Australian Capital Territory Consolidated Acts

NATURE CONSERVATION ACT 1980 - SECT 82

    (1)     This section applies if a court convicts or finds a person guilty of an offence against any of the following sections in relation to the clearing of native vegetation in a reserved area:

        (a)     section 77 (Clearing causing serious harm);

        (b)     section 78 (Clearing causing material harm);

        (c)     section 79 (Clearing generally).

    (2)     The court may, in addition to or instead of any other penalty it may impose for the offence, order the person to do any of the following:

        (a)     take any action the court considers appropriate, including action—

              (i)     to mitigate the effect of the clearing; and

              (ii)     to restore native vegetation in the area cleared;

        (b)     pay an amount to the Territory for reasonable costs incurred, or to be incurred, by the Territory in taking action—

              (i)     to mitigate the effect of the clearing; or

              (ii)     to restore native vegetation in the area cleared; or

              (iii)     to monitor the outcome of action ordered under paragraph (a) or action mentioned in subparagraph (i) or (ii).

    (3)     The court may order the person to provide security for the performance of any obligation under the order.