EPBC Act 1999

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Part A
Overview
The issue of whaling has been a highly controversial environmental issue globally. Once it became apparent that the numbers of whales being killed for commercial purposes is a threat to the species, there was a ban put in place in 1986. The moratorium was categorized as a victory for the international environmental movement. Despite the moratorium put in place, four countries have used a loophole in the International Whaling Commission protocols, which allows the killing of certain cetaceans for scientific purposes. These countries then used this loophole as a special permit to allow them to continue original whaling procedures.
Humane Society International Inc v Kyodo Senpaku Kaisha Ltd (15 January 2008)
What is the EPBC Act
The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) is the Australian Government’s central piece of environmental legislation. It provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places.
Third Party Rights to Litigate …show more content…
This allows third parties to ensure the decisions of the minister have been in accord with the EPBC Act and based on an accurate understanding of the provisions of the EPBC Act. The EPBC Act has made it easier for conservationists to contest human activity where it has an environmental impact. The EPBC Act has widened the ability for groups who have an interest in protecting the environment to bring action into the federal court. Conservationists not have a right to litigate as a third party and they are now considered a litigant. The federal court can grant injunctions where a person is committing an offence under the EPBC
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