The Potential of Alternatives to Environmental Prosecution
摘要
“Environmental crime” consists of a cluster of illegal activity, broadly comprising crimes against the environment (pollution, clearing of native vegetation), crimes against planning (development without consent), and crimes against aboriginal cultural heritage (destruction of aboriginal objects and places). In response to environmental crime, there are several options that a regulatory authority (such as a local council, Environment Protection Authority, or government department) may take. Which option is chosen will depend on the offending, how to use finite resources, and prosecutorial guidelines. Predicated on the limitations of environmental prosecution, this chapter explores four alternatives to environmental prosecution: civil enforcement proceedings; enforceable undertakings; deferred prosecution; and the front-end model of restorative justice conferencing.