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Extending the range of alternative sentencing orders: it’s time to stop the business of pollution and waste offending

Journal Article


Abstract


  • Part 8.3 of the Protection of the Environment Opera-

    tions Act 1997 (NSW) (POEO Act) contains a number of

    alternative sentencing orders (ASOs) that can be imposed

    on pollution and waste offenders in addition to, or as an

    alternative to, fines and, if applicable, imprisonment

    (s 244). ASOs include options such as restoration or

    prevention orders, environmental payments and projects,

    publication orders, environmental audits, training orders,

    monetary benefit orders and orders to pay a regulatory

    authority’s investigation costs and expenses. The Land

    and Environment Court of NSW (LEC) regularly imposes

    some of these types of ASOs when sentencing offenders,

    principally environmental payment orders, publication

    orders and orders to pay investigation costs and expenses.

    ASOs provide the LEC with the ability to integrate

    restorative and preventative approaches into a sentenc-

    ing package, rather than simply imposing a fine which

    becomes part of consolidated revenue. Despite the

    benefits of the existing ASOs, the available orders in the

    POEO Act now lag behind other jurisdictions and NSW

    legislation which have additional ASOs available. This

    article considers two types of orders which could poten-

    tially be included within the POEO Act: prohibition (or

    banning) orders and supervisory orders. The article

    begins by briefly considering some recent case examples

    which highlight why the availability of further ASOs

    might be useful in other cases in the future. It then

    examines prohibition and supervisory orders in more

    detail.

Publication Date


  • 2018

Citation


  • S. Wright, 'Extending the range of alternative sentencing orders: it’s time to stop the business of pollution and waste offending' (2018) 33 (4) Australian Environment Review 91-94.

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/3607

Number Of Pages


  • 3

Start Page


  • 91

End Page


  • 94

Volume


  • 33

Issue


  • 4

Place Of Publication


  • Australia

Abstract


  • Part 8.3 of the Protection of the Environment Opera-

    tions Act 1997 (NSW) (POEO Act) contains a number of

    alternative sentencing orders (ASOs) that can be imposed

    on pollution and waste offenders in addition to, or as an

    alternative to, fines and, if applicable, imprisonment

    (s 244). ASOs include options such as restoration or

    prevention orders, environmental payments and projects,

    publication orders, environmental audits, training orders,

    monetary benefit orders and orders to pay a regulatory

    authority’s investigation costs and expenses. The Land

    and Environment Court of NSW (LEC) regularly imposes

    some of these types of ASOs when sentencing offenders,

    principally environmental payment orders, publication

    orders and orders to pay investigation costs and expenses.

    ASOs provide the LEC with the ability to integrate

    restorative and preventative approaches into a sentenc-

    ing package, rather than simply imposing a fine which

    becomes part of consolidated revenue. Despite the

    benefits of the existing ASOs, the available orders in the

    POEO Act now lag behind other jurisdictions and NSW

    legislation which have additional ASOs available. This

    article considers two types of orders which could poten-

    tially be included within the POEO Act: prohibition (or

    banning) orders and supervisory orders. The article

    begins by briefly considering some recent case examples

    which highlight why the availability of further ASOs

    might be useful in other cases in the future. It then

    examines prohibition and supervisory orders in more

    detail.

Publication Date


  • 2018

Citation


  • S. Wright, 'Extending the range of alternative sentencing orders: it’s time to stop the business of pollution and waste offending' (2018) 33 (4) Australian Environment Review 91-94.

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/3607

Number Of Pages


  • 3

Start Page


  • 91

End Page


  • 94

Volume


  • 33

Issue


  • 4

Place Of Publication


  • Australia