New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 251A

251A Recovery of monetary benefits from related persons after offence proved

(1) This section applies if a court convicts a corporation of an offence against this Act or the regulations.

(2) The prosecutor for the offence may apply to the court for an order (a
"monetary benefits order" ) that any of the following persons pay an amount representing the amount of monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence by the corporation--

(a) a person who is, or was, at the time of the commission of the offence, a director of the corporation,

(b) a related entity,

(c) a person who is, or was, at the time of the commission of the offence, a director of a related body corporate.

(3) The court may make the monetary benefits order in relation to a person only if the court is satisfied, on the balance of probabilities, that the person acquired, accrued or will accrue the monetary benefits as a result of the commission of the offence by the corporation.

(4) For subsection (2), the prosecutor for the offence may give to the court a reasonable estimate of the amount of monetary benefits acquired by, or accrued or accruing to, a person as a result of the commission of the offence.

(4A) The prosecutor may calculate the estimate--

(a) in accordance with a protocol prescribed by the regulations, or

(b) using another method, formula or approach the prosecutor considers appropriate.

(5) When making a monetary benefits order, the court may order that the person pay the amount--

(a) into the Environment Protection Authority Fund or another fund the court considers appropriate, or

(b) to an entity the court considers appropriate in the circumstances.

(6) A monetary benefits order made by the court is enforceable as if it were an order made by the court in Class 4 proceedings under the Land and Environment Court Act 1979 .

(7) A reference in subsection (2) to a director of a corporation or related body corporate extends to a person involved in the management of the affairs of the corporation or related body corporate.

(8) In this section--

"Environment Protection Authority Fund" means the Environment Protection Authority Fund established under the Protection of the Environment Administration Act 1991 , section 34A.

"prosecutor" , for an offence, means the person who instituted the proceedings for the offence.

"the court" does not include the Local Court.