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Environment Protection Act 2019
271Additional court orders where specified environmental offence
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271 Additional court orders where specified environmental offence
proved
(1) If a person (the offender) is found guilty of a specified
environmental offence, the court may, having regard to the nature
of the offence and the circumstances of the offence, make any
orders it considers appropriate including the following:
(a) an order that the offender must take specified measures within
a specified time:
(i) to prevent the offence occurring again; or
(ii) to remediate any environmental harm resulting from the
offence; or
(iii) to rehabilitate the environment as a result of any
environmental harm resulting from the offence; or
Environment Protection Act 2019 236
(iv) to enhance the environment in an area for public benefit;
(b) an order requiring the offender to compensate the CEO for the
costs of taking any remedial or preventive action that was
made necessary as a result of the act or omission that
constituted the offence;
(c) an order directing the offender to pay to the CEO an amount
that the court estimates will not exceed the financial, monetary
or economic benefit that the offender or a person associated
with the offender has gained or can reasonably be expected to
gain as a result of the commission of the offence;
(d) an order directing the offender to pay an amount in
compensation to any person who has suffered loss or damage
as a result of the commission of the offence;
(e) an order requiring the offender to publicise the offence and the
environmental consequences in a specified manner.
(2) An order under this section is in addition to any other order that the
court may make under this Act or the Sentencing Act 1995.