241Matters to be considered in imposing penalty

241 Matters to be considered in imposing penalty

241 Matters to be considered in imposing penalty

(1) In imposing a penalty for an offence against this Act or the regulations, the court is to take into consideration the following (so far as they are relevant)—

(a) the extent of the harm caused or likely to be caused to the environment by the commission of the offence,

(b) the practical measures that may be taken to prevent, control, abate or mitigate that harm,

(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,

(d) the extent to which the person who committed the offence had control over the causes that gave rise to the offence,

(e) whether, in committing the offence, the person was complying with orders from an employer or supervising employee,

(e1) the impact of the offence on Aboriginal cultural values and practices, including impacts on lands, skies, waters, plant and animal species and seas, having regard to the spiritual and cultural significance of the impact of the offence,

(e2) environmental justice principles,

(f) the presence of asbestos in the environment.

(2) The court may take into consideration other matters that it considers relevant.

(3) In this section—

environmental justice principles means principles intended to prevent or minimise, or have the effect of preventing or minimising, the disproportionate impact of environmental harm on vulnerable or disadvantaged communities or persons.

s 241: Am 2018 No 80, Sch 1[11]; 2025 No 58, Sch 9[53] [54].