MONOGRAPH 40 volume 1

121 Research monograph 40 2. Findings Breaches of TPOs, a subset of offences against s 125 of the EPA Act , had the lowest average fine amount ($16,951) of all environmental planning offences, but the highest average prosecutor’s costs ($31,348) bringing the average “total” cost to just below $50,000. Low objective seriousness was noted for the majority (68%) of offences involving breaches of TPOs. These characteristics make these offences also potentially suitable for prosecution in the Local Court. 661 Native vegetation is defined under s 6 of the Native Vegetation Act 2003 ( NV Act ) as trees, understorey plants, groundcover or wetland plants that existed in NSW prior to European settlement. It does not include any mangroves, seagrasses or any other type of marine vegetation to which s 205 of the Fisheries Management Act 1994 applies. The NV Act categorises native vegetation as “remnant”, “protected regrowth” and “unprotected regrowth” (ss 9, 10 and 19). The meaning of “clearing” native vegetation is defined under s 7 and means any one or more of the following: (a) cutting down, felling, thinning, logging or removing native vegetation, (b) killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation. Vegetation classified as remnant or protected regrowth, can only be cleared in limited circumstances as set out under s 12 in accordance with development consent or an approved property vegetation plan. Otherwise clearing of vegetation that is classified as only regrowth, but not protected regrowth, is permitted (s 19), as is the clearing of groundcover comprising less than 50% indigenous vegetation (s 20). Section 25 details the types of legislatively excluded clearing, for example, clearing carried out in accordance with a bush fire management plan under the Rural Fires Act 1997. Figure 11: Environmental planning offences in the LEC — average fines, prosecutor’s costs by offence type — single offence, fined, prosecutor’s costs known — 2000 to 2015 2.4.8 Native vegetation offences At the time this study was undertaken, the principal piece of legislation in NSW concerning the sustainable management and conservation of native vegetation was the Native Vegetation Act 2003 ( NV Act ). 661 This Act applied to both public land and privately owned or leased land in 0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $25,457 $33,529 Development without consent (s 76A) Offend against direction/prohibition (s 125) Environmental planning offence Fine amounts Prosecutor’s costs $28,063 $17,888 Offend against tree preservation orders (TPOs)* $31,348 $16,951 * The offence against TPOs is a sub-category of offenders against s 125(1) of the EPA Act . These offences are not counted twice in the data.