MONOGRAPH 40 volume 1

57 Research monograph 40 2. Findings For “small business owners”, the most common principal offence was “Development without consent” (28.2%). Offences against the NV Act (12.9%) also featured in the offence profile of small business owners, presumably because many farms are registered as rural businesses by landowners. 368 “Ordinary Joe” individuals, on the other hand, were most prominent in terms of environment planning offences under the EPA Act : • Development without consent (s 78A): 28 of the 78 offences (35.9%) • Offences against direction or prohibition (s 125): 18 of the 40 offences (45.0%). 2.2.5.2 Penalties It is clear that an “ordinary Joe” individual offender is more likely than the other classes of offender to receive the benefit of a “no conviction recorded” s 10 dismissal/s 10 bond (ie conditional discharges) following a finding of guilt for an environmental planning or protection offence in the LEC ( Table 5 ). 368 For example, Director-General of the Dept of Land and Water Conservation v Leverton Pastoral Co Pty Ltd [2002] NSWLEC 212; Director-General, Dept of Environment and Climate Change v Calman Aust Pty Ltd; Iroch Pty Ltd; GD & JA Williams Pty Ltd t/a Jerilderie Earthmoving [2009] NSWLEC 182; and, Director-General, Dept of Environment and Climate Change v Jack & Bill Issa Pty Ltd (No 6) [2010] NSWLEC 43. Penalty Class of offender Total Corporation Individual Special liability offender Small business owner “Ordinary Joe” s 10 dismissal N 1 10 1 11 23 % within row 4.3 43.5 4.3 47.8 100.0 % within column 0.3 19.2 1.2 15.7 4.6 s 10 bond N 0 2 0 3 5 % within row 0.0 40.0 0.0 60.0 100.0 % within column 0.0 3.8 0.0 4.3 1.0 s 10A N 1 0 2 0 3 % within row 33.3 0.0 66.7 0.0 100.0 % within column 0.3 0.0 2.4 0.0 0.6 Additional Orders only N 44 0 2 1 47 % within row 93.6 0.0 4.3 2.1 100.0 % within column 14.9 0.0 2.4 1.4 9.4 Fine N 185 27 64 45 321 % within row 57.6 8.4 19.9 14.0 100.0 % within column 62.7 51.9 75.3 64.3 63.9 Fine plus Additional Order N 64 10 15 7 96 % within row 66.7 10.4 15.6 7.3 100.0 % within column 21.7 19.2 17.6 10.0 19.1 CSO N 0 3 1 3 7 % within row 0.0 42.9 14.3 42.9 100.0 % within column 0.0 5.8 1.2 4.3 1.4 Total N 295 52 85 70 502 % within row 58.8 10.4 16.9 13.9 100.0 % within column 100.0 100.0 100.0 100.0 100.0 Table 5: Penalties imposed for environmental planning and protection offences in the LEC by Class of Offender — 2000 to 2015 (principal offence only)