95AERecovery of costs, expenses and compensation after offence proved

95AE Recovery of costs, expenses and compensation after offence proved

95AE Recovery of costs, expenses and compensation after offence proved

(1) This section applies if, after the court finds the offence proved—

(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

(b) a person, including a public authority, has—

(i) by reason of the commission of an offence, suffered loss of or damage to property, or

(ii) incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, the loss or damage.

(2) The person or public authority may recover from the offender the costs and expenses incurred or the amount of the loss or damage in the Land and Environment Court.

(3) The amount of any costs and expenses, but not the amount of any loss or damage, may be recovered as a debt.

s 95AE: Ins 2022 No 3, Sch 1[28].