A conviction without further penalty under s 10A(1) may be appropriate for a strict liability environmental offence where the offender genuinely and not unreasonably believed council approval had been obtained, is of excellent character, cooperated fully, pleaded guilty at the earliest opportunity, and has very limited means. However, general deterrence considerations may preclude a discharge without conviction under s 10 even in such circumstances, in order to educate contractors to take prudent steps to verify that necessary approvals have been obtained.
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