NTIn ForceAct
Environment Protection Act 2019
240Orders as to damages on application of respondent
Start here
Get a plain-English read of 240
Turn the raw legal text into a practical explanation grounded in Environment Protection Act 2019.
240 Orders as to damages on application of respondent
(1) The court may make an order under this section if, in a proceeding
under this Division in relation to an alleged contravention of this Act,
the court determines:
(a) that the respondent has not contravened this Act; and
(b) that the respondent has suffered loss or damage as a result of
the actions of the applicant; and
(c) that in the circumstances it is appropriate to make an order
under this section.
(2) The court may, on the application of the respondent, and in addition
to any order as to costs, require the applicant to pay to the
respondent the amount determined by the court to compensate the
respondent for the loss or damage suffered by the respondent.