Skip to start of content

Home → Publications → Reports → AIC conference proceedings → 26 → Old wine in new bottles : difficulties in the application of general principles of criminal law to environmental law

Conference papers

Old wine in new bottles : difficulties in the application of general principles of criminal law to environmental law

Zada Lipman
Senior Lecturer/Director, Environmental Law Centre, School of Law, Macquarie University

Published in:
Environmental crime : proceedings of a conference held 1-3 September 1993, Hobart
Neil Gunningham, Jennifer Norberry, and Sandra McKillop (eds.)
ISBN 0 642 21348 8 ; ISSN 1034-5086
Canberra: Australian Institute of Criminology, 1995
(AIC Conference Proceedings; no. 26)

Abstract

Lipman considers the difficulties in applying general principles of criminal law to environmental law in relation to NSW's Environmental Offences and Penalties Act. She focuses on the application of mens rea and discusses liability, divergences from traditional criminal law, and the privilege against self incrimination. She suggests a mix of civil and criminal law would be more effective in encouraging the proactive change required to prevent pollution.