61AHARemediation orders

61AHA Remediation orders

(1) If a person has engaged or is engaging in conduct that constitutes: (a) an offence against this Act; or (b) a contravention of a civil penalty provision; the Federal Court may, on application by the Minister, make an order (a remediation order) requiring the person to take action to prevent, repair or mitigate harm to the environment in the Marine Park that has been, might be or will be caused by the conduct. (2) In considering whether to grant a remediation order, the Federal Court must have regard to the following: (a) the nature and extent of the conduct referred to in subsection (1); (b) the nature and extent of the harm to the environment in the Marine Park that has been, might be or will be caused by the conduct; (c) the circumstances in which the person engaged in the conduct; (d) if the harm was, might be or will be caused in a zone—any objectives specified for the zone in its zoning plan; (e) whether the person has previously been found by a court in proceedings under this Act or under any other law of the Commonwealth or a State or Territory to have engaged in any similar conduct; (f) the cost to the person of taking the action; (g) any benefit (whether or not financial) that the person has obtained or might obtain as a result of engaging in the conduct. (3) A remediation order may specify the action that a person is to take in general terms (for example, requiring the person to take whatever action is necessary to prevent, repair or mitigate the harm) or in particular terms. (4) If the Federal Court makes a remediation order, it may also make an order requiring the person to provide security for the due taking of the required action.