Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for the Environment v JN and KC Basile Pty Ltd [2020] FCA 380 File number: ACD 46 of 2019
Judge: JAGOT J
Date of judgment: 24 March 2020
Catchwords: ENVIRONMENT LAW – application for pecuniary penalties – where respondents conducted commercial fishing in Marine National Park Zone in contravention of s 354(1)(f) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) – conduct admitted –appropriate pecuniary penalties where conduct admitted – penalty to reflect objective seriousness of the contravention – discount on penalty for co-operation and contrition – application granted
Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 3, 354, 354(1), 354(1)(f), 481, 481(2), 481(3)
Cases cited: Minister for Sustainability, Environment, Water, Population and Communities v Woodley [2012] FCA 957; (2012) 194 LGERA 290 Minister for the Environment v Hansen [2016] FCA 1146 Minister for the Environment v Karstens [2015] FCA 649 Minister for the Environment v Lucky S Fishing Pty Ltd [2015] FCA 10; (2015) 323 ALR 723 Minister for the Environment v Thermal Dell Pty Ltd [2014] FCA 1442 Minister for the Environment and Heritage v Warne [2007] FCA 599 Walden v Hensler [1987] HCA 54; (1987) 163 CLR 561
Date of hearing: 4 March 2020
Registry: Australian Capital Territory
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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