Nature Conservation Council Of NSW Inc V Minister for Environment and Water Resources and Ors

In 2007, EDO NSW represented the NSW Nature Conservation Council (NCC) in proceedings against the Commonwealth Minister for the Environment and Heritage. NCC presented evidence to the Administrative Appeals Tribunal (AAT) that the NSW Ocean Trap and Line Fishery (OTLF) has a significant impact on the nationally listed critically endangered east coast population of the Grey nurse shark.

The OTLF is a multi-species targeted fishery that operates within the habitat areas of the Grey nurse shark and a number of other threatened species. The NCC is seeking the implementation of fishery closures of specific key shark aggregation areas and the banning of the use of wire traces in deeper waters.

The AAT upheld the Minister's approval of the OTLF as a wildlife trade operation on the basis that the fishery, operated in accordance with the conditions imposed by the Minister, would not be detrimental to the survival of the grey nurse shark.

EDO NSW is grateful to barristers Christine Adamson SC and Craig Lenehan for their assistance in this matter.

Case Summary Judgment