Environment Protection Act 2019
270Principles to be applied in imposing penalty for specified
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270 Principles to be applied in imposing penalty for specified When imposing a penalty on a person (the offender) for a specified environmental offence, the court must consider the following to the extent that they are relevant: (a) any benefit or likely benefit obtained by the offender in committing the offence and the desirability of fixing a penalty that outweighs the benefit or potential benefit of the conduct; (b) the extent of the environmental harm caused, including whether the harm is long-term, irreversible or cumulative; (c) whether there is a need to deter cumulative impacts of conduct of this kind by the offender and others; (d) the extent of any efforts by the offender to minimise or remediate the environmental harm; (e) the extent to which the offender made efforts to comply with the environmental approval; (f) any history of non-compliance by the offender with this Act; (g) whether there was deliberate concealment of the conduct or of the illegal nature of the conduct; (h) any other matters the court considers relevant.