CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 97
Matters to be considered in imposing penalty
CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 97
Matters to be considered in imposing penalty
97 Matters to be considered in imposing penalty
(1) In imposing a penalty for an offence against this Act or the regulations,
a court is to take into consideration the following (so far as they are
relevant)--
(a) the extent of the harm already caused or likely to be caused
by the commission of the offence,
(b) the degree of risk that harm will be
caused by the commission of the offence,
(c) the practical measures that may
be taken to prevent, control, abate or mitigate that harm,
(d) the extent to
which the person who committed the offence could reasonably have foreseen the
harm caused or likely to be caused by the commission of the offence,
(e) the
extent to which the person who committed the offence had control over the
causes that gave rise to the offence,
(f) whether, in committing the offence,
the person was complying with orders from an employer or supervising employee.
(2) The court may take into consideration other matters that it considers
relevant.