MONOGRAPH 40 volume 1

56 Transparent and consistent sentencing in the Land and Environment Court of NSW: orders for costs as an aspect of punishment Judicial Commission of NSW Directors and other persons involved in the management of companies, who were prosecuted under “special liability” provisions, were prominent in terms of: • Tier 1 offences ( POEO Act , s 169): 44.4% (four of nine offences) • Discharge from ship ( Marine Pollution Act , s 8 (rep): 53.8% (21 of 39 offences) • Waste offences: 28.8% (15 of 42 offences). Environmental offence Class of offender Total Corporation Individual Special liability offender Small business owner “Ordinary Joe” Pollute waters N 108 2 7 1 118 % 36.6 3.8 8.2 1.4 23.5 Development without consent N 26 0 24 28 78 % 8.8 0.0 28.2 40.0 15.5 Contravene licence N 51 3 1 0 55 % 17.3 5.8 1.2 0.0 11.0 Waste offences N 12 15 8 7 42 % 4.1 28.8 9.4 10.0 8.4 s 125 offences N 15 0 7 18 40 % 5.1 0.0 8.2 25.7 8.0 Discharge from ship N 18 21 0 0 39 % 6.1 40.4 0.0 0.0 7.8 Harm flora/fauna/ecology N 12 4 7 4 27 % 4.1 7.7 8.2 5.7 5.4 Native vegetation offences N 12 0 11 1 24 % 4.1 0.0 12.9 1.4 4.8 Air pollution N 9 1 0 0 10 % 3.1 1.9 0.0 0.0 2.0 Erect building without consent N 2 0 4 3 9 % 0.7 0.0 4.7 4.3 1.8 Tier 1 offences N 3 4 1 1 9 % 1.0 7.7 1.2 1.4 1.8 All other offences N 27 2 15 7 51 % 9.2 3.8 17.6 10.0 10.2 All LEC offences N 295 52 85 70 502 % 100.0 100.0 100.0 100.0 100.0 Note: coloured cells represent 10% or more of the principal offences for that class of offender. Table 4: Environmental planning and protection offences in the LEC by Class of Offender — 2000 to 2015 (principal offence only)