Other orders
117ABE Other orders
(1) On application only by the Minister or the CEO, the Supreme Court may make the following orders in relation to a contravention of this Act:
(a) if the contravention of this Act resulted in environmental harm – an order requiring the person who committed the contravention to:
(i) do a specified act or thing to remediate any specified environmental harm or to rehabilitate any aspect of the environment; and
(ii) if appropriate, do a specified act or thing to prevent or mitigate further environmental harm;
(b) if the Minister or the CEO incurred costs or expenses in doing an act or thing to prevent or mitigate environmental harm resulting from the contravention of this Act or to remediate or rehabilitate the environment as a result of environmental harm – an order against the person who committed the contravention for payment of the reasonable costs and expenses incurred in doing the act or thing.
(2) On application by a person referred to in section 117AA(1)(c) who suffered loss or damage as a result of a contravention of this Act, or incurred costs and expenses in doing an act or thing to prevent or mitigate that loss or damage, the Supreme Court may make an order against the person who committed the contravention for payment of:
compensation for the loss or damage; or
(b) the reasonable costs and expenses incurred in doing the act or thing.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.