NSWIn ForceAct
Contaminated Land Management Act 1997
97Matters to be considered in imposing penalty
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#### 97 Matters to be considered in imposing penalty
97 Matters to be considered in imposing penalty
> > (1) In imposing a penalty for an offence against this Act or the regulations, a court is to take into consideration the following (so far as they are relevant)—
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> > > (a) the extent of the harm already caused or likely to be caused by the commission of the offence,
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> > > (b) the degree of risk that harm will be caused by the commission of the offence,
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> > > (c) the practical measures that may be taken to prevent, control, abate or mitigate that harm,
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> > > (d) the extent to which the person who committed the offence could reasonably have foreseen the harm caused or likely to be caused by the commission of the offence,
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> > > (e) the extent to which the person who committed the offence had control over the causes that gave rise to the offence,
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> > > (f) whether, in committing the offence, the person was complying with orders from an employer or supervising employee.
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> > (2) The court may take into consideration other matters that it considers relevant.