EDO and Humane Society Challenge Japanese ‘Scientific’ Whaling

This case has attracted substantial media attention. For a summary of media coverage, including links to online media, click here.

See also HSI Media Releases on this case.

October 19, 2004: The Environmental Defender's Office (NSW) has today filed an application in the Federal Court of Australia, on behalf of the Humane Society International, for a case against a Japanese company that routinely slaughters whales in the Australian Whale Sanctuary as part of a so called 'scientific research' program.

The Environmental Defender's Office has briefed Stephen Gageler SC and Chris McGrath, who already has a string of successful EPBC Act cases under his belt.

The Australian Whale Sanctuary was created in 2000 under the Environment Protection and Biodiversity Conservation Act 1999 and includes Australia's claimed Antarctic waters. HSI will present evidence to the court to show that since the sanctuary was created, the Japanese whaling company Kyodo Senpaku Kaisya Ltd has illegally killed over 400 whales within its waters.

If the application is successful, HSI plans to seek a declaration that the hunt in the Australian Whale Sanctuary is illegal and ask for it to be restrained. Under federal environmental law, conservationists are able to take third party actions to restrain offences in the absence of government action.

The International Whaling Commission imposed a moratorium on commercial whaling in 1986. Since 1987, in defiance of the moratorium, Japan has dressed up its whale hunts as research. Citing a loophole under the international convention, which allows for scientific whaling, Japan claims the hunts are legal and kills approximately 440 minke whales every year in Antarctic waters.

For further information: EDO Solicitor Jessica Simpson on 02 9262 6989 or visit www.hsi.org.au