New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 250

250 Additional orders

(1) Orders The court may do any one or more of the following--

(a) order the offender to take specified action to publicise the offence (including the circumstances of the offence) and its environmental and other consequences and any other orders made against the person,

(b) order the offender to take specified action to notify specified persons or classes of persons of the offence (including the circumstances of the offence) and its environmental and other consequences and of any orders made against the person (including, for example, the publication in an annual report or any other notice to shareholders of a company or the notification of persons aggrieved or affected by the offender's conduct),

(c) order the offender to carry out a specified project for the restoration or enhancement of the environment in a public place or for the public benefit,

(d) order the offender to carry out a specified environmental audit of activities carried on by the offender,

(e) order the offender to pay a specified amount to the Environmental Trust established under the Environmental Trust Act 1998 , or a specified organisation, for the purposes of a specified project for the restoration or enhancement of the environment or for general environmental purposes,

(f) order the offender to attend, or to cause an employee or employees or a contractor or contractors of the offender to attend, a training or other course specified by the court,

(g) order the offender to establish, for employees or contractors of the offender, a training course of a kind specified by the court,

(h) if the EPA is a party to the proceedings, order the offender to provide a financial assurance, of a form and amount specified by the court, to the EPA, if the court orders the offender to carry out a specified work or program for the restoration or enhancement of the environment.

The Local Court is not authorised to make an order referred to in paragraph (c), (d), (e) or (h).

(1A) Without limiting subsection (1) (c), the court may order the offender to carry out any social or community activity for the benefit of the community or persons that are adversely affected by the offence (a
"restorative justice activity" ) that the offender has agreed to carry out. However, the Local Court is not authorised to make an order under this subsection.

(2) Machinery The court may, in an order under this section, fix a period for compliance and impose any other requirements the court considers necessary or expedient for enforcement of the order.

(3) Failure to publicise or notify If the offender fails to comply with an order under subsection (1) (a) or (b), the prosecutor or a person authorised by the prosecutor may take action to carry out the order as far as may be practicable, including action to publicise or notify--

(a) the original contravention, its environmental and other consequences, and any other penalties imposed on the offender, and

(b) the failure to comply with the order.

(4) Cost of publicising or notifying The reasonable cost of taking action referred to in subsection (3) is recoverable by the prosecutor or person taking the action, in a court of competent jurisdiction, as a debt from the offender.

(5) Financial assurances Sections 302- 307 apply to a financial assurance provided by an offender under an order made under this section in the same way as they apply to a financial assurance given by a holder of a licence under a condition of a licence under Part 9.4.