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

Hamilton, Mark
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Author
Hamilton, Mark
Abstract
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”.
Keywords
Date
2016
Type
Journal article
Journal
Environmental and Planning Law Journal
Book
Volume
33
Issue
5
Page Range
487-501
Article Number
ACU Department
Thomas More Law School
Faculty of Law and Business
Collections
Thomas More Law School
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URI
https://hdl.handle.net/20.500.14802/6917
Relation URI
DOI
Source 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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Open Access Status
License
All rights reserved
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Controlled
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