Environment Protection and Biodiversity Conservation Act 1999

A person (the wrongdoer) who contravenes this Act or the regulations is liable to pay to another person (the affected party) who suffers loss or damage arising from the contravention an amount equal to the other person’s loss or damage.

Without limiting the amount payable under subsection (1), the loss or damage a person suffers from a contravention of this Act or the regulations includes the expenses and liabilities (if any) reasonably incurred by the affected party to:

repair or remove any condition that arises from the act or omission constituting the contravention and relates to:

the environment; or

if the contravention was of a provision of Part 3—the matter protected by the provision; or

mitigate any damage that arises from the act or omission constituting the contravention and relates to:

the environment; or

if the contravention was of a provision of Part 3—the matter protected by the provision; or

prevent any damage likely to arise from the act or omission constituting the contravention and relates to:

the environment; or

if the contravention was of a provision of Part 3—the matter protected by the provision.

This makes the person who contravenes the Act liable to pay the Commonwealth the expenses reasonably incurred in taking steps under section 499 in relation to the contravention.

An amount payable under subsection (1) is a debt due to the affected party, recoverable in a court of competent jurisdiction.

If 2 or more persons are liable under subsection (1) to pay an amount in respect of the same loss or damage, those persons are jointly and severally liable to pay the sum.

A finding by a court in criminal proceedings or civil proceedings that the wrongdoer contravened this Act or the regulations is admissible as evidence of that fact in proceedings to recover an amount payable under subsection (1).

This section applies:

whether or not the contravention was an offence; and

whether or not the provision contravened is a civil penalty provision.

This section does not apply to a decision (or a failure to make a decision or conduct for the purposes of making a decision) purportedly under this Act or the regulations that contravenes this Act or the regulations.