Cassowary Case

The Cassowary Case provides a case study of an appeal in the Queensland Planning and Environment Court under the Integrated Planning Act 1997 (Qld).

The appeal was made by a conservation group, the Community for Coastal and Cassowary Conservation Inc (C4). It involves a proposed rural residential subdivision at Mission Beach in North Queensland.

The appeal was heard in April 2006 by White DCJ in Cairns. Judge White DCJ dismissed the appeal and allowed the proposed development to proceed with passing reference to environmental impacts. Conditions on the approval include a fence to exclude cassowaries from the houses.

Key documents for this case are:

• C4's Notice of Appeal  (available in PDF or Word);

• Extracts of aerial photos and maps - the full Johnstone Shire Planning Scheme 2005 is also available here;

• Expert report by Dr Graham Harrington on ecological impacts;

• Expert report of Kerry McAvoy on good quality agricultural land;

• Closing submissions of C4;

• Judgment in Suddaby & Ors v Johnstone Shire Council & Ors [2006] QPEC;

• Orders made by the Court and conditions of approval.