Can I challenge a government decision that I think is harmful to the environment?

In Plain English

Based on the documents provided, here's how you might challenge a government decision harmful to the environment:

1. If the decision relates to a wildlife trade operation: If the decision concerns an approved wildlife trade operation and you believe it negatively impacts your interests, you can request the reasons for the decision from the relevant department. After receiving the reasons, or even without requesting them, you can apply to the Administrative Appeals Tribunal (AAT) for an independent review of the decision. There is a fee to apply, but it may be reduced in cases of financial hardship. For example, see Declaration of an Approved Small-Scale Wildlife Trade Operation – Craig Mostyn & Co Pty Ltd 2023-2026 and Declaration of an Approved Wildlife Trade Operation - Australian Insect Farm.
2. If the decision relates to an Aboriginal or Torres Strait Islander heritage site: If the decision relates to the protection of an Aboriginal or Torres Strait Islander heritage site, you can make representations (written statements) to the person appointed to provide a report on the matter. These representations will be considered by the Minister before a decision is made. For example, see Invitation to make representations on an application made under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 - Taylor Oval, Moree, New South Wales.
3. Freedom of Information Request: You can also make a Freedom of Information (FOI) request to access documents relevant to the decision. This may give you more insight into how the decision was made and whether there were any flaws in the process. For example, see Declaration of an Approved Small-Scale Wildlife Trade Operation – Craig Mostyn & Co Pty Ltd 2023-2026 and Declaration of an Approved Wildlife Trade Operation - Australian Insect Farm.
4. Public Comment on Draft Plans: The Environment Protection and Biodiversity Conservation Act 1999 requires the government to seek public comment on draft threat abatement plans and bilateral agreements. This is an opportunity to voice your concerns and influence the final decision. See, for example, Environment Protection and Biodiversity Conservation Act 1999 (Cth) Notice of call for Public Comment - Draft varied Threat abatement plan for competition and land degradation by rabbits, Notice of call for Public Comment - Draft Threat abatement plan for infection of amphibians with chytrid fungus resulting in chytridiomycosis, Draft Threat Abatement Plan for Competition and Land Degradation by Unmanaged Goats, Notice of Call for Public Comment - Draft Revised Threat Abatement Plan for Predation, Habitat Degradation, Competition and Disease Transmission by Feral Pigs (Sus scrofa), Notice of call for Public Comment - Draft varied Threat Abatement Plan for Predation by Feral Cats, and Invitation to comment on a draft assessment bilateral agreement with the Australian Capital Territory.

Detailed Explanation

You can challenge a government decision that you think is harmful to the environment through several avenues, depending on the nature of the decision and the relevant legislation.

1. Administrative Appeals Tribunal (AAT) Review:

   • Under the Environment Protection and Biodiversity Conservation Act 1999, certain decisions, such as the declaration of approved wildlife trade operations, can be challenged at the AAT. For example, the declarations relating to Mr Fern Nurseries Pty Ltd, Australian Insect Farm, and Craig Mostyn & Co Pty Ltd include information about appealing to the AAT: Declaration of an Approved Wildlife Trade Operation - Australian Insect Farm, Declaration of an Approved Small-Scale Wildlife Trade Operation – Craig Mostyn & Co Pty Ltd 2023-2026, and Declaration of an Approved Wildlife Trade Operation - Mr Fern Nurseries Pty Ltd.
   • To initiate an AAT review, you must be a person whose interests are affected by the decision. You need to apply in writing to the Department for the reasons of the decision and then apply to the AAT within 28 days of receiving the reasons, or within 28 days of the declaration if reasons are not sought. Note that there is an application fee, although a reduced fee may be available in cases of financial hardship.

   • Making Representations:

   • In specific cases, such as those under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, you can make representations (written submissions) concerning a proposed decision. For instance, the notice regarding Taylor Oval in Moree invites interested persons to make representations to Dr Susan McIntyre-Tamwoy, who will then provide a report to the Minister: Invitation to make representations on an application made under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 - Taylor Oval, Moree, New South Wales.

   • These representations are considered by the Minister before making a final decision.

   • Public Comment Periods:

   • The Environment Protection and Biodiversity Conservation Act 1999 often involves public comment periods for draft threat abatement plans and bilateral agreements. This allows individuals and groups to provide feedback and influence the final version of these plans or agreements. Examples include the draft threat abatement plans for rabbits, chytrid fungus, unmanaged goats, feral pigs, and feral cats, as well as the draft bilateral agreement with the Australian Capital Territory: Environment Protection and Biodiversity Conservation Act 1999 (Cth) Notice of call for Public Comment - Draft varied Threat abatement plan for competition and land degradation by rabbits, Notice of call for Public Comment - Draft Threat abatement plan for infection of amphibians with chytrid fungus resulting in chytridiomycosis, Draft Threat Abatement Plan for Competition and Land Degradation by Unmanaged Goats, Notice of Call for Public Comment - Draft Revised Threat Abatement Plan for Predation, Habitat Degradation, Competition and Disease Transmission by Feral Pigs (Sus scrofa), Notice of call for Public Comment - Draft varied Threat Abatement Plan for Predation by Feral Cats, and Invitation to comment on a draft assessment bilateral agreement with the Australian Capital Territory.

   • Freedom of Information (FOI) Request:

   • You can use the Freedom of Information Act 1982 to request access to documents related to the decision-making process. This can provide insights into the information and considerations that informed the decision. For example, see Declaration of an Approved Small-Scale Wildlife Trade Operation – Craig Mostyn & Co Pty Ltd 2023-2026 and Declaration of an Approved Wildlife Trade Operation - Australian Insect Farm.