And that ruling of the appeal court (Federal Court Full Bench) just goes to show what a pathetic and useless Act the EPBC Act is.
Designed to fail by Howard and Co, and fail it did. Bob Brown valiantly tried to make it work by arguing that “protect” had a plain English meaning, and indeed he managed to convince Marshall J.
I’d like to think he might have convinced the High Court too if he’d been granted leave to appeal. After all, there is something inherently attractive in letting words mean what people expect them to.
It would have been most interesting (and possibly useful) to let the High Court pick over this crazy piece of legislation. The reason the case never got there was the 2-1 split decision that couldn’t help recognising the Feb 2007 change to clause 68 of the Cwlth-Tas RFA.
So the villains are again the politicians. And they expect us to have respect for the laws they make.
Should Kevin Bonham now be thanked for showing the Environment Protection and Biodiversity Conservation Act isn’t designed to protect? Political window dressing for the moment.