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Environment Protection Act 1997
158Matters to be considered in imposing penalty
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158 Matters to be considered in imposing penalty
In imposing a penalty for an offence against this Act, a court must
take into consideration (in addition to any other matter the court
considers relevant)—
(a) the extent of the harm caused or likely to be caused to the
environment by the commission of the offence; and
(b) the practical measures that may be taken to prevent, control,
abate or mitigate that harm; and
(c) the extent to which the person who committed the offence could
reasonably have foreseen the harm caused or likely to be caused
to the environment by the commission of the offence; and
(d) the extent to which the person who committed the offence had
control over the causes that gave rise to the offence; and
(e) whether, in committing the offence, the person was complying
with orders from an employer or a supervising employee.