Minister for the Environment v JN and KC Basile Pty Ltd [2020] FCA 380

Minister for the Environment v JN and KC Basile Pty Ltd [2020] FCA 380

The appropriate penalty must balance the objective seriousness of the contravention, including carelessness (not intentional/reckless), public protection purpose, commercial profit, mitigating cooperation/contrition, previous good record, and the high detectability. Penalties imposed are $81,900 for the company (13% of maximum, less 30% for cooperation), $12,000 for Mr Basile, and agreed costs, reflecting both deprivation of commercial gain and community disapproval.

Parties
Applicant: Minister for the Environment; First Respondent: J.N. and K.C. Basile Pty Ltd (ACN 615 283 728); Second Respondent: Joseph Basile
Jurisdiction
Australia
Judgment Date
24 March 2020
Procedural Posture
Civil Penalty Proceeding / Final Judgment and Orders
Outcome
Declarations made regarding contraventions; pecuniary penalties imposed; costs awarded.
Legal Topics
Pecuniary Penalties, Commercial Fishing, Marine Reserves, EPBC Act Contravention, General and Specific Deterrence, Mitigating/cooperation Factors
Environmental Law Administrative Law Pecuniary Penalties Commercial Fishing Marine Reserves EPBC Act Contravention General and Specific Deterrence Mitigating/cooperation Factors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 10 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Minister for the Environment

Applicant

J.N. and K.C. Basile Pty Ltd (ACN 615 283 728)

First Respondent

Joseph Basile

Second Respondent

Procedural Posture

Civil Penalty Proceeding / Final Judgment and Orders

Legal Issues

  1. 1 Appropriate pecuniary penalties for contravention of s 354(1)(f) of the EPBC Act
  2. 2 Objective seriousness and mitigation in penalty assessment
  3. 3 Purpose and factors governing civil penalties under EPBC Act

Ratio Decidendi

The appropriate penalty must balance the objective seriousness of the contravention, including carelessness (not intentional/reckless), public protection purpose, commercial profit, mitigating cooperation/contrition, previous good record, and the high detectability. Penalties imposed are $81,900 for the company (13% of maximum, less 30% for cooperation), $12,000 for Mr Basile, and agreed costs, reflecting both deprivation of commercial gain and community disapproval.

Court Disposition

Declarations made regarding contraventions; pecuniary penalties imposed; costs awarded.

Orders

  • Basile Pty Ltd to pay $81,900 pecuniary penalty to the Commonwealth of Australia pursuant to s 481 EPBC Act.
  • Mr Basile to pay $12,000 pecuniary penalty to the Commonwealth of Australia pursuant to s 481 EPBC Act.