Minister for the Environment & Heritage v Greentree (No 2) [2004] FCA 741

Minister for the Environment & Heritage v Greentree (No 2) [2004] FCA 741

The Windella Ramsar site was validly designated under the Ramsar Convention and included in the List. The respondents' conduct in clearing, ploughing and sowing had a significant impact on its ecological character, thus contravening s 16(1) of the EPBC Act. Exemptions under State law did not apply because further environmental authorisation was necessary. Accordingly, Ronald Greentree and Auen Grain Pty Ltd contravened the Act and are liable to civil penalties and injunctions. Other respondents were not shown to have engaged or proposed to engage in contravening conduct, so no liability attached to them.

Parties
Applicant: Minister for the Environment and Heritage; First Respondent: Ronald Greentree; Third Respondent: Merrywinebone Pty Ltd; Fourth Respondent: Adam Norrie; Fifth Respondent: Amy Maree Greentree; Sixth Respondent: Kenneth Bruce Harris; Seventh Respondent: Robert Harold Harris; Eighth Respondent: Auen Grain Pty Ltd
Jurisdiction
Australia
Judgment Date
11 June 2004
Procedural Posture
Civil Penalty and Injunctive Relief Under the Environment Protection and Biodiversity Conservation Act 1999 (cth) / Judgment on Liability, Directions for Further Hearing on Penalty and Final Orders
Outcome
Partial judgment for applicant: declarations of contravention against Ronald Greentree and Auen Grain Pty Ltd under s 16(1) EPBC Act; injunctive relief established; proceedings against other respondents to be dismissed; timetable set for penalty and further submissions.
Legal Topics
Ramsar Convention, Wetlands Protection, Civil Penalties, Significant Environmental Impact, Designation of Protected Areas, State and Commonwealth Law Interaction, Environment Protection and Biodiversity Conservation Act Application, Native Vegetation Clearing, Permissible Land Use, Affirmative Defences, Remediation and Injunctions
Environmental Law Administrative Law Constitutional Law Ramsar Convention Wetlands Protection Civil Penalties Significant Environmental Impact Designation of Protected Areas +6 more

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Parties

Minister for the Environment and Heritage

Applicant

Ronald Greentree

First Respondent

Merrywinebone Pty Ltd

Third Respondent

Adam Norrie

Fourth Respondent

Amy Maree Greentree

Fifth Respondent

Kenneth Bruce Harris

Sixth Respondent

Robert Harold Harris

Seventh Respondent

Auen Grain Pty Ltd

Eighth Respondent

Procedural Posture

Civil Penalty and Injunctive Relief Under the Environment Protection and Biodiversity Conservation Act 1999 (cth) / Judgment on Liability, Directions for Further Hearing on Penalty and Final Orders

Legal Issues

  1. 1 Whether the Windella Ramsar site was a 'declared Ramsar wetland' for the purposes of s 17(1) of the EPBC Act
  2. 2 Whether the respondents' actions had or were likely to have a significant impact on the ecological character of the Windella Ramsar site
  3. 3 Whether the actions were specifically authorised under State law and exempted by s 43A of the EPBC Act

Ratio Decidendi

The Windella Ramsar site was validly designated under the Ramsar Convention and included in the List. The respondents' conduct in clearing, ploughing and sowing had a significant impact on its ecological character, thus contravening s 16(1) of the EPBC Act. Exemptions under State law did not apply because further environmental authorisation was necessary. Accordingly, Ronald Greentree and Auen Grain Pty Ltd contravened the Act and are liable to civil penalties and injunctions. Other respondents were not shown to have engaged or proposed to engage in contravening conduct, so no liability attached to them.

Court Disposition

Partial judgment for applicant: declarations of contravention against Ronald Greentree and Auen Grain Pty Ltd under s 16(1) EPBC Act; injunctive relief established; proceedings against other respondents to be dismissed; timetable set for penalty and further submissions.

Orders

  • Within 14 days, Minister to file and serve proposed orders against Mr Greentree and Auen and seek dismissal against others, with supporting submissions and evidence (including penalty and costs).
  • Within a further 14 days, respondents to file and serve submissions and evidence in response, including on penalty and costs, if any dispute exists regarding the proposed orders.