Minister for the Environment, Heritage and the Arts v PGP Developments Pty Limited [2010] FCA 58

FEDERAL COURT OF AUSTRALIA

Minister for the Environment, Heritage and the Arts v PGP Developments Pty Limited [2010] FCA 58 Citation: Minister for the Environment, Heritage and the Arts v PGP Developments Pty Limited [2010] FCA 58

Parties: MINISTER FOR THE ENVIRONMENT, HERITAGE AND THE ARTS v PGP DEVELOPMENTS PTY LIMITED (ACN 100 627 914)

File number: ACD 36 of 2009

Judge: STONE J

Date of judgment: 12 February 2010

Catchwords: ENVIRONMENT – pecuniary civil penalty sought – declaration of contravention sought – statement of agreed facts provided by parties DECLARATIONS – statement of agreed facts adduced as evidence under s 191 Evidence Act - whether agreed facts are evidence sufficient to support declaration

Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth) s 481 Environment and Heritage Legislation Amendment Act (No 1) 2003 (Cth) subitem 1A(3) of Schedule 3 Evidence Act 1995 (Cth) 191 Federal Court of Australia Act 1976 (Cth) s 21 Crimes Act 1914 (Cth) s 4AA(1)

Cases cited: ACCC v Allergy Pathway Pty Ltd Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Australian Competition and Consumer Commission v Australian Abalone Pty Ltd [2007] FCA 1834 Australian Competition and Consumer Commission v Cosic Holdings Pty Ltd [2009] FCA 1579 Australian Competition and Consumer Commission v Goldy Motors Pty Ltd [2000] FCA 1885; (2001) Aust Contract R (Digest) 90-123; (2001) ATPR 41-8011 Australian Competition and Consumer Commission v Skins Compression Garments Pty Ltd [2009] FCA 710 Australian Competition and Consumer Commission v Wilson Parking 1992 Pty Ltd (ACN 052 475 911) [2009] FCA 1580 Australian Securities and Investments Commission v Edwards (2004) 51 ACSR 320 Australian Securities and Investments Commission v Cash King Pty Ltd [2005] FCA 1429 Australian Securities and Investments Commission v Rich (2004) 50 ACSR 500; BMI Ltd v Federated Clerks Union of Australia (1983) 51 ALR 401 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 Minister for Environment and Heritage v Warne [2007] FCA 599 Minister for Environment Heritage and the Arts v Lamattina [2009] FCA 753 Minister for the Environment and Heritage v Greentree (No 3) [2004] FCA 1317 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Re One.Tel Ltd (in liq); Australian Securities and Investments Commission v Rich (2003) 44 ACSR 682; Australian Securities and Investments Commission v Elm Financial Services Pty Ltd (2005) 55 ACSR 411 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076