Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Sustainability, Environment, Water, Population and Communities v Woodley [2012] FCA 957 Citation: Minister for Sustainability, Environment, Water, Population and Communities v Woodley [2012] FCA 957
Parties: MINISTER FOR SUSTAINABILITY, ENVIRONMENT, WATER, POPULATION AND COMMUNITIES v DESMOND JOHN WOODLEY and VENTURE FISHING PTY LTD (ACN 114 710 084)
File number: ACD 35 of 2012
Judge: FOSTER J
Date of judgment: 4 September 2012
Catchwords: ENVIRONMENT LAW – consideration of appropriate pecuniary penalties to be imposed upon a corporation and the individual who controls that corporation for an admitted contravention of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) being the carrying out of commercial fishing activities in a highly protected sanctuary zone forming part of a declared Commonwealth Marine Reserve
Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth), ss 354, 354A, 359B, 481, 528 Evidence Act 1995 (Cth), s 191(2)
Cases cited: Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 cited Fair Work Ombudsman v Ramsey Food Processing Pty Ltd (No 2) [2012] FCA 408 followed Markarian v The Queen (2005) 228 CLR 357 applied Minister for Environment and Heritage v Warne [2007] FCA 599 cited Minister for Environment, Heritage and the Arts v Rocky Lamattina & Sons Pty Ltd (2009) 258 ALR 107, (2009) 167 LGERA 219 cited Minister for Environment, Heritage and the Arts v PGP Developments Pty Ltd (2010) 183 FCR 10 cited Minister for Sustainability, Environment, Water, Population and Communities v De Bono [2012] FCA 643 cited Minister for the Environment and Heritage v Greentree (No 3) (2004) 136 LGERA 89 cited Minister for the Environment and Heritage v Wilson [2004] FCA 6 cited Secretary, Department of Health and Ageing v Export Corp (Australia) Pty Ltd (2012) 288 ALR 702 cited Trade Practices Commission v CSR Ltd [1991] ATPR 41-076 followed
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