Victorian Current Acts

FLORA AND FAUNA GUARANTEE ACT 1988 - SECT 62

S. 62(1) amended by No. 76/1998
s. 9(k).

    (1)     If a person is convicted of an offence under this Act involving the destruction of or damage to flora, fauna or a critical habitat, the Court may order that person to pay compensation for that destruction or damage to the Secretary in addition to any other penalty.

S. 62(2) amended by No. 6/2018 s. 68(Sch.  2 item 57.2).

    (2)     The amount of compensation payable under subsection (1) may be fixed by the Court after taking evidence on oath or by affirmation from any person who may assist the Court to determine the nature and extent of the damage.

    (3)     In fixing the amount of compensation to be paid the Court must have regard to the cost of any restoration work required to be carried out as a result of the offence.

Pt 6 Div. 3A (Heading and ss 62A– 62I) inserted by No. 28/2019 s. 37.

Division 3A—Remedies

S. 62A inserted by No. 28/2019 s. 37.