364AMatters to be considered in imposing penalty

#### 364A Matters to be considered in imposing penalty 364A Matters to be considered in imposing penalty > > (1) In imposing a penalty on a person 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 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 as a consequence of the commission of the offence, > > > > > (b1) the impact, likely impact or potential impact of the offence on the spiritual, social, customary or economic use or value of land and water by or for Aboriginal people, > > > > > (b2) for an offence with an impact, likely impact or potential impact on the spiritual, social, customary or economic use or value of land and water by or for Aboriginal people—the views of Aboriginal persons impacted or likely to be impacted, > > > > > (c) the harm, likely harm or potential harm to the environment, including, in particular, to a water source or waterfront land, by the commission of the offence, > > > > > (d) the practical measures that may be taken to prevent, control, abate or mitigate the harm, likely harm or potential harm, > > > > > (e) the extent to which the person could reasonably have foreseen the harm, likely harm or potential harm to the environment by the commission of the offence, > > > > > (f) the extent to which the person had control over the causes that gave rise to the offence, > > > > > (g) whether the offence was committed during a severe water shortage or an extreme event, including while an order is in force under section 49A, 49B or 324, > > > > > (h) the person’s intentions in committing the offence, > > > > > (i) whether, in committing the offence, the person was complying with orders from an employer or supervising employee, > > > > > (j) in the case of an offence of taking water in contravention of this Act, whether the water so taken had been released for environmental purposes and, if so, whether the person was aware of that fact, > > > > > (k) action taken under section 60G for substantially the same conduct, > > > > > (l) a charge imposed on the person under section 91O for substantially the same conduct, > > > > > (m) a civil penalty order made against the person for substantially the same conduct. > > > (2) The court may take into consideration other matters that it considers relevant. > > **s 364A:** Ins 2008 No 73, Sch 1 \[10\]. Am 2018 No 31, Sch 1 \[68\] \[69\]; 2025 No 70, Sch 3\[128\]–\[132\].