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ARTICLE · 12 APRIL 2010

Environment Protection & Biodiversity Conservation Act 1999 (Cth)

The breach of the section 77A Environment Protection & Biodiversity Conservation Act 1999 (Cth)Notice could have been avoided through the implementation of a robust environmental compliance system

AustraliaEnvironment

Key Points:
The breach of the section 77A Notice could have been avoided through the implementation of a robust environmental compliance system.

The recent Federal Court case, Minister for the Environment, Heritage and the Arts v PGP Developments Pty Limited [2010] FCA 58 (12 February 2010) is the first instance in which the Minister has sought a penalty and declaration in relation to a section 77A Notice under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). The case was prosecuted even though no damage to the Great Barrier Reef was identified.

The Development and the section 77A notice

Back in 2004, PGP Developments referred stage 2 of an 8 stage residential development to the Environment Minister. Stage 2 involved the construction of around 160 residential blocks over an 18 hectare site very close to the boundary of the Great Barrier Reef World Heritage Property. The decision made by the Minster's delegate on 11 November

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