Australian Capital Territory Consolidated Acts

ENVIRONMENT PROTECTION ACT 1997 - SECT 132

If, on an application for an order under section 128 alleging that there has been a contravention of an environmental authorisation, an environment protection order or a provision of this Act, the Supreme Court is satisfied that—

        (a)     there has been no such contravention by the respondent; and

        (b)     the respondent has suffered loss or damage as a result of the actions of the applicant in bringing the proceedings; and

        (c)     in the circumstances it is appropriate to make an order under this subsection;

the court may, on the application of the respondent (and in addition to any order about costs), order the applicant to pay to the respondent an amount, decided by the court, to compensate the respondent for the loss or damage suffered by the respondent.