NSWIn ForceAct
Contaminated Land Management Act 1997
95ADOrders for costs, expenses and compensation at time offence proved
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#### 95AD Orders for costs, expenses and compensation at time offence proved
95AD Orders for costs, expenses and compensation at time offence proved
> > (1) This section applies if the court is satisfied that—
> >
> > > (a) a public authority has incurred costs and expenses in connection with—
> > >
> > > > (i) investigating, managing or remediating any contamination caused by the commission of an offence, or
> > >
> > > > (ii) addressing the risk of harm from the contamination, or
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> > > (b) a person, including a public authority, has—
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> > > > (i) by reason of the commission of an offence, suffered loss of or damage to property, or
> > >
> > > > (i) incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, the loss or damage.
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> > (2) The court may order the offender to pay to the public authority or person an amount, fixed by the order, representing—
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> > > (a) compensation for the loss or damage suffered, or
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> > > (b) the costs and expenses incurred.
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> > (3) An order made by the Land and Environment Court under subsection (2) is enforceable as if it were an order made by the Land and Environment Court in Class 4 proceedings under the [Land and Environment Court Act 1979](/view/html/inforce/current/act-1979-204).
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> > (4) The Local Court may not make an order under subsection (2) for the payment of an amount that exceeds the amount for which an order may be made by the Local Court when exercising jurisdiction under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028).
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> > (5) An order made by the Local Court is enforceable as if it were an order made by the Local Court when exercising jurisdiction under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028).
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> **s 95AD:** Ins 2022 No 3, Sch 1\[28\].