353FOrders to forfeit monetary benefits

353F Orders to forfeit monetary benefits

353F Orders to forfeit monetary benefits

(1) The Land and Environment Court may, when dealing with an offence involving taking water, order an offender to pay one or more amounts estimated by the Court as monetary benefits obtained by the offender or a related person as a result of the offence.

(2) In estimating a monetary benefit obtained by an offender or a related person, the Court may take into account the following—

(a) the value of the water taken, determined using a prescribed methodology,

(b) the volume of water taken,

(c) additional revenue the Court reasonably considers the offender or a related person received from the sale of goods produced in connection with the offence,

(d) capital or operating costs for the offender or a related person that were delayed or avoided,

(e) a charge imposed by the Minister on the offender or a related person under—

(i) section 60G, or

(ii) section 91O,

(f) matters prescribed by the regulations,

(g) other matters the Court considers relevant.

(3) In this section—

related person includes a related person of a corporation.

s 353F: Ins 2008 No 73, Sch 3 [1]. Am 2009 No 106, Sch 4.31 [2]. Subst 2025 No 70, Sch 3[118].