VICIn ForceAct
Environment Protection Act 2017
120Court may order person to remove waste
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120 Court may order person to remove waste
(1) If a Court finds a person guilty of an offence against this Part, the Court may—
(a) instead of, or in addition to, any other penalty, order the person to do one of the following actions within a specified time and under the supervision of a person nominated by the Court (***the supervisor***)—
(i) to clear away and remove waste deposited by the person;
(ii) to clear away and remove waste deposited in or on any land or waters; or
(b) in addition to any other penalty, order the person to pay a sum of compensation for the removal of the waste to another person who, or a body which, has management or control of the land or waters where the offence occurred.
(2) In addition to an order made under subsection (1)(a), the Court may also order that if the person contravenes the order made under subsection (1)(a), the person must pay a fine of not more than 40 penalty units.
(3) The following apply to an order made under subsection (1)(a)—
(a) if the person complies with the order—the supervisor must send a statement to that effect to the person;
(b) if the person contravenes the order—the Court may, on the application of the supervisor—
(i) issue a summons requiring the person to show cause as to why the fine referred to in subsection (2) should not be imposed on the person; and
(ii) make any order under this Act which it considers appropriate in respect of the person.
(4) An order made under subsection (1)(b) to pay a sum of compensation is to be treated as a debt due to a person who, or a body which, has management or control of the land or waters where the offence occurred.
S. 121 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).