Western Australian Current Acts Western Australian Current Acts (1) If a court
convicts a person of an offence against this Act, the court may order the
offender to take such steps as are specified in the order, within such time as
is so specified (or such further time as the court on application may allow)
—
(a) to
prevent, control, abate or mitigate any harm to the environment caused by the
commission of the offence; or
(b) to
make good any resulting environmental damage; or
(c) to
prevent the continuance or recurrence of the offence.
(2) A court is not to
make an order under subsection (1) unless the prosecutor applies for the
order.
(3) The court may, in
an order under this section, impose any other requirements the court considers
necessary or expedient for enforcement of the order.
(4) A person who
without lawful excuse, proof of which is on the person, does not comply with
an order under this section commits an offence punishable after summary
conviction by the court that imposed the order.
(5) If a court
convicts a person under subsection (4) of failing to comply with an order, the
court may order that the act required to be done may be done so far as is
practicable by the CEO, or some other person appointed by the court, at the
cost of the offender.
(6) Expenses and costs
incurred, or to be incurred, by a person under an order under subsection (5)
are to be ascertained in such manner as the court may direct and are to be
paid by, or recovered from, the offender in such manner as the court orders.
[Section 99X inserted: No. 14 of 1998 s. 14;
amended: No. 54 of 2003 s. 140(2).]