Recovery of costs, expenses and compensation after offence proved
378ZB Recovery of costs, expenses and compensation after offence proved
If, after the court finds the offence proved—
the Crown or a public authority has incurred costs and expenses in connection with—
the prevention, control, abatement or mitigation of any harm to the environment caused by the commission of the offence, or
making good any resulting environmental damage, or
a person (including the Crown and a public authority) has, because of the commission of the offence, suffered loss of or damage to property or has incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, any such loss or damage,
the Crown, public authority or person may recover from the offender the costs and expenses incurred or the amount of the loss or damage in the Land and Environment Court.
The amount of any such costs and expenses (but not the amount of any such loss or damage) may be recovered as a debt in a court of competent jurisdiction.
However, a person may not recover an amount that would represent the value of minerals owned by that person that the offender had obtained by fossicking, prospecting operations or mining operations carried out with the consent of that person and in or in connection with the offence.
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