The Federal Court (Perry J) recently published judgment in Minister for the Environment and Water v GE Grid Australia Pty Ltd [2025] FCA 1609.
GE Grid Australia, which admitted the contraventions, was ordered to pay $450,000 including costs, following its failure to report the importation of equipment containing the potent greenhouse gas, sulfur hexafluoride (SF6). The release of one tonne of SF6 is equivalent to the release of 22,800 tonnes of CO2 into the atmosphere.
The breaches occurred over eight reporting periods from 2018–2022. This was the first occasion on which a civil penalty had been imposed in respect of a breach of s 46 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) (Ozone Act).
The Court accepted the parties’ submission that “accurate reporting of imports under the Ozone Act is necessary in order for Australia to fulfil its international reporting obligations …” (J[4]). The Commonwealth Department of Climate Change, Energy, the Environment and Water published a media release, following judgment, which stated that this “outcome shows that those who breach our national environmental law will face the full force of the law”.
Danielle Forrester appeared for the Minister, instructed by Maddocks.