Minister for the Environment v Northern Seafoods Pty Ltd [2022] FCA 656

Federal Court of Australia

Minister for the Environment v Northern Seafoods Pty Ltd [2022] FCA 656 File number: ACD 85 of 2021

Judgment of: STEWART J

Date of judgment: 3 June 2022

Catchwords: ENVIRONMENT LAW – application for declaration as to contravening conduct and pecuniary penalties – where respondent conducted commercial demersal trawl fishing in Multiple Use Zone of Commonwealth Marine Park where such activity is prohibited under s 354(1)(f) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) – multiple contraventions – course of conduct –contravening conducted admitted – whether proposed agreed penalty is appropriate – consideration of matters under s 481 of Environment Protection and Biodiversity Conservation Act 1999 (Cth) when determining pecuniary penalty – penalty to reflect established principles of general and specific deterrence – application granted

Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 354(1)(f), 354A, 370, 481, 482,

Cases cited: ACCC v MSY Technological Pty Ltd [2012] FCAFC 56; 201 FCR 378 ACCC v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 ACCC v Yazaki [2018] FCAFC 73; 262 FCR 243 Ainsworth v Criminal Justice Commission [1992] HCA 10; 175 CLR 564 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Non-Indemnification Personal Payment Case) [2018] FCAFC 97 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39; 269 ALR 1 Flight Centre Ltd v ACCC (No 2) [2018] FCAFC 53; 356 ALR 389 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Minister for Environment and Heritage v Warne [2007] FCA 599 Minister for Environment v Lucky S Fishing Pty Ltd [2015] FCA 10; 323 ALR 723 Minister for Environment v Thermal Dell Pty Ltd [2014] FCA 1442 Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72; ATPR ¶41-993 Minister for Sustainability, Environment, Water, Population and Communities v Woodley [2012] FCA 957; 194 LGERA 290 Minister for the Environment and Heritage v Wilson [2004] FCA 6 Minister for the Environment v Karstens [2015] FCA 649 NW Frozen Foods Pty Ltd v ACCC [1996] FCA 1134; 71 FCR 285 Ryan v The Queen [1982] HCA 30; 149 CLR 1 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20; 287 ALR 249 Trade Practices Commission v CSR Ltd [1990] FCA 762; (1991) ATPR ¶41–076