A reminder of the 2008 Federal Court of Australia ruling against Japanese whaling in the Southern Ocean Whale Sanctuary

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1519 OF 2004

BETWEEN: HUMANE SOCIETY INTERNATIONAL INC

Applicant

AND: KYODO SENPAKU KAISHA LTD

Respondent

JUDGE: ALLSOP J

DATE OF ORDER: 15 JANUARY 2008

WHERE MADE: SYDNEY

1. THE COURT DECLARES that the respondent has killed, injured, taken and interfered with Antarctic minke whales (Balaenoptera bonaerensis) and fin whales (Balaenoptera physalus) and injured, taken and interfered with humpback whales (Megaptera novaeangliae) in the Australian Whale Sanctuary in contravention of sections 229, 229A, 229B and 229C of the Environment Protection and Biodiversity Conservation Act 1999 (Cth), (the “Act”), and has treated and possessed such whales killed or taken in the Australian Whale Sanctuary in contravention of sections 229D and 230 of the Act, without permission or authorisation under sections 231, 232 or 238 of the Act.

2. THE COURT ORDERS that the respondent be restrained from killing, injuring, taking or interfering with any Antarctic minke whale (Balaenoptera bonaerensis), fin whale (Balaenoptera physalus) or humpback whale (Megaptera novaeangliae) in the Australian Whale Sanctuary, or treating or possessing any such whale killed or taken in the Australian Whale Sanctuary, unless permitted or authorised under sections 231,n232 or 238 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

Reasons for Judgement

Ramifications of Judgement