New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 248

248 Orders regarding costs and expenses of investigation

(1) The court may, if it appears to the court that a regulatory authority has reasonably incurred costs and expenses during the investigation of the offence, order the offender to pay to the regulatory authority the costs and expenses so incurred in such amount as is fixed by the order.

(2) An order made by the Land and Environment Court under subsection (1) is enforceable as if it were an order made by the Court in Class 4 proceedings under the Land and Environment Court Act 1979 . An order made by the Local Court under subsection (1) is enforceable as if it were an order made by the court when exercising jurisdiction under the Civil Procedure Act 2005 .

(3) In this section--

"costs and expenses" , in relation to the investigation of an offence, means the costs and expenses--

(a) in taking any sample or conducting any inspection, test, measurement or analysis, or

(b) of transporting, storing or disposing of evidence,

during the investigation of the offence.