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
