For offences of felling or lopping trees contrary to tree preservation orders under s 125(1) of the Environmental Planning and Assessment Act 1979 (NSW), sentences in the order of $10,000 to $25,000 are within the appropriate range. The penalty notice amount of $600 is irrelevant once a defendant elects to have the matter dealt with by a court; the maximum penalty is $1,100,000 and the Local Court jurisdictional limit is $110,000. General deterrence is a major consideration in sentencing for such offences, and the prevalence of tree lopping offences in coastal areas increases the weight to be given to general deterrence. A plea of guilty at the earliest opportunity attracts a 25% discount for utilitarian value, which is not to be reduced by reference to the strength of the prosecution case.
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