Prosecution guidelines
- EPA Prosecution Guidelines (2001; revised 2004) set out the factors the EPA takes into account in deciding whether, how and in what court to prosecute those who offend against the State's environment protection legislation. The guidelines were developed and first published by the EPA Board in 1993. As a result of changes to legislation affecting the EPA and the enactment of the Protection of the Environment Operations Act 1997, the guidelines were revised in 2001. In 2004 those guidelines were revised (Section A1 and Section B: 3.11 added) to take into acccount the incorporation of the EPA into the new Department of Environment and Conservation (DEC) and the appointment of the Director-General of the DEC as the Chief Executive of the Sydney Catchment Authority (SCA). Any decision to prosecute the DEC or SCA will be taken in accordance with the guidelines.
- EPA Guidelines for Seeking Environmental Court Orders (2003) deal with sentencing options available for environmental offences, including investigation costs orders, publication orders and environmental service orders. The guidelines discuss the EPA's view of the purpose of the orders, and the principles it will take into account in deciding whether to seek one or more of the orders in its prosecutions.
Page last updated: 21 February 2008