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Homework Question - Help with Greenpeace Case?

Discussion in 'Australian Law School Homework Questions' started by Lysandra, 26 June 2016.

  1. Lysandra

    Lysandra Member

    26 June 2016
    Likes Received:

    I'm in the middle of my first legal essay, and I'd like to use the example of the 2001 trespassing of Lucas Heights by Greenpeace activists to support my argument. However, I've had difficulty locating the case on AustLII. All I can find is Greenpeace Pacific Ltd v Chief Executive Officer of the Australian Radiation Prote (September 2002) and I don't think it is the same case:
    Greenpeace Australia Pacific Ltd v Chief Executive Officer of the Australian Radiation Prote [2002] FCA 1144 (13 September 2002)

    This is the link to where the incident was mentioned: Is breaking the law always illegal? | Greenpeace International

    Any help in locating the actual case would be greatly appreciated.

  2. Rod

    Rod Well-Known Member

    27 May 2014
    Likes Received:
    It is possible the charges were later dropped and never made it to court.

    Suggest a call to Greenpeace Australia to confirm.
  3. Tim W

    Tim W Lawyer

    28 April 2014
    Likes Received:
    It's also possible that the matter, if it did proceed, was not reported.

    AUSTLII is not a transcription service, and not every case in every court gets reported routinely.
    #3 Tim W, 26 June 2016
    Last edited by a moderator: 26 June 2016
  4. Louise4007

    Louise4007 Well-Known Member

    8 November 2015
    Likes Received:
    Hi Lysandra

    The case you mention, Greenpeace Australia v CEO of the Australian Radiation Prote (2002) considers -

    1) the initial receipt by the court in 2001 of an application by Australian Nuclear Science & Technology Organisation (ANSTO) for a licence to construct at Lucas Heights
    2) the issue of that licence to ANSTO in 2002 and
    3) an application by Greenpeace for review in the Federal Court of the court's decision to grant that licence.

    Therefore the case was a judicial review matter which didn't consider any act of trespass by Greenpeace. You could try the NSW Local court (criminal) where the initial trespass case would have been considered in the 1st instance in 2001 or 2002 given that the actual act of trespass occurred in December 2001. From the little I've read about the trespass itself I believe the charges were dropped.
    #4 Louise4007, 26 June 2016
    Last edited by a moderator: 26 June 2016

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