MONOGRAPH 40 volume 1

137 Research monograph 40 2. Findings Table 14a: Monetary payments imposed by the LEC by offence type — single offence, fined, prosecutor’s costs specified (current offences and sentencing regimes) Offence Pollute waters Development without consent Contravene licence Offend against direction/ prohibition Native vegetation offences Offend against TPOs Current legislation POEO Act : s 120(1) EPA Act : s 76A POEO Act : s 64(1) EPA Act : s 125(1) NV Act : s 12 EPA Act : ss 76A, 125(1) Fine amounts Mean $83,346 $33,529 $29,040 $17,888 $58,065 $16,951 Median $58,500 $17,500 $26,000 $10,500 $35,075 $11,000 Range $18,000–$280,000 $5,000–$200,000 $5,000–$90,000 $500–$84,000 $5,000–$140,000 $1,500–$70,000 Prosecutor’s costs Mean $57,677 $25,457 $13,931 $28,063 $44,787 $31,348 Median $59,645 $20,500 $12,000 $15,000 $32,000 $13,216 Range $18,044–$158,407 $1,100–$80,000 $4,500–$35,000 $4,500–$80,000 $15,000–$172,275 $4,500–$80,000 “Total” cost a Mean $141,023 $58,986 $42,971 $51,786 $102,852 $47,939 Median $113,390 $42,500 $30,500 $37,750 $68,375 $24,216 Range $53,000–$438,407 $11,200–$255,000 $9,500–$110,000 $6,000–$125,000 $20,000–$312,275 $6,000–$125,000 Prosecutor’s costs as % of “Total” cost Mean 40.9% 43.2% 32.4% 54.2% 43.5% 65.4% Range 28.2%–66.0% 6.4%–85.7% 14.8%–63.5% 30.6%–83.2% 25.9%–75.0% 44.0%–83.2% Remediation costs b Mean $74,000 $9,800 $95,083 6 remediation orders, only one costed: $34,752 c 11 revegetation orders, none costed. 6 remediation orders, only one costed: $34,752 c Median $75,000 $11,500 $59,500 Range $50,000–$120,000 $1,200–$15,000 $14,000–$464,329 a The “Total” cost is the combined amount of the fine for the principal offence and prosecutor’s costs. b Remediation costs based on the discrete sub-category: Additional Order in lieu of fine. c The same order for the same principal offence, each involving a TPO. The offence against TPOs is a sub-category of offences against s 125(1) of the EPA Act . These offences are not counted twice in the data.