MONOGRAPH 40 volume 1

102 Transparent and consistent sentencing in the Land and Environment Court of NSW: orders for costs as an aspect of punishment Judicial Commission of NSW Figure 10: Change in quantum of Additional Orders and costs orders for pollute waters offences by sentencing regime — single offence, Additional Order in lieu of fine, costs specified — 2000 to 2015 0 $25,000 $50,000 $75,000 $100,000 $125,000 $150,000 $22,167 $9,028 $74,000 $30,000 $16,000 POEO Act (May 2006–2016) (n=13) POEO Act (1999–April 2006) (n=3) CW Act (1991–1999) (n=1)* up 307% up 247% up 246% up 188% Cost of Additional Order (average) Prosecutor’s costs (average) * In EPA v Brucic [2000] NSWLEC 213, rectification works were estimated to cost between $7,000 and $10,000 and the defendant was also fined $6,000. Unknown costs — average for all other CW Act pollute waters offences used here as an estimate. $68,071 Sentencing regime