Minister for the Environment v Thermal Dell Pty Ltd [2014] FCA 1442

Minister for the Environment v Thermal Dell Pty Ltd [2014] FCA 1442

Each respondent contravened s 354(1)(f) of the EPBC Act twice through Mr Seddon's commercial pelagic longline fishing shots in the Elizabeth and Middleton Reefs Marine National Nature Reserve. The two contraventions by each respondent formed a single course of conduct, but each corporation remained separately responsible. General deterrence required penalties because the respondents failed to take reasonable precautions and exercise due diligence to ensure that Mr Seddon knew the reserve's location and did not fish there. However, the penalties were reduced to reflect their lesser culpability compared with other cases, lack of proven material environmental damage, lack of prior similar...

Jurisdiction
Australia
Judgment Date
16 December 2014
Procedural Posture
Environment Law Civil Penalty Proceeding for Contraventions of S 354(1)(f) of the Environment Protection and Biodiversity Conservation Act 1999 (cth) / Penalty and Declarations After Admitted Contraventions
Outcome
Declarations made; pecuniary penalties imposed; respondents ordered to pay the applicant's costs as agreed or taxed.
Legal Topics
['commercial Fishing in Commonwealth Reserve' 'environment Protection and Biodiversity Conservation Act 1999 (cth)' 'pecuniary Penalties' 'corporate Liability' 'general Deterrence' 'course of Conduct Principle']
['environment Law' 'civil Penalties'] ['commercial Fishing in Commonwealth Reserve' 'environment Protection and Biodiversity Conservation Act 1999 (cth)' 'pecuniary Penalties' 'corporate Liability' 'general Deterrence' 'course of Conduct Principle']

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Procedural Posture

Environment Law Civil Penalty Proceeding for Contraventions of S 354(1)(f) of the Environment Protection and Biodiversity Conservation Act 1999 (cth) / Penalty and Declarations After Admitted Contraventions

Legal Issues

  1. 1 ['What pecuniary penalty should be imposed on each respondent for admitted contraventions of s 354(1)(f) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).' 'Whether the two contraventions by each respondent should be treated as a single course of conduct for penalty purposes.' "How the respondents' corporate relationship, cooperation, lack of prior contraventions, lack of proven environmental damage, and need for general deterrence should affect penalty."]

Ratio Decidendi

Each respondent contravened s 354(1)(f) of the EPBC Act twice through Mr Seddon's commercial pelagic longline fishing shots in the Elizabeth and Middleton Reefs Marine National Nature Reserve. The two contraventions by each respondent formed a single course of conduct, but each corporation remained separately responsible. General deterrence required penalties because the respondents failed to take reasonable precautions and exercise due diligence to ensure that Mr Seddon knew the reserve's location and did not fish there. However, the penalties were reduced to reflect their lesser culpability compared with other cases, lack of proven material environmental damage, lack of prior similar...

Court Disposition

Declarations made; pecuniary penalties imposed; respondents ordered to pay the applicant's costs as agreed or taxed.

Orders

  • ['Declared that in the period 10 August 2011 to 12 August 2011 Thermal Dell Pty Ltd t/as Full Force Fishing contravened s 354(1)(f) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) on two occasions.' 'Declared that in the period 10 August 2011 to 12 August 2011 CDF Marine Pty Ltd...