DOC statement: ELI vs DOC - S53 Wildlife Act - Mt Messenger

Introduction

DOC has received the Mt Messenger Wildlife Act Authority High Court decision.

Date:  14 March 2025

Attributed to Ruth Isaac, Deputy Director-General Policy and Regulatory Services

DOC has received the court's decision and is considering what this means for how it manages its Wildlife Act permissions responsibilities.

The decision does not mean that operators currently holding Wildlife Act authorisations for projects involving the incidental killing of wildlife need to cease activities. 

Existing authorisation holders should continue to undertake their activities consistent with the conditions of their authorisations and take all reasonable steps to ensure wildlife is not harmed. 

Depending on the situation, the defence in s 68AB of the Act may be applicable. We are working quickly to give authority holders certainty about what this means for their operations.