Environmental Planning and Assessment Act 1979 No 203
Current version for 8 March 2013 to date (accessed 22 May 2013 at 15:01)
126 Penalties
(1) A person guilty of an offence against this Act shall, for every
such offence, be liable to the penalty expressly imposed and if no penalty is
so imposed to a penalty not exceeding 10,000 penalty units and to a further
daily penalty not exceeding 1,000 penalty units.
(2) A person guilty of an offence against the regulations is, for
every such offence, liable to:(a) the penalty (not exceeding 1,000 penalty units) expressly imposed
by the regulations, or
(b) if no such penalty is imposed, to a penalty not exceeding 1,000
penalty units.
(3) Where a person is guilty of an offence involving the destruction
of or damage to a tree or vegetation, the court dealing with the offence may,
in addition to or in substitution for any pecuniary penalty imposed or liable
to be imposed, direct that person:(a) to plant new trees and vegetation and maintain those trees and
vegetation to a mature growth, and
(b) to provide security for the performance of any obligation imposed
under paragraph (a).
(4) In determining the sentence for a person who has previously been
found guilty of an offence that arises from a failure to comply with a brothel
closure order within the meaning of section 121ZR or the unlawful use of
premises for the purposes of a brothel, a court must take into account the
fact of the previous offence as an aggravating factor and is, accordingly, to
impose a higher sentence than it would otherwise
impose.