This case resulted in an injunction under the Environment Protection Biodiversity Conservation Act 1999 (Cth) which prevented the killing of large numbers of Flying Foxes which resided in the Wet Tropics World Heritage area in Queensland. It resulted in the prevention of the killing of wildlife.

• Dr Booth applied to the Federal Court for an injunction to prevent the respondent from killing Spectacled Flying Foxes.
• The respondent was killing thousands of the Flying Foxes at their orchard at Dallachy Creek, Queensland, by means of electric grids suspended above the orchard.
• The case was an early test of the provisions in the Environment Protection Biodiversity Conservation Act 1999 (Cth) for protection of matters of National Environmental Significance.
• Dr Booth sought an injunction for contravention of s475 of the Environment Protection Biodiversity Conservation Act 1999 (Cth) to restrain the killing of Spectacled Flying Foxes.

The Federal Court found that there was likely to be a significant impact on the World Heritage values of the Wet Tropics World Heritage Area. A conditional injunction was granted; this restrained the use of the electric grid to kill wildlife, but did not order the grid to be demolished.

• The full decision is available on Austlii

The above decision did not end the matter. In 2002 the respondents (the farmers affected by the injunction) unsuccessfully applied to the Commonwealth Minister for Environment and Heritage under the EPBC Act seeking approval of the killing of Flying Foxes using the electric grid.

Finally, in 2004 one of the farmers affected by the injunction unsuccessfully requested the Federal Court remove the injunction.

• The first decision is available on Austlii

• The unsuccessful application to have the injunction removed is also available on Austlii

• Environemtnal Law Publishing - summary of Flying Fox Case