Australian Capital Territory Consolidated Acts

NATURE CONSERVATION ACT 1980 - SECT 91

    (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 damaging of land in a reserved area:

        (a)     section 86 (Damage causing serious harm);

        (b)     section 87 (Damage causing material harm);

        (c)     section 88 (Damage causing harm).

    (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 damage; and

              (ii)     to rehabilitate the land damaged as closely as possible to its condition before the damage;

        (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 damage; or

              (ii)     to rehabilitate the land damaged as closely as possible to its condition before the damage; 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.