Minister for the Environment v Thermal Dell Pty Ltd

The matter before the Court was an application by the Minister for the Environment (the Minister) against Thermal Dell Pty Ltd (Thermal Dell) and CDF Marine Pty Ltd (CDF Marine) seeking a declaration that they had contravened section 354(1)(f) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the EPBC Act), and an order for pecuniary penalties in the maximum amount of $550,000 for each of the respondents. The respondents admitted to contravening the prohibition, but argued that the penalty was excessive. The respondents also sought an order for costs. The Court was required to determine whether the penalty imposed was excessive in the circumstances.

The Court found that the respondents had contravened section 354(1)(f) of the EPBC Act by engaging in commercial fishing activities in the Eastern Tuna and Billfish Fishery (ETBF) without the necessary approvals. The respondents admitted to the contravention and that the maximum penalty was applicable. The Court considered the relevant factors in determining the penalty, including the seriousness of the contravention, the degree of culpability of the respondents, and any other matters that the Court considered relevant. The Court found that the contravention was serious, as it involved the illegal exploitation of a Commonwealth fishery, and that the respondents had a high degree of culpability, as they had deliberately chosen to engage in the illegal activities. The Court also found that the maximum penalty was appropriate in the circumstances, as it was necessary to deter future contraventions and to ensure that the respondents were held accountable for their actions.

Accordingly, the Court found that the penalty was not excessive and ordered that each of the respondents pay a pecuniary penalty of $550,000. The Court also ordered that the respondents pay the costs of the proceeding.