New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 126

126 Penalties

(1) A person guilty of an offence against this Act shall, for every such offence, be liable to the penalty expressly imposed and if no penalty is so imposed to a penalty not exceeding 10,000 penalty units and to a further daily penalty not exceeding 1,000 penalty units.

(2) A person guilty of an offence against the regulations is, for every such offence, liable to:

(a) the penalty (not exceeding 1,000 penalty units) expressly imposed by the regulations, or

(b) if no such penalty is imposed, to a penalty not exceeding 1,000 penalty units.

(3) Where a person is guilty of an offence involving the destruction of or damage to a tree or vegetation, the court dealing with the offence may, in addition to or in substitution for any pecuniary penalty imposed or liable to be imposed, direct that person:

(a) to plant new trees and vegetation and maintain those trees and vegetation to a mature growth, and

(b) to provide security for the performance of any obligation imposed under paragraph (a).

(4) In determining the sentence for a person who has previously been found guilty of an offence that arises from a failure to comply with a brothel closure order within the meaning of section 121ZR or the unlawful use of premises for the purposes of a brothel, a court must take into account the fact of the previous offence as an aggravating factor and is, accordingly, to impose a higher sentence than it would otherwise impose.