MONOGRAPH 40 volume 1

iii Research monograph 40 Contents Tables and figures Tables Table 1: Fines imposed for environmental planning and protection offences in the LEC: Corporations and Individuals — 2000 to 2015 (principal offence only) 44 Table 2: Tier 1 offences under the POEO Act in the LEC — 2000 to 2015 (principal offence only) 48 Table 3: “Top 10” environmental planning and pollution offences convicted in the LEC — 2000 to 2015 (principal offence only) 50 Table 4: Environmental planning and protection offences in the LEC by Class of Offender — 2000 to 2015 (principal offence only) 56 Table 5: Penalties imposed for environmental planning and protection offences in the LEC by Class of Offender — 2000 to 2015 (principal offence only) 57 Table 6: Fines imposed for environmental planning and protection offences in the LEC by Class of Offender — 2000 to 2015 (principal offence only) 58 Table 7: Fines greater than $110,000 imposed by the LEC for environmental offences — 2000 to 2015 (principal offence only) 62 Table 8: Proportion of fines greater than the Local Court jurisdictional limit ordered by the LEC for environmental offences (principal offence only) by jurisdictional limit of Local Court: pre- and post- Harris 65 Table 9: Value of Additional Orders imposed for environmental planning and protection offences in the LEC — 2000 to 2015 (principal offence only) 69 Table 10: Environmental protection offences in the LEC: objective and subjective factors by Class of Offender — 2000 to 2015 (principal offence only) 72 Table 11: Environmental planning offences in the LEC: objective and subjective factors by Class of Offender — 2000 to 2015 (principal offence only) 86 Table 12: NSW pollute waters legislation: present and past statutory offences and associated maximum penalties — Tier 2 offences 93 Table 13: NSW waste offences legislation: present and past statutory offences and associated maximum penalties — Tier 2 offences 110 Table 14a: Monetary payments imposed by the LEC by offence type — single offence, fined, prosecutor’s costs specified (current offences and sentencing regimes) 137 Table 14b: Monetary payments imposed by the LEC for waste offences — two or more offences or counts, fined, prosecutor’s costs specified (current offences and sentencing regimes) 138 Figures Figure 1: Level of environmental harm for environmental planning and protection offences in the LEC — 2000 to 2015 (principal offence only) 40 Figure 2: Objective seriousness of environmental planning and protection offences in the LEC — 2000 to 2015 (principal offence only) 41 Figure 3: Distribution of penalty types for environmental planning and protection offences in the LEC — 2000 to 2015 (principal offence only) 43 Figure 4: Level of environmental harm for environmental planning and protection offences in the LEC — 2000 to 2015 (principal offence only; “Top 10” offence categories) 53 Figure 5: Objective seriousness of environmental planning and protection offences in the LEC — 2000 to 2015 (principal offence only; “Top 10” offence categories) 54 Figure 6: Distribution of fine amounts for environmental planning and protection offences in the LEC by Class of Offender — 2000 to 2015 (principal offence only) 59 Figure 7: Percentage distribution of fine amounts for environmental planning and protection offences in the LEC by Class of Offender — 2000 to 2015 (principal offence only) 60