New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 220ZG

220ZG Court may order offender to mitigate damage or restore habitat

(1) If a court convicts a person of an offence against this Part and is satisfied the offence has caused damage to any threatened species, population or ecological community or to the habitat of any threatened species, population or ecological community, the court may, in addition to or in substitution for any pecuniary penalty for the offence, direct the person to take any action to mitigate the damage or to restore the habitat.

(2) The court may specify the actions to be taken to mitigate the damage or restore the habitat and may order the person to maintain the habitat until those actions have been fully performed.

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

(3A) If the requirements of an order under this section are not complied with within the period specified in it, the Minister:

(a) may cause the actions specified in the order to be carried out, and

(b) may claim or realise any security provided under this section by the person against whom the order was made to meet the reasonable costs of carrying out the actions specified in the order, and

(c) may, by proceedings brought in a court of competent jurisdiction, recover as a debt from the person against whom the order was made the reasonable costs of carrying out the actions specified in the order (or the balance of those costs after claiming or realising any security provided by the person).

(4) For the purposes of this section, a "conviction" includes the making of an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 .