Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If, after the commencement of this section, a person has engaged, or is engaging, in conduct constituting an offence or other contravention of this Act or the regulations, the Federal Court may make an order (a remediation order ) requiring the person to take action (the remediation action ) to repair or mitigate damage that may or will be, or that has been, caused to the environment by the contravention.
(2) In considering whether to grant a remediation order, the matters to which the Federal Court may have regard include (but are not limited to) the following:
(a) the nature and extent of the contravention;
(b) the nature and extent of the damage to the environment that may or will be, or that has been, caused by the contravention;
(c) the circumstances in which the contravention took place;
(d) whether the person has previously been found by a court in proceedings under this Act or the regulations to have engaged in any similar conduct;
(e) the cost to the person of taking the remediation action.
(3) The description in a remediation order of the remediation action may either be in general terms (for example, requiring the person to take whatever action is necessary to repair or mitigate the damage), or it may require the person to take particular action to repair or mitigate the damage.
(4) If the Federal Court makes a remediation order, it may also make an order requiring the person to provide security for the due taking of the remediation action.
(5) Application to the Federal Court for a remediation order may
only be made by the Minister.