63Orders by court against offenders

63 Orders by court against offenders

(1)  [Section 63 Subsection (1) amended by No. 45 of 2007, s. 20, Applied:29 Nov 2007] Where, in proceedings for an offence against this Act, the court finds the defendant guilty of a contravention of this Act, the court may, in addition to any penalty it may impose, do one or more of the following:

(a) order the person to take specified action to make good any resulting environmental damage and, if appropriate, to take specified action to prevent or mitigate further environmental harm;

(b) order the person to carry out a specified project for the restoration or enhancement of the environment in a public place or for the public benefit;

(c) order the person to take specified action to publicize the contravention and its environmental and other consequences and any other orders made against the person;

(d) order the person to pay–

(i) [Section 63 Subsection (1) amended by No. 45 of 2007, s. 20, Applied:29 Nov 2007] to the Board, the Director or any public authority that has incurred costs or expenses in taking action to prevent or mitigate the environmental harm or to make good any resulting environmental damage; and

(ii) to any person who has suffered loss or damage to property as a result of the contravention, or incurred costs or expenses in taking action to prevent or mitigate such loss or damage–

the reasonable costs and expenses so incurred, or compensation for the loss or damage so suffered, as the case may be, in such amount as is determined by the court.

(2)  The court may, by an order under this section, fix a period for compliance and impose any other requirements the court considers necessary or expedient for enforcement of the order.