Court may make particular orders
502 Court may make particular orders
This section applies if, in a proceeding for an offence against this Act—
the court finds the defendant has caused environmental harm by a contravention of this Act that constitutes an offence; or
the court finds the defendant has committed an offence against any of the following—
section 426;
section 430;
section 435A;
section 440ZG.
The court may, on application by the prosecution, make 1 or more of the following orders against the defendant—
a rehabilitation or restoration order;
a public benefit order;
an education order;
a monetary benefit order;
a notification order.
The court may, in making an order under subsection (2), impose any other requirements the court considers necessary or desirable for enforcement of the order.
Subsection (4) applies if the court finds that, because of the act or omission constituting the offence, another person has—
suffered loss of income; or
suffered a reduction in the value of, or damage to, property; or
incurred costs or expenses in replacing or repairing property, or in preventing or minimising, or attempting to prevent or minimise, a loss, reduction or damage mentioned in paragraph (a) or (b).
Also, subsection (4) applies regardless of whether the court makes an order under subsection (2).
The court may, on application by the prosecution, order the defendant to do either or both of the following—
pay to the other person an amount of compensation the court considers appropriate for the loss, reduction or damage suffered, or costs or expenses incurred;
take stated remedial action the court considers appropriate.
An order under this section must state the time within which the order must be complied with.
This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.
In this section—
education order means an order requiring the person against whom it is made to conduct a stated advertising or education campaign to promote compliance with this Act.
monetary benefit order means an order requiring the person against whom it is made to pay an amount representing any financial or other benefit the person has received because of the act or omission constituting the offence in relation to which the order is made.
Example of a monetary benefit order—
If a defendant is found to have carried out an environmentally relevant activity without an environmental authority, the court may order the defendant to pay the administering authority an amount equal to the annual fees for the period for which the activity was carried out without an environmental authority.
notification order means an order requiring the person against whom it is made to notify in a stated way a person, or class of persons, of—
the act or omission constituting the offence in relation to which the order is made; and
other stated information about the act or omission.
Examples of ways the notification may be required to be given to particular persons—
• by publishing the notification in the person’s annual report
• by giving the notification to persons affected by the act or omission
public benefit order means an order requiring the person against whom it is made—
to pay an amount of money to a stated person or organisation for the carrying out of a stated project to restore or enhance the environment in a public place or for the public benefit; or
to carry out a stated project to restore or enhance the environment in a public place or for the public benefit.
rehabilitation or restoration order means an order requiring the person against whom it is made to take stated action to rehabilitate or restore the environment that was adversely affected because of the act or omission constituting the offence in relation to which the order is made.
This Act’s bill:Explanatory memorandum
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