New South Wales Consolidated Acts

SNOWY HYDRO CORPORATISATION ACT 1997 - SECT 35

35 Court orders in connection with offence of contravening Snowy water licence

(1) In this section:
"the court" means the Land and Environment Court.
"the Company" includes any body to which the Snowy water licence is transferred.

(2) This section applies where the court convicts the Company of an offence under section 34.

(3) The court may order the Company to take such steps as are specified in the order, within such time as is so specified (or such further time as the court on application may allow):

(a) to prevent, control, abate or mitigate any harm to the environment caused by the commission of the offence, or

(b) to make good any resulting environmental damage, or

(c) to prevent the continuance or recurrence of the offence.

(4) The court may, if it appears to the court that:

(a) 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) a person (including a public authority) has, by reason 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 Company to pay to the 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.

(5) An order made by the court under subsection (4) is enforceable as if it were an order made by the court in Class 4 proceedings under the Land and Environment Court Act 1979 .

(6) One or more orders may be made under this section against the Company.

(7) Orders may be made under this section in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.