Mining Act 1992

The court may order the offender to pay, as an additional penalty for committing the offence, an amount that the court is satisfied, on the balance of probabilities, represents the amount of any monetary benefits acquired by the offender, or accrued or accruing to the offender, as a result of the commission of the offence.

However, in calculating the amount of these monetary benefits, the court is to exclude any monetary benefits acquired in connection with the fossicking or prospecting for, or the mining of, privately owned minerals.

The amount of an additional penalty for an offence is not subject to any maximum amount of penalty provided elsewhere by or under this Act.

In this section—

monetary benefits means monetary, financial or economic benefits.

the court does not include the Local Court.