WATER ACT 2007 - SECT 147 Court may order person to pay pecuniary penalty for contravening civil penalty provision
WATER ACT 2007 - SECT 147
Court may order person to pay pecuniary penalty for contravening civil penalty provision(1) Within 6 years of a person (the wrongdoer ) contravening a civil penalty provision, the appropriate enforcement agency may apply on behalf of the Commonwealth to a Court for an order that the wrongdoer pay the Commonwealth a pecuniary penalty.
Note: Orders cannot be sought in relation to Ministers, officers/employees of the Crown and Commonwealth or State agencies (see section 12).
Court may order wrongdoer to pay pecuniary penalty
(2) If the Court is satisfied that the wrongdoer has contravened a civil penalty provision, the Court may order the wrongdoer to pay to the Commonwealth for each contravention the pecuniary penalty that the Court determines is appropriate.
Maximum pecuniary penalty
(3) The pecuniary penalty must not exceed:
(a) if the wrongdoer is an individual and a single amount is specified for the civil penalty provision--the specified amount; or
(b) if the wrongdoer is an individual and separate amounts for individuals and bodies corporate are specified for the civil penalty provision--the amount specified for an individual; or
(c) if the wrongdoer is a body corporate and a single amount is specified for the civil penalty provision--an amount equal to 5 times the specified amount; or
(d) if the wrongdoer is a body corporate and separate amounts for individuals and bodies corporate are specified for the civil penalty provision--the amount specified for a body corporate.
Determining amount of pecuniary penalty
(4) In determining the pecuniary penalty, the Court must have regard to all relevant matters, including:
(a) the nature and extent of the contravention; and
(b) the nature and extent of any loss or damage suffered as a result of the contravention; and
(c) the circumstances in which the contravention took place; and
(d) whether the person has previously been found by the Court in proceedings under this Act to have engaged in any similar conduct.
Conduct contravening more than one civil penalty provision
(5) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Act against a person in relation to the contravention of any one or more of those provisions. However, the person is not liable to more than one pecuniary penalty under this section in respect of the same conduct.
(6) A Court must not make a pecuniary penalty order against a person for a contravention of a civil penalty provision if a pecuniary penalty order has been made against the person under a civil penalty provision of a law of the Commonwealth or a law of a State in relation to conduct that is substantially the same as the conduct constituting the contravention.
Note: See also Subdivision B of this Division and section 250B.