The concept of an implied public trust should not be grafted onto the statutory scheme for breach of environment protection licence conditions under s 64 of the POEO Act; the seriousness of the offence is sufficiently evident from the statutory scheme and the magnitude of the penalty. A defendant's status as a public body is neither an aggravating nor a mitigating factor in sentencing for environmental offences. Monitoring conditions are substantive obligations implementing a precautionary and adaptive management approach, not merely administrative requirements.
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