Australian Capital Territory Current Acts

ENVIRONMENT PROTECTION ACT 1997 - SECT 157

    (1)     If a court finds a person guilty of an offence against this Act that resulted in environmental harm or likely environmental harm (whether or not the causing of environmental harm or likely environmental harm was an element of the offence), in addition to any penalty it may impose, the court may—

        (a)     order the person to take specified action to remedy or mitigate the environmental harm or likely environmental harm and, if appropriate, specified action to prevent further environmental harm or likely environmental harm; or

        (b)     order the person to carry out specified action for the restoration or enhancement of the environment in a public place or for the public benefit; or

        (c)     order the person to take specified action to publicise—

              (i)     the contravention and its environmental and other consequences; and

              (ii)     any other orders made against the person; or

        (d)     order the person to pay the amount decided by the court—

              (i)     to the Territory for any reasonable costs and expenses incurred by the Territory in taking action to remedy or mitigate the environmental harm or likely environmental harm or prevent further harm; or

              (ii)     to any other person as compensation for any injury, loss or damage to property as a result of the contravention or for costs reasonably incurred by the person in taking action to prevent or mitigate such injury, loss or damage;

and may make any other orders that the court considers necessary or convenient for the enforcement of an order under this section.

    (2)     If the court finds a person guilty of an offence against this Act, the court may, on the application of the authority, make 1 or more of the following orders:

        (a)     that the person pay the reasonable costs and expenses of the authority incurred in relation to taking samples, conducting tests or collecting other evidence for the purposes of the proceeding;

        (b)     that the person pay the legal costs of the authority incurred in relation to conducting the proceeding;

        (c)     that the person pay any other specified costs or expenses incurred by the authority in relation to conducting the proceeding.