Fairness, justice and repairing environmental harm; reconciling the reparative approach to the sentencing of environmental crimes with sentencing principles

The criminal jurisdiction of the NSW Land and Environment Court (NSWLEC) is recognised for its harm-focused and problem-solving approach to sentencing environmental crimes. Orders for legal costs have recently been identified as an impediment to transparent, consistent and proportionate sentencing in the criminal jurisdiction of the NSWLEC. This article considers that finding and extends it to other aspects of NSWLEC sentencing practice. It finds that remediation and publication orders imposed by the NSWLEC as part of a sentence for a criminal offence create the same impediment to transparent, consistent and proportionate sentencing. These orders are an important aspect of the NSWLEC's harm-focused and problem-solving approach to sentencing. Reforms to reconcile them with sentencing principles are proposed.