Restorative justice intervention in an environmental and planning law context : Applicability to civil enforcement proceedings
Hamilton, Mark. (2016). Restorative justice intervention in an environmental and planning law context : Applicability to civil enforcement proceedings. Environmental and Planning Law Journal. 33(5), pp. 487-501.
The NSW Land and Environment Court has broad power to “remedy and restrain” breaches of environmental protection legislation. This broad power, combined with the lower standard of proof required to prove a civil breach, make civil enforcement proceedings a viable alternative to criminal prosecution. This article proffers restorative justice conferencing as the ideal vehicle through which remedy and restrain orders can be formulated. Such conferencing fulfilling communicative, educative, resolving and integrative functions results in remedy and restrain orders which are truly “restorative”.
|Journal||Environmental and Planning Law Journal|
|Journal citation||33 (5), pp. 487-501|
|Web address (URL)||https://anzlaw.thomsonreuters.com/Document/I5dbbfdff683811ea9466e69956ff701d/View/FullText.html?transitionType=Default&contextData=(sc.Default)&VR=3.0&RS=cblt1.0|
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|Deposited||17 May 2023|
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