North Coast Environment Council v National Parks and Wildlife Service

December 1994

In 1998, EDO NSW acted for the North Coast Environment Council challenging a licence issued by NPWS to relocate a flying fox colony near a school. The colony contained the threatened black flying fox and it was argued that the conditions necessary to issue a licence to harm for threatened species had not been met. The NCEC were successful in obtaining an interim injunction to prevent the removal of the colony but had to withdraw before the final hearing due to an unsuccessful application for legal aid. The injunction was subsequently lifted.

Judgment