MONOGRAPH 40 volume 1

138 Transparent and consistent sentencing in the Land and Environment Court of NSW: orders for costs as an aspect of punishment Judicial Commission of NSW Table 14b: Monetary payments imposed by the LEC for waste offences — two or more offences or counts, a fined, prosecutor’s costs specified (current offences and sentencing regimes) Offence Waste offences a Current legislation POEO Act : ss 143, 144 and 144AA Fine amounts Mean $19,725 Median $16,700 Range $10,500–$35,000 Prosecutor’s costs Mean $45,826 Median $24,000 Range $17,080–$118,225 “Total” cost b Mean $65,551 Median $37,240 Range $34,500–$153,225 Prosecutor’s costs as % of “Total” cost Mean 69.9% Range 46.1%–77.2% Remediation costs c Mean $83,000 Median $83,000 Range $62,000–$104,000 a A single offence/count is more the exception for waste offences, although multiple offences may be viewed by the court as representing a “single” episode or course of conduct. See discussion in [2.4.4]. Monetary payments for waste offences, therefore, are based on the more prevalent sub-category: “two or more offences or counts, fined, costs specified”. b The “Total” cost is the combined amount of the fine for the principal offence and prosecutor’s costs. c Remediation costs based on the discrete sub-category: Additional Order in lieu of fine.