWS, pursuant to the Japanese Whaling Research Program Special Permit in the Antarctic (JARPA) issued under Art VIII of the International Convention for the Regulation of Whaling.

The applicant had commenced proceedings in 2004, and sought leave to serve the respondent out of the jurisdiction in Japan. That motion was dismissed as the Commonwealth Attorney General submitted to the Court that allowing the case to proceed would cause diplomatic tension. (Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2005] FCA 66).  The applicant then appealed this decision to the Full Federal Court, which allowed the appeal. (Humane Society International Inc v Kyodo Senpaku Kaisha Ltd (2006) 154 FCR 42).

The applicant attempted unsuccessfully to serve the respondent in Japan through diplomatic channel. Subsequently, HSI sought an order for substituted service. The Federal Court granted the application and HSI effected service on the company.

The respondent did not appear at the hearing and the Federal Court held that it was contravening the EPBC Act and the court made a declaration an injunction ordering the respondent be refrained from killing injuring, taking or interfering with three species of whale in the AWS unless permitted or authorised under the EPBC Act.

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