New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 11.7

11.7 Maximum penalties for certain significant offences

(1) Application of section This section applies to an offence against a provision of this Act if the provision provides for the maximum penalty for the offence to be determined under this section.

(2) Category 1 offence An offence is a
"category 1 offence" if the prosecution establishes (to the criminal standard of proof) that--

(a) the offence was committed intentionally, and

(b) the offence caused or contributed to, or was likely to cause or contribute to, significant harm to Crown land or persons or animals on Crown land.

(3)
"Significant harm" includes, but is not limited to, pollution or contamination.

(4) The maximum penalty for a category 1 offence is--

(a) for a corporation--2,000 penalty units and, for a continuing offence, a further penalty of 200 penalty units for each day the offence continues, or

(b) for an individual--1,000 penalty units and, for a continuing offence, a further penalty of 100 penalty units for each day the offence continues.

(5) Category 2 offence Any other offence is a
"category 2 offence" .

(6) The maximum penalty for a category 2 offence is--

(a) for a corporation--200 penalty units and, for a continuing offence, a further penalty of 20 penalty units for each day the offence continues, or

(b) for an individual--100 penalty units and, for a continuing offence, a further penalty of 10 penalty units for each day the offence continues.

(7) Proceedings for category 1 or category 2 offences If conduct can constitute both a category 1 offence and a category 2 offence against the same section of this Act--

(a) a person cannot be found guilty of a category 1 offence in respect of that conduct unless the court attendance notice specifies that the offence is alleged to be a category 1 offence and the factors that are alleged to make the offence a category 1 offence, and

(b) a person cannot be found guilty of both a category 1 offence and a category 2 offence against the section in respect of the same conduct.

(8) In proceedings for a category 1 offence, if the court is not satisfied that the offence is proven, but is satisfied that the person committed a category 2 offence against the same section of this Act, the court may find the person guilty of that category 2 offence. The person is liable to punishment accordingly.

(9) Subsection (8) does not apply if the proceedings for the category 1 offence were commenced more than 2 years after the date on which the offence is alleged to have been committed or first came to the attention of an authorised officer (whichever is the later).

Note--: See section 11.2 (Time for commencement of proceedings for offences).