46Offence to contravene conservation covenant

### 46 Offence to contravene conservation covenant > > (1)  A person against whom a conservation covenant is enforceable must not contravene that covenant. > > > > Penalty:  Fine not exceeding 100 penalty units. > > > (2)  A court that convicts a person of an offence under [subsection (1)](#GS46@Gs1@EN) , in addition to any penalty it imposes under that subsection – > > > > > > (a) must order that person to pay to the Crown the amount the court considers appropriate having regard to any compensation that has been paid to that person, or to any previous owner of the land that is subject to the covenant, by virtue of the covenant; and > > > > > > > (b) may order that person to pay to the Crown the amount the court considers appropriate having regard to any loss, or costs, incurred by the Crown as a result of the breach of the covenant; and > > > > > > > (c) must order that person to pay to the Crown the amount the court considers appropriate of any financial gain made by that person as a result of or in connection with the breach of the covenant.