Minister for Sustainability, Environment, Water, Population and Communities v Woodley [2012] FCA 957

Minister for Sustainability, Environment, Water, Population and Communities v Woodley [2012] FCA 957

Appropriate pecuniary penalties are to be determined for admitted contraventions of s 354(1)(f) of the EPBC Act based on the seriousness of protecting highly protected sanctuary zones, the reckless nature of the respondents’ conduct, the necessity of deterrence, cooperation and admissions, prior good record, remorse, and financial circumstances. These factors warrant penalties of $13,000 for the individual and $65,000 for the company, plus costs as agreed.

Jurisdiction
Australia
Judgment Date
04 September 2012
Procedural Posture
Civil Penalty Application / Judgment on Penalty After Admissions
Outcome
Declarations made and pecuniary penalties imposed against both respondents for contraventions of s 354(1)(f) EPBC Act; costs awarded as agreed.
Legal Topics
['pecuniary Penalties' 'commonwealth Marine Reserve' 'commercial Fishing' 'sanctuary Zone' 'civil Penalty Provisions']
['environmental Law'] ['pecuniary Penalties' 'commonwealth Marine Reserve' 'commercial Fishing' 'sanctuary Zone' 'civil Penalty Provisions']

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Procedural Posture

Civil Penalty Application / Judgment on Penalty After Admissions

Legal Issues

  1. 1 ['What are the appropriate pecuniary penalties to be imposed for admitted contraventions of s 354(1)(f) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)?']

Ratio Decidendi

Appropriate pecuniary penalties are to be determined for admitted contraventions of s 354(1)(f) of the EPBC Act based on the seriousness of protecting highly protected sanctuary zones, the reckless nature of the respondents’ conduct, the necessity of deterrence, cooperation and admissions, prior good record, remorse, and financial circumstances. These factors warrant penalties of $13,000 for the individual and $65,000 for the company, plus costs as agreed.

Court Disposition

Declarations made and pecuniary penalties imposed against both respondents for contraventions of s 354(1)(f) EPBC Act; costs awarded as agreed.

Orders

  • ['Declaration that first respondent contravened s 354(1)(f) of the EPBC Act by engaging in commercial fishing in the sanctuary zone.' "Declaration that second respondent contravened s 354(1)(f) of the EPBC Act by reason of first respondent's conduct on its behalf." 'First respondent to pay a pecuniary penalty of...