Federal Court of Australia
Federal Court of Australia
Minister for the Environment and Water v Northern Seafoods Pty Ltd [2025] FCA 116 File number(s): VID 83 of 2024
Judgment of: HESPE J
Date of judgment: 25 February 2025
Catchwords: ENVIRONMENT LAW – application for declaration as to contravening conduct and pecuniary penalties – where respondent conducted trap fishing for commercial purposes in Habitat Protection Zone of Oceanic Shoals Marine Park – multiple contraventions – course of conduct – contravening conduct admitted – whether proposed agreed penalty is appropriate – consideration of matters under s 481 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 354(1)(f), 481, 498B Evidence Act 1995 (Cth) s 191 Federal Court of Australia Act 1976 (Cth) s 21
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] HCA 3; 262 CLR 157 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; 274 CLR 450 Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2017] FCAFC 159; 258 FCR 312 Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 2) [2005] FCA 254; 215 ALR 281 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Australian Competition and Consumer Commission v MSY Technology Pty Ltd [2012] FCAFC 56; 201 FCR 378 Australian Securities and Investments Commission v Commonwealth Bank of Australia [2020] FCA 790 Chief Executive Officer of the Australian Transaction Reports and Analysis Centre v Westpac Banking Corporation [2020] FCA 1538 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39 Minister for Environment and Heritage v Warne [2007] FCA 599 Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 Minister for Sustainability, Environment, Water, Population and Communities v Woodley [2012] FCA 957 Minister for the Environment and Heritage v Wilson [2004] FCA 6 Minister for the Environment v Lucky S Fishing Pty Ltd [2015] FCA 10; 323 ALR 723 Minister for the Environment v Northern Seafoods Pty Ltd [2022] FCA 656 Minister for the Environment v Thermal Dell Pty Ltd [2014] FCA 1442 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission [1996] FCA 1134; 71 FCR 285 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20; 287 ALR 249 Trade Practices Commission v Allied Mills Industries Pty Ltd (1981) 37 ALR 256
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