MONOGRAPH 40 volume 1

158 Transparent and consistent sentencing in the Land and Environment Court of NSW: orders for costs as an aspect of punishment Judicial Commission of NSW Rank Offence Act Section N % of total 7 Harm animal of endangered threatened species NPW Act 118A(1)(a) 1 Pick plant of threatened species NPW Act 118A(2) 2 Pick threatened species/population/ecological community NPW Act 118A(2) 2 Pick plant of an endangered ecological community NPW Act 118A(2) 4 Pick plant of an endangered population NPW Act 118A(2) 3 Harm protected fauna NPW Act 98(2)(a) 2 Damage habitat of a threatened species NPW Act 118D(1) 6 Damage/remove vegetation/rock/soil/sand/stone etc NPW Act 156A(1)(b) 5 Cause damage to non-critical habitat NPW Act 118D(1) 2 27 5.4 8 Carry out/authorise clearing contrary to s 12 NV Act 12(2) 19 Clear native vegetation contrary to consent/code of practice NVC Act 21(2) 4 Contravene Pt 2-clearing native vegetation and land NVC Act 17(1) 1 24 4.8 9 Contravene section by emission of odours POEO Act 129(3) 5 Contravene section by exceeding air purity emissions POEO Act 128(3) 1 Occupier deal with materials and thus cause air pollution POEO Act 126(1) 2 Scheduled premises not licensed CA Act 10 1 Occupier scheduled premises fail to process etc any material CA Act 14(3) 1 10 2.0 10 Erect without a construction certificate having been issued EPA Act 81A(2)(a) 6 Erect building without construction certificate EPA Act 81A(2)(a) 3 9 1.8 Sub total (1–10) 442 88.0 Tier 1 offences Wilfully or negligently dispose of waste in manner likely to harm environment POEO Act 115(1)(a) 2 Negligently dispose of waste harms etc environment POEO Act 115(1)(a) 4 Wilfully or negligently allow substance to be leaked in way to harm environment POEO Act 116(1)(a) 1 Person in possession of substance harming environment POEO Act 116(2)(a) 1 Cause substance to escape harm/likely to harm environment EOP Act 6(1)(a) 1 9 1.8 Other offences before the LEC examined Use/allow use/cause use of vehicle that emits impurities CA(MV) Reg 27(1) 1 Carry out a site audit when not accredited under Pt 4 CLM Act 48(1)(a) 1 Person hold out accredited when not accredited under Pt 4 CLM Act 57(1) 1 Employ/engage/cause/permit unlicensed driver DG Act 7(1) 1 Fail to ensure dangerous goods are transported safely DG Act 9(1) 3 Use unlicensed vehicle to transport dangerous goods by road DG Act 6(1) 1 Maximum penalty under Pollution Control Act 1970 EPA Act 8D(1) 1 Issue unauthorised Pt 4A/complying development certificate EPA Act 109ZH(1)(a) 1 Local government authority carry out dredging without permit FM Act 200(1) 1 Breach condition/restriction attached to licence NPW Act 133(4) 1 Harm Aboriginal object NPW Act 86(2) 1 Maximum penalty where no expressed penalty NPW Act 175(2) 1 Destroy objects/Aboriginal places without consent NPW Act 90(1) 1 Disturb object on land the property of the Crown no permit NPW Act 86(b) 2 Fail to comply with order under Pt 15, Div 3 NPW Act 206 1 Not supply information in compliance with notice issued NV Act 36(4)(a) 1 Appendix C continued