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Water Act 1992
105CSentencing matters
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105C Sentencing matters
(1) When imposing a penalty on a person for an offence against this
Act, the court must have regard to the following to the extent that
they are relevant:
(a) the impact of the offence on other persons' rights under this
Act;
(b) the market value of any water that has been lost, misused or
unlawfully taken because of the commission of the offence;
(c) the extent of the harm caused or likely to be caused to the
environment by the commission of the offence;
(d) the practical measures that may be taken to prevent, control,
abate or mitigate that harm;
(e) the extent to which the person could reasonably have
foreseen the harm caused or likely to be caused to the
environment by the commission of the offence;
(f) the extent to which the person had control over the causes of
the offence;
(g) the person's intentions in committing the offence;
(h) whether, in committing the offence, the person was complying
with orders from an employer or supervising employee.
(2) Subsection (1) does not limit the matters the court may consider.