Restorative justice intervention in an environmental and planning law context : Applicability to civil enforcement proceedings

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”.