The reason I had heard that they weren't charged under EPBC is because of an
incorrect listing of the eastern subspecies' name. It is listed as P. a.
anthopeplus - the old name when the WA subspecies was called westralis, when
it should be P. a. monarchoides (with the WA being the nominate). The
listing is in the following link:
http://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=59612
There apparently was a worry that if they tried to file charges under this
act, that everyone would get off because there was a grey area in the
legislation.
Not certain if this is true, but it was what I heard from some locals in
Mildura.
Cheers,
Peter
From: "Simon Mustoe" <>
To:
Subject: RE: [Birding-Aus] killing of rare parrots
Date: Sat, 26 May 2007 09:20:06 +0000
What I can never understand is why no-one takes this up in the Federal
Courts. Under the EPBC Act, someone who takes and action that has, will
have or is likely to have a significant impact on a matter of national
environmental significance, is guilty of an offence if the take the action
and it has not been approved. Regent parrot is listed as such.
If I recall rightly, for corporations, this can mean up to $5million fines
and possibly 2 year prison sentences. By any account, the intentional
killing of 40 birds could be significant. A glance at the National Action
Statement indicates a population estimate (albeit low confidence) of 1,500
breeding birds. Even if we were to assume an equal proportion of
non-breeders, this would be 1.3% of the total population. One percent is
quite widely recognised as a reasonable quantitative level of significance
but this would only have to be established as likely, on balance of
probability. State penalties are always very low and as Alistair indicated,
any ruling on criminal activity can be mitigated by circumstances
concerning the state of mind of the offender.
The threat of much greater punitive measures under Commonwealth law might
nonetheless help provide greater disincentive in other cases. It should at
least be given more recognition in these forums and in the media. Do we
know where the Federal government stand on this case?
Regards,
Simon.
From: "Alastair Smith" <>
To: "'birding-aus'" <>
Subject: [Birding-Aus] killing of rare parrots
Date: Thu, 24 May 2007 21:40:25 +1000
My father is a (birdwatching) barrister who is following this case. He has
been in touch with the court and the environmental authorities prosecuting
the case, and has promised to provide me with more comprehensive details
tomorrow.
In the meantime he said that the two men were told to shoot birds eating
the
almond crop and were aware the regent parrot was an endangered species
after
hearing about the birds on ABC radio. They were sorry for what they had
done. Perhaps the reason for the paltry fines was that they have agreed to
testify against the two multinational companies involved. Apparently the
companies asked for an adjournment believing a new judge would hear the
case
against them but the original judge disallowed this motion and will hear
the
case in the near term.
Let's hope for a significant fine and restitution against these companies!
Cheers
Alastair
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