Catchwords

ANIMALS – VARIOUS STATUTORY PROVISIONS – PROTECTION OF FAUNA AND GAME LAWS ¬– OFFENCES – QUEENSLAND – TAKING OR KEEPING FAUNA – where the respondents sought to keep flying foxes away from their lychee orchard using an electric grid system – where earlier versions of the electric grids had caused the death of flying foxes – where the applicant/appellant argued that the operation of the grids contravened s 88 of the Nature Conservation Act 1992 (Qld) – where the applicant/appellant brought proceedings in the Planning and Environment Court seeking orders to restrain the use of the electric grids – where the lower court dismissed the application – where limited leave to appeal was granted in relation to the proper interpretation of s 88(3) of the Nature Conservation Act 1992 (Qld) – whether the words in s 88(3)(a) “not directed towards the taking” should be interpreted to provide a defence where the taking of a protected animal was unintended or unintentional

APPEAL COSTS FUND – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – WHEN GRANTED ¬– where the appeal involved the interpretation of s 88(3) of the Nature Conservation Act 1992 ¬– where the interpretation of this section has not been the subject of any previous decision of this court ¬– where the interpretation of s 88(3) does not precisely accord with any of the respective arguments – whether it is appropriate that the respondents be indemnified from the Appeal Costs Fund for costs payable to the applicant/appellant