New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 364A

364A Matters to be considered in imposing penalty

(1) In imposing a penalty on a person for an offence against this Act or the regulations, the court is to take into consideration the following (so far as they are relevant):

(a) the impact of the offence on other persons’ rights under this Act,

(b) the market value of any water that has been lost, misused or unlawfully taken as a consequence of the commission of the offence,

(c) the extent of the harm caused or likely to be caused to the environment (including, in particular, any water source or waterfront land) by the commission of the offence,

(d) the practical measures that may be taken to prevent, control, abate or mitigate that harm,

(e) the extent to which the person could reasonably have foreseen the harm caused or likely to be caused to the environment by the commission of the offence,

(f) the extent to which the person had control over the causes that gave rise to the offence,

(g) whether the offence was committed during a severe water shortage (that is, in contravention of an order in force under section 49A or 324),

(h) the person’s intentions in committing the offence,

(i) whether, in committing the offence, the person was complying with orders from an employer or supervising employee,

(j) in the case of an offence of taking water in contravention of this Act, whether the water so taken had been released for environmental purposes and, if so, whether the person was aware of that fact,

(k) any civil penalty that has been imposed on the person under section 60G in relation to the conduct from which the offence arises.

(2) The court may take into consideration other matters that it considers relevant.