Additional court orders where specified environmental offence proved
271 Additional court orders where specified environmental offence proved
(1) If a person (the offender) is found guilty of a specified environmental offence, the court may, having regard to the nature of the offence and the circumstances of the offence, make any orders it considers appropriate including the following:
(a) an order that the offender must take specified measures within a specified time:
to prevent the offence occurring again; or
(ii) to remediate any environmental harm resulting from the offence; or
(iii) to rehabilitate the environment as a result of any environmental harm resulting from the offence; or
to enhance the environment in an area for public benefit;
(b) an order requiring the offender to compensate the CEO for the costs of taking any remedial or preventive action that was made necessary as a result of the act or omission that constituted the offence;
(c) an order directing the offender to pay to the CEO an amount that the court estimates will not exceed the financial, monetary or economic benefit that the offender or a person associated with the offender has gained or can reasonably be expected to gain as a result of the commission of the offence;
(d) an order directing the offender to pay an amount in compensation to any person who has suffered loss or damage as a result of the commission of the offence;
(e) an order requiring the offender to publicise the offence and the environmental consequences in a specified manner.
(2) An order under this section is in addition to any other order that the court may make under this Act or the Sentencing Act 1995.
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.