Magistrates Court may make orders
934 Magistrates Court may make orders
After hearing the complaint, the Magistrates Court may make an order on the defendant it considers appropriate.
The order may be made in addition to, or in substitution for, any penalty the court may otherwise impose.
The order may require the defendant to—
demolish, remove or modify a work that takes or interferes with water or other resources; or
pay an amount by way of damages to the complainant for injuries suffered by the complainant as the result of the defendant committing an offence against this Act.
The order must state the time, or period, within which the order must be complied with.
A person who knowingly contravenes the order commits an offence against this Act.Maximum penalty—1,000 penalty units.
If the order states that contravention of the order is a public nuisance, the chief executive or the regulator may undertake any work necessary to remove the nuisance.
If the chief executive or the regulator carries out works under subsection (6), the chief executive or the regulator may recover the reasonable cost of the works as a debt due to the chief executive or the regulator from the person to whom the order was given.
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