New South Wales Consolidated Acts
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PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 248
Orders regarding costs and expenses of investigation
248 Orders regarding costs and expenses of investigation
(1) The court may, if it appears to the court that a regulatory authority has
reasonably incurred costs and expenses during the investigation of the
offence, order the offender to pay to the regulatory authority the
costs and expenses so incurred in such amount as is fixed by the order.
An order made by the Land and Environment Court under subsection (1) is
enforceable as if it were an order made by the Court in Class 4 proceedings
under the Land and Environment Court Act 1979 . 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 .
(3) In this section:
"costs and expenses" , in relation to the investigation of an offence, means
the costs and expenses:
(a) in taking any sample or conducting any inspection,
test, measurement or analysis, or
(b) of transporting, storing or disposing
of evidence, during the investigation of the offence.
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