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Nicholls v. Director-General of National Parks and Wildlife Service and others

Country/Territory
Australia
Type of court
Others
Date
Sep 29, 1994
Source
UNEP, InforMEA
Court name
Land and Environment Court of New South Wales
Judge
Talbot
Reference number
81 LGERA 397
Language
English
Subject
Wild species & ecosystems
Keyword
Protected animal species EIA Precautionary principle
Abstract
The Applicant appealed against the decision of the Director General of the National Wildlife Service under Section 92C of the National Park and Wildlife Act 1974, to grant a licence under Section 120 of that Act to the Forestry Commission of New South Wales to take or kill any protected fauna in the course of carrying out forestry operations within the Wingham Management Area. The Court held that the Fauna Impact Statement on the whole contained information to the extent required by Section 92D of the National Park and Wildlife Act 1974. While expressing concern for the workability of the precautionary principle, it was, the court said, “a practical approach which the court finds axiomatic in dealing with environmental assessment.”
Full text
Jud.Dec.Nat.pre.pdf
Available in
UNEP/UNDP/Dutch Government Joint Project on Environmental Law in Africa, Compendium of Judicial Decisions on Matters related to Environment, National Decisions, Volume I, Page 349

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