Homework Question - Help with Greenpeace Case?

[Lysandra]

Hi,

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.

Thanks!

 

[Rod]

It is possible the charges were later dropped and never made it to court.

Suggest a call to Greenpeace Australia to confirm.

 

[Tim W]

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.

 

[Louise4007]

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.