MONOGRAPH 40 volume 1

iv Transparent and consistent sentencing in the Land and Environment Court of NSW: orders for costs as an aspect of punishment Judicial Commission of NSW Figure 8: Percentage of fines ordered in the LEC that was less than the jurisdictional limit of the Local Court at the time of sentencing — by sentencing regime — 2000 to 2015 (principal offence only) 66 Figure 9: Change in fine amounts and quantum of costs orders for pollute waters offences by sentencing regime — single offence, fined, costs specified — 2000 to 2015 100 Figure 10: Change in quantum of Additional Orders and costs orders for pollute waters offences by sentencing regime — single offence, Additional Order in lieu of fine, costs specified — 2000 to 2015 102 Figure 11: Environmental planning offences in the LEC — average fines, prosecutor’s costs by offence type — single offence, fined, prosecutor’s costs known — 2000 to 2015 121 Case study 1: EPA v Gardner: “the most serious case of environmental crime” 51 Case study 2: Illegal land clearing dispute led to murder of environmental officer by farmer 132 For Cases Tables 1, 2, and 3 see Volume 2 Note: all Acts are NSW Acts unless otherwise stated. BOCSAR Bureau of Crime Statistics and Research CA Act Clean Air Act 1961 (rep) CA (MV) Reg Clean Air (Motor Vehicles and Motor Vehicle Fuels) Regulation 1997 (rep) CCA Court of Criminal Appeal (NSW) CJ of the LEC Chief Justice of the Land and Environment Court CLM Act Contaminated Land Management Act 1997 CP Act Criminal Procedure Act 1986 CSO Community service order CSP Act Crimes (Sentencing Procedure) Act 1999 Cth Commonwealth CW Act Clean Waters Act 1970 (rep) DG Act Dangerous Goods (Road and Rail Transport) Act 2008 EEC endangered ecological community EOP Act Environmental Offences and Penalties Act 1989 (rep) EPA Environment Protection Authority EPA Act Environmental Planning and Assessment Act 1979 EPL environment protection licence ESD ecologically sustainable development FM Act Fisheries Management Act 1994 ICO Intensive Correction Order J Act Justices Act 1902 (rep) JIRS Judicial Information Research System JOB Judicial Officers’ Bulletin LC Local Court LEC Land and Environment Court (NSW) MCCOC Model Criminal Code Officers Committee of the Standing Committee of Attorneys-General (also known as the Criminal Law Officers Committee) MP Act Marine Pollution Act 1987 (rep) NPW Act National Parks and Wildlife Act 1974 NV Act Native Vegetation Act 2003 NVC Act Native Vegetation Conservation Act 1997 (rep) OEH Office of Environment and Heritage (NSW) P Act Pesticides Act 1978 (rep) Pest. Act Pesticides Act 1999 P(O) Act Petroleum (Onshore) Act 1991 PC Act Pollution Control Act 1970 (rep) POEO Act Protection of the Environment Operations Act 1997 POEO(CA) Reg Protection of the Environment Operations (Clean Air) Regulation 2002 (rep) RFI Act Rivers and Foreshores Improvement Act 1948 (rep) RRT Act Road and Rail Transport (Dangerous Goods) Act 1997 (rep) TPO Tree preservation order WMM Act Waste Minimisation and Management Act 1995 (rep) Abbreviations