CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 95B
Additional orders
CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 95B
Additional orders
95B Additional orders
(1) Orders The court may do any one or more of the following--
(a) order
the offender to take specified action to publicise the offence (including the
circumstances of the offence) and its environmental and other consequences and
any other orders made against the person,
(b) order the offender to take
specified action to notify specified persons or classes of persons of the
offence (including the circumstances of the offence) and its environmental and
other consequences and of any orders made against the person (including, for
example, the publication in an annual report or any other notice to
shareholders of a company or the notification of persons aggrieved or affected
by the offender's conduct),
(c) order the offender to carry out a specified
project for the restoration or enhancement of the environment in a public
place or for the public benefit,
(c3) order the offender to attend, or to cause employees or contractors of
the offender to attend, a training or other course specified by the court,
(c4) order the offender to establish, for employees or contractors of
the offender, a training course of a kind specified by the court,
(d) if the
EPA is a party to the proceedings, order the offender to provide a financial
assurance, of a form and amount specified by the court, to the EPA, if
the court orders the offender to carry out a specified work or program for the
restoration or enhancement of the environment.
(2) Without limiting
subsection (1) (c), the court may order the offender to carry out any social
or community activity for the benefit of the community or persons that are
adversely affected by the offence (a
"restorative justice activity" ) that the offender has agreed to carry out.
(2A) The Local Court is not authorised to make an order referred to in
subsection (1)(c), (c1), (c2) or (d) or (2).
(3) Machinery The court may, in
an order under this section, fix a period for compliance and impose any other
requirements the court considers necessary or expedient for enforcement of the
order.
(4) Failure to publicise or notify If the offender fails to comply
with an order under subsection (1) (a) or (b), the prosecutor or a person
authorised by the prosecutor may take action to carry out the order as far as
may be practicable, including action to publicise or notify--
(a) the original
contravention, its environmental and other consequences, and any other
penalties imposed on the offender, and
(b) the failure to comply with the
order.
(5) Cost of publicising or notifying The reasonable cost of taking
action referred to in subsection (4) is recoverable by the prosecutor or
person taking the action, in a court of competent jurisdiction, as a debt from
the offender.
(6) Financial assurances Sections 42F- 42K apply to a financial
assurance provided by an offender under an order made under this section in
the same way as they apply to a financial assurance provided by a person to
whom a relevant order, restriction or covenant is directed.
