378ZFAOrder for recovery of costs related to prospecting or mining without authorisation

#### 378ZFA Order for recovery of costs related to prospecting or mining without authorisation 378ZFA Order for recovery of costs related to prospecting or mining without authorisation > > (1) The Land and Environment Court or the Local Court may make an order under this section if the court is satisfied, on the balance of probabilities, that a person has prospected for or mined for a mineral otherwise than in accordance with an authorisation. > > > (2) The Land and Environment Court or the Local Court may order a person to pay to a government agency or person costs and expenses incurred, or compensation for loss or damage suffered, as the case may be, in such amount as is fixed by the order, if it appears to the court that— > > > > > (a) a government agency has incurred costs and expenses in connection with— > > > > > > > (i) the prevention, control, mitigation or management of any environmental impact caused by the prospecting or mining, or > > > > > > > (ii) rehabilitating land or water damaged or affected by the prospecting or mining, or > > > > > (b) a person (including a government agency) has, by reason of the prospecting or mining, suffered loss of or damage to property or has incurred costs and expenses in preventing, controlling, mitigating or managing any such loss or damage, or attempting to do so. > > > (3) However, the court is not to make an order for payment to a person under the section to the extent that the payment would represent the value of minerals extracted by that person without title that the person who carried out the suspected unlawful prospecting or mining had obtained by fossicking, prospecting operations or mining operations carried out with the consent of that person and in connection with the suspected contravention. > > > (4) An order made by the Local Court under this section 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). > > > (5) An order made by the Land and Environment Court under this section 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). > > > (6) The Local Court may not make an order under this section for the payment of an amount that exceeds the jurisdictional limit of the Local Court under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028). > > > (7) The court may make an order under this section whether or not the person against whom the order is made— > > > > > (a) has been convicted of an offence under this Act in relation to the prospecting or mining, or > > > > > (b) has been issued with a penalty notice under this Act in relation to the prospecting or mining, and whether or not the amount of penalty prescribed for the offence has been paid under any such penalty notice, or > > > > > (c) has had any other action taken against the person in respect of an offence under this Act in relation to the prospecting or mining. > > > (8) This section does not prevent the taking of proceedings for an offence of prospecting or mining for a mineral except in accordance with an authorisation. > > **pt 17A, div 4A (s 378ZFA):** Ins 2015 No 40, Sch 1 \[124\].