New South Wales Consolidated Acts New South Wales Consolidated Acts(cf previous s 126)
(2A) Part 8.3 of the Protection of the Environment Operations Act 1997 (Court orders in connection with offences) applies to an offence against this Act or the regulations in the same way as it applies to an offence against that Act or the regulations under that Act, but only in relation to proceedings before the Court and subject to any modifications prescribed by the regulations under this Act.Note : An offence under section 251 of that Act in relation to an order will become an offence against this Act.
(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 Part 3 of Schedule 5 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.