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PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 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,
(f) the presence of asbestos in the environment.
(2) The court may take into consideration other matters that it considers
relevant.
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