PETROLEUM (ONSHORE) ACT 1991 - SECT 125ZD
Orders for costs, expenses and compensation at time offence proved
PETROLEUM (ONSHORE) ACT 1991 - SECT 125ZD
Orders for costs, expenses and compensation at time offence proved
125ZD Orders for costs, expenses and compensation at time offence proved
(1)
The court may, if it appears to the court that--
(a) the Crown or a
public authority has incurred costs and expenses in connection with--
(i) the
prevention, control, abatement or mitigation of any harm to the environment
caused by the commission of the offence, or
(ii) making good any resulting
environmental damage, or
(b) the Crown or another person or a
public authority has, because of the commission of the offence, suffered loss
of or damage to property or has incurred costs and expenses in preventing or
mitigating, or in attempting to prevent or mitigate, any such loss or damage,
order the offender to pay to the Crown, public authority or person the costs
and expenses so incurred, or compensation for the loss or damage so suffered,
as the case may be, in such amount as is fixed by the order.
(2) However, a
court is not to make an order for payment to a person under subsection (1) to
the extent that the payment would represent the value of petroleum owned by
that person that the offender had obtained by fossicking,
prospecting operations or mining operations carried out with the consent of
that person and in connection with the offence.
(3) An order made by the
Local Court under subsection (1) is enforceable as if it were an order made by
the court when exercising jurisdiction under the Civil Procedure Act 2005 .
(5) The Local Court is not
to make an order under subsection (1) for the payment of an amount that
exceeds the amount for which an order may be made by the court when exercising
jurisdiction under the Civil Procedure Act 2005 .
