NSWIn ForceAct
Fisheries Management Act 1994
282JPower of court to make restoration order
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#### 282J Power of court to make restoration order
282J Power of court to make restoration order
> > (1) A court that convicts a person of a serious fisheries offence may, if satisfied that the offence has caused damage to a fishery resource, order the person to carry out such actions as the court considers necessary to mitigate or rectify the damage.
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> > (2) The court may specify the actions to be carried out and may order the person to maintain the area the subject of the actions until those actions have been fully performed.
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> > (3) The court may order the person to provide security for the performance of any obligation imposed under this section.
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> > (4) A court may make an order under this section in addition to or in substitution for any monetary penalty for the offence.
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> > (5) If the requirements of an order under this section are not complied with within the period specified in it, the Minister—
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> > > (a) may cause the actions specified in the order to be carried out, and
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> > > (b) may claim or realise any security provided under this section by the person against whom the order was made to meet the reasonable costs of carrying out the actions specified in the order, and
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> > > (c) may, by proceedings brought in a court of competent jurisdiction, recover as a debt from the person against whom the order was made the reasonable costs of carrying out the actions specified in the order (or the balance of those costs after claiming or realising any security provided by the person).
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> **s 282J:** Ins 2009 No 114, Sch 1 \[137\].