Minister for the Environment & Heritage v Greentree (No 3) [2004] FCA 1317

FEDERAL COURT OF AUSTRALIA

Minister for the Environment & Heritage v Greentree (No 3) [2004] FCA 1317 ENVIRONMENT – civil penalties – contravention of s 16(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) ('EPBC Act') by taking an action that had a significant impact on the ecological character of a declared Ramsar wetland – contravention deliberate – criteria to be taken into account – EPBC Act, s 481(3) ENVIRONMENT – prohibitory injunctions – orders preventing further damage to wetland – repair orders – order to plant tree seedlings – EPBC Act, ss 475(2), 479

Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 16, 475, 479, 481 Crimes Act 1914 (Cth) s 4AA Trade Practices Act 1974 (Cth) s 76 Rivers and Foreshores Improvement Act 1948 (NSW)

Convention on Wetlands of International Importance especially as Waterfowl Habitat, done at Ramsar, Iran on 2 February 1971

Trade Practices Commission v CSR Ltd [1991] ATPR 41-076 followed NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 cited Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1997) 75 FCR 238 cited Australian Competition and Consumer Commission v Ithaca Ice Works Pty Ltd [2002] ATPR 41-851 Rich v Australian Securities and Investment Commission (2004) 209 ALR 271 cited Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd (2003) 201 ALR 1 cited Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 cited Hayes v Weller (No 2) (1988) 50 SASR 182 cited Australian Competition and Consumer Commission v ABB Transmission and Distribution Ltd (No 2) (2002) 190 ALR 169 cited Australian Securities and Investments Commission v Adler (2002) 42 ACSR 80 cited Mill v The Queen (1988) 166 CLR 59 cited Pearce v The Queen (1998) 194 CLR 610 cited