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Environment Protection Act 1997
157Additional court orders
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157 Additional court orders
(1) If a court finds a person guilty of an offence against this Act that
resulted in environmental harm or likely environmental harm
(whether or not the causing of environmental harm or likely
environmental harm was an element of the offence), in addition to
any penalty it may impose, the court may—
(a) order the person to take specified action to remedy or mitigate
the environmental harm or likely environmental harm and, if
appropriate, specified action to prevent further environmental
harm or likely environmental harm; or
(b) order the person to carry out specified action for the restoration
or enhancement of the environment in a public place or for the
public benefit; or
(c) order the person to take specified action to publicise—
(i) the contravention and its environmental and other
consequences; and
(ii) any other orders made against the person; or
(d) order the person to pay the amount decided by the court—
(i) to the Territory for any reasonable costs and expenses
incurred by the Territory in taking action to remedy or
mitigate the environmental harm or likely environmental
harm or prevent further harm; or
(ii) to any other person as compensation for any injury, loss or
damage to property as a result of the contravention or for
costs reasonably incurred by the person in taking action to
prevent or mitigate such injury, loss or damage;
and may make any other orders that the court considers necessary or
convenient for the enforcement of an order under this section.
(2) If the court finds a person guilty of an offence against this Act, the
court may, on the application of the authority, make 1 or more of the
following orders:
(a) that the person pay the reasonable costs and expenses of the
authority incurred in relation to taking samples, conducting tests
or collecting other evidence for the purposes of the proceeding;
(b) that the person pay the legal costs of the authority incurred in
relation to conducting the proceeding;
(c) that the person pay any other specified costs or expenses
incurred by the authority in relation to conducting the
proceeding.