86Orders for compensation at time offence proved

#### 86 Orders for compensation at time offence proved 86 Orders for compensation at time offence proved (1916 Act, s 48) > > (1) This section applies where a court convicts a person of an offence under this Act or the regulations. > > > (2) The court may, if it appears to the court that the Corporation or the land manager of a forestry area has, by reason of the commission of the offence— > > > > > (a) suffered loss or damage to any land or property owned by or under the control or management of the Corporation or the land manager, or > > > > > (b) incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, any such loss or damage, > > > > order the offender to pay to the Corporation or the land manager (as the case requires) the costs and expenses so incurred, or compensation for the loss or damage so suffered, in such amount as is fixed by the order. > > > (3) Without limiting subsection (2), if— > > > > > (a) the offence involved the taking or destruction of any timber, forest products or forest materials, and > > > > > (b) the Corporation has certified the amount that it determines would have been payable by way of a resource acquisition fee if the timber, forest products or forest materials had been taken under the authority of a timber licence, forest products licence or forest materials licence, > > > > the court may order payment by the offender to the Corporation of that amount. > > > (4) A court may not make an order under this section for the payment of an amount that exceeds the amount for which an order may be made by the court when exercising jurisdiction under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028). An order made by the court is enforceable as if it were an order made by the court when exercising jurisdiction under that Act. > > > (5) Orders may be made under this section in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence concerned. > > > (6) Orders may be made under this section regardless of whether any penalty is imposed, or other action taken, in relation to the offence concerned. > > > (7) If an amount is ordered to be paid to the Corporation under subsection (3), section 53 applies in respect of an amount paid under the order as if it were a resource acquisition fee paid to the Corporation under section 49. However, this subsection does not require the Corporation, in respect of an amount paid under any such order, to make a payment out of the amount to the person by whom the amount was paid. > > > (8) In this section, a reference to the conviction of a person includes a reference to the making of an order in respect of a person under section 10 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092). > > > (9) In this section— > > > > court means the court that convicts a person of the offence concerned. > > > > offender means the person who is convicted of the offence.