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

Country/Territory
Australia
Type of court
Others
Date
Nov 21, 2008
Source
UNEP, InforMEA
Court name
Administrative Appeals Tribunal
Seat of court
Sydney
Judge
Kelly.
Reference number
[2008] AATA 1047
Language
English
Subject
Wild species & ecosystems, Legal questions
Keyword
Protected fish species Protected plant species Protection of species Protected animal species
Abstract
Ms Ashleigh Zapirain has owned fourteen Galahs (Cacatua roseicapalla) and six Rosellas (Platycercus eximius) (the birds) since about 2001. The birds are family pets. In April or May 2008, Ms Zapirain and her family moved back to the United Kingdom from Australia because of Ms Zapirain's ill health. On 30 August 2007 Ms Zapirain had applied to the Minister for the Environment, Heritage and the Arts (the Minister) for a permit under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) to export the birds to the United Kingdom. On 14 November 2007 the Minister’s delegate refused to grant a permit, and Ms Zapirain has applied for the review of that decision. The Tribunal found there was no evidence relating to the birds' health or welfare to support a conclusion that special circumstances existed, and affirmed the decision to refuse a permit.
Full text
COU-156681.pdf