ENVIRONMENT PROTECTION ACT 2019 - SECT 270 Principles to be applied in imposing penalty for specified environmental offences

ENVIRONMENT PROTECTION ACT 2019 - SECT 270

When imposing a penalty on a person (the offender ) for a specified environmental offence, the court must consider the following to the extent that they are relevant:

        (a)     any benefit or likely benefit obtained by the offender in committing the offence and the desirability of fixing a penalty that outweighs the benefit or potential benefit of the conduct;

        (b)     the extent of the environmental harm caused, including whether the harm is long-term, irreversible or cumulative;

        (c)     whether there is a need to deter cumulative impacts of conduct of this kind by the offender and others;

        (d)     the extent of any efforts by the offender to minimise or remediate the environmental harm;

        (e)     the extent to which the offender made efforts to comply with the environmental approval;

        (f)     any history of non-compliance by the offender with this Act;

        (g)     whether there was deliberate concealment of the conduct or of the illegal nature of the conduct;

        (h)     any other matters the court considers relevant.