The Environmental Law Roundtable of Australia and New Zealand (ELRANZ) has been discussing the matter of penalty infringement notices for environmental offences. Their initial report states that:
In most jurisdictions [an] infringement notice can be applied to a breach of the fundamental purpose of the legislation. For example in NSW an infringement notice can be issued under the Environmental Planning and Assessment Act 1979 (“EPA Act”) for building development without consent under s 76A of the Act.
This report and subsequent discussion paper look at the problems, merits and appropriateness of infringement notices for environmental offences, resulting in 17 recommendations. For more information, visit the NELA website here.