378ZAOrders for costs, expenses and compensation at time offence proved

#### 378ZA Orders for costs, expenses and compensation at time offence proved 378ZA Orders for costs, expenses and compensation at time offence proved > > (1) The court may, if it appears to the court that— > > > > > (a) the Crown or a public authority has incurred costs and expenses in connection with— > > > > > > > (i) the prevention, control, abatement or mitigation of any harm to the environment caused by the commission of the offence, or > > > > > > > (ii) making good any resulting environmental damage, or > > > > > (b) the Crown or another person or a public authority has, because of the commission of the offence, suffered loss of or damage to property or has 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 Crown, public authority or person the costs and expenses so incurred, or compensation for the loss or damage so suffered, as the case may be, in such amount as is fixed by the order. > > > (2) However, a court is not to make an order for payment to a person under subsection (1) to the extent that the payment would represent the value of minerals owned by that person that the offender had obtained by fossicking, prospecting operations or mining operations carried out with the consent of that person and in or in connection with the offence. > > > (3) An order made by the Local Court under subsection (1) is enforceable as if it were an order made by the court when exercising jurisdiction under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028). > > > (4) An order made by the Land and Environment Court under subsection (1) is enforceable as if it were an order made by the Court in Class 4 proceedings under the [Land and Environment Court Act 1979](/view/html/inforce/current/act-1979-204). > > > (5) The Local Court is not to make an order under subsection (1) 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). > > **s 378ZA:** Ins 2008 No 19, Sch 1 \[258\] (am 2008 No 107, Sch 20 \[14\]).