Local Court Bench Book — Specific Penalties and Orders

This table of maximum penalties is populated using Lawcodes data. For more information, see Changes to Specific Penalties and Orders at the end of the introduction.

Jurisdiction

Section 9.57(1), (2): Proceedings for an offence against the Act or regulations may be taken before the Local Court. Proceedings for an offence against the Act may be taken before the Land and Environment Court in its summary jurisdiction.

Section 9.50(3A): A person who aids, abets, counsels or procures another person to commit, or conspires to commit, an offence against this Act or the regulations is guilty of an offence.

Penalties

Sections 9.52, 9.53 and 9.54 provide for maximum penalties for offences against the Act respectively for Tiers 1, 2 and 3.

Tier 1 provides for a maximum penalty, in the case of a corporation of $5 million and $50,000 for each day the offence continues. In the case of an individual the maximum penalty is $1 million and $10,000 for each day the offence continues.

Tier 2 provides for a maximum penalty, in the case of a corporation of $2 million and $20,000 for each day the offence continues. In the case of an individual the maximum penalty is $500,000 and $5,000 for each day the offence continues.

Tier 3 provides for a maximum penalty, in the case of a corporation of $1 million and $10,000 for each day the offence continues. In the case of an individual the maximum penalty is $250,000 and $2,500 for each day the offence continues.

Penalties in Local Courts

Section 9.57(3): If proceedings are brought in the Local Court, the maximum monetary penalty that the court may impose in respect of the offence is 1000 pu ($110,000) or the maximum monetary penalty provided by the Act in respect of the offence, whichever is the lesser.

Section 9.56(3): In addition to, or in substitution for any pecuniary penalty, the court may direct the planting of new trees or vegetation, and to provide security to ensure performance of such direction.

Time for commencement

Section 9.57(5): Proceedings for an offence against the Act or regulations may be commenced not later than 2 years after the offence was alleged to be committed. Section 9.57(5A) provides for the commencement of proceedings in some cases within 2 years after the date evidence of the alleged offence comes to the attention of the Department, council or investigation officer.

Ancillary orders

Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 No 689