99Additional orders

#### 99 Additional orders 99 Additional orders > > (1) The court may do 1 or more of the following— > > > > > (a) order the offender not to use a particular pesticide or a pesticide of a particular class, > > > > > (b) order the offender to take specified action to publicise 1 or more of the following— > > > > > > > (i) the offence, including the circumstances of the offence, > > > > > > > (ii) the environmental and other consequences of the offence, > > > > > > > (iii) any other orders made against the person in relation to the offence, > > > > > (c) order the offender to take specified action to notify specified persons, or specified classes of persons of 1 or more of the following— > > > > > > > (i) the offence, including the circumstances of the offence, > > > > > > > (ii) the environmental and other consequences of the offence, > > > > > > > (iii) orders made against the person in relation to the offence, > > > > > > Examples of specified action to notify specified persons— > > > > > > Publishing of the information in an annual report or other notice to the shareholders of a company, or giving written notice to persons aggrieved or affected by the offender’s conduct. > > > > > (d) order the offender to carry out a specified project for the restoration or enhancement of the environment in a public place or for the public benefit, > > > > > (e) order the offender to carry out a specified environmental audit of activities carried on by the offender, > > > > > (f) order the offender to pay a specified amount to the Environmental Trust established under the [Environmental Trust Act 1998](/view/html/inforce/current/act-1998-082), or a specified organisation, for— > > > > > > > (i) the purposes of a specified project for the restoration or enhancement of the environment, or > > > > > > > (ii) general environmental purposes, > > > > > (g) order the offender to attend, or to cause employees or contractors of the offender to attend, a training or other course specified by the court, > > > > > (h) order the offender to establish, for employees or contractors of the offender, a training course of a kind specified by the court, > > > > > (i) if the Environment Protection Authority is a party to the proceedings and the court orders the offender to carry out a specified work or program for the restoration or enhancement of the environment—order the offender to provide a financial assurance, of a form and amount specified by the court, to the Environment Protection Authority. > > > (2) Without limiting subsection (1)(d), the court may order the offender to carry out a social or community activity for the benefit of the community or persons that are adversely affected by the offence (a restorative justice activity) that the offender has agreed to carry out. > > > (3) The Local Court is not authorised to make an order referred to in subsection (1)(d), (e), (f) or (i) or (2). > > > (4) The court may, in an order under this section— > > > > > (a) fix a period for compliance with the requirements under the order, and > > > > > (b) impose other requirements the court considers necessary or expedient for enforcement of the order. > > > (5) If the offender fails to comply with an order under subsection (1)(b) or (c), the prosecutor, or a person authorised by the prosecutor, may take action to carry out the order as far as practicable, including action to publicise or notify— > > > > > (a) the original contravention, the environmental and other consequences of the contravention, and any other penalties imposed on the offender, and > > > > > (b) the failure of the offender to comply with the order. > > > (6) The reasonable cost of taking action referred to in subsection (5) is recoverable by the prosecutor or person taking the action, in a court of competent jurisdiction, as a debt from the offender. > > **s 99:** Am 2007 No 94, Sch 3. Subst 2022 No 3, Sch 3\[8\].