A 22,000-strong colony of flying foxes will be evicted from Sydney's Royal Botanic Gardens after an animal welfare group failed in its legal bid to allow them to stay. Bat Advocacy had challenged a 2010 decision by then federal environment minister Peter Garrett to approve the relocation of up to 22,000 individuals of the threatened grey-headed flying fox species.
The Royal Botanic Gardens and Domain Trust made the request on the grounds that the animals were destroying important species of trees and palms. It plans to disturb the bats using loud industrial noise, a successful ploy used on bats in Melbourne's Royal Botanic Gardens.
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Mr Garrett's approval came with strict conditions, including supervision by an independent observer group with expertise in animal biology and grey-headed flying foxes. But Bat Advocacy argued in the Federal Court that Mr Garrett had failed to take into account the gardens were a critical roosting habitat, and that he did not consider conflict with humans elsewhere.
Bat Advocacy also argued the minister failed to consider information concerning previous unsuccessful attempts to relocate colonies elsewhere. In his judgment on Thursday, Federal Court Justice Dennis Cowdroy rejected the applicant's submissions and dismissed the application, saying Mr Garrett had properly considered the issues. He ordered Bat Advocacy to pay the minister's and the Gardens' costs.
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