Land and Environment Court of NSW

Class 5 - Criminal proceedings

Proceedings in Class 5 involve:


Proceeedings

Proceedings in Class 5 involve summary criminal enforcement proceedings, usually by government authorities prosecuting offences against planning or environmental laws.

Class 5 prosecutions are heard by a judge without a jury.

Practice and procedure

Practice and procedure in Class 5 matters can be found in Practice Note Class 5 proceedings. (PDF , 218.7 KB)

Fast facts

Of the new prosecutions commenced in 2022:

  • 41% were by the Environment Protection Authority
  • 4% were by local councils
  • 27% were by the Department of Planning and Environment
  • 31% were by the Natural Resources Access Regulator.

Of the prosecutions determined by the Court in 2022:

  • 29% involved a guilty plea
  • 50% involved a not guilty plea
  • 21% involved no plea.

Of the prosecutions determined by the Court in 2022:

  • 27% resulted in a conviction
  • 5% resulted in an acquittal
  • 68% were withdrawn by the prosecutor.

The penalties imposed included fines, orders to pay clean up or investigation costs, publication orders and environmental service orders. Fines ranged from $10,000 to $540,000.

In 2022, 55% of Class 5 prosecutions were finalised within 16 months of commencement. The median completion time was 477 days.

Criminal proceedings
Criminal proceedings
In 2022, Class 5 prosecutions were 14% of the Court's finalised caseload.
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