ABSTRACT
This chapter examines the way in which the New South Wales Land and Environment Court (NSWLEC) approaches the task of determining criminal sentences for offenders who breach environmental laws involving nonhuman environmental entities such as flora and fauna. It shows that the NSWLEC has applied penalties that convey the message that environmental crimes are taken seriously by the Court. Sentencing is a core function of those courts invested with responsibility for adjudicating criminal cases. A penalty regime need not be solely about application of criminal penalties, since the overarching issue is how best to address matters pertaining to environmental harm as circumstances dictate. The sentencing practices of the Court are shaped by legislation that sets out the hierarchy of sanctions available within this jurisdiction. The practical experience of the NSWLEC can serve as an exemplar of good practice in dealing with environmental crime.
