Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for the Environment v Lucky S Fishing Pty Ltd [2015] FCA 10 Citation: Minister for the Environment v Lucky S Fishing Pty Ltd [2015] FCA 10
Parties: MINISTER FOR THE ENVIRONMENT v LUCKY S FISHING PTY LTD (ACN 007 933 253)
File number: ACD 83 of 2013
Judge: FOSTER J
Date of judgment: 22 January 2015
Catchwords: ENVIRONMENT LAW – consideration of the appropriate penalty to be imposed upon a corporation for an admitted contravention of s 354(1)(f) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) being the carrying out by that corporation's agent inadvertently of commercial fishing activities in a Commonwealth Marine Reserve in circumstances where the carrying out of any such activities in the relevant Reserve was absolutely prohibited
Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth), ss 354, 354A, 481 and 498B Evidence Act 1995 (Cth), s 191 Fisheries Management Act 1991 (Cth) Federal Court Rules 2011, r 40.02(b)
Cases cited: Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Barbaro v The Queen (2014) 305 ALR 323 Clean Energy Regulator v MT Solar Pty Ltd [2013] FCA 205 Minister for Sustainability, Environment, Water, Population and Communities v Woodley (2012) 194 LGERA 290 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249
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