ENVIRONMENTAL PROTECTION ACT 1994 - SECT 501 Recovery of costs of rehabilitation or restoration etc.

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 501

501 Recovery of costs of rehabilitation or restoration etc.

(1) This section applies if, in a proceeding for an offence against this Act—

(a) the court finds the defendant has caused environmental harm by a contravention of this Act that constitutes an offence; and

(b) the court finds the administering authority has reasonably incurred costs and expenses—

(i) in taking action to prevent or minimise the harm or to rehabilitate or restore the environment because of the contravention; or

(ii) reimbursing costs and expenses under section 488 ; and

(c) the administering authority applies to the court for an order against the defendant for the payment of the costs and expenses.

(2) The court must order the defendant to pay the administering authority’s reasonable costs and expenses to the authority unless it is satisfied it would not be just to make the order in the circumstances of the particular case.

(3) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.