(2A) The court may, in making an order under subsection (2) , impose any other
requirements the court considers necessary or desirable for enforcement of the
order.
(3) Subsection (4) applies if the court finds that, because of the act
or omission constituting the offence, another person has—
(a) suffered loss
of income; or
(b) suffered a reduction in the value of, or damage to,
property; or
(c) incurred costs or expenses in replacing or repairing
property, or in preventing or minimising, or attempting to prevent or
minimise, a loss, reduction or damage mentioned in paragraph (a) or (b) .
(3A) Also, subsection (4) applies regardless of whether the court makes an
order under subsection (2) .
(4) The court may, on application by the
prosecution, order the defendant to do either or both of the following—
(a)
pay to the other person an amount of compensation the court considers
appropriate for the loss, reduction or damage suffered, or costs or expenses
incurred;
(b) take stated remedial action the court considers appropriate.
(5) An order under this section must state the time within which the order
must be complied with.
"education order" means an order requiring the person against whom it is made
to conduct a stated advertising or education campaign to promote compliance
with this Act.
"monetary benefit order" means an order requiring the person against whom it
is made to pay an amount representing any financial or other benefit the
person has received because of the act or omission constituting the offence in
relation to which the order is made.
If a defendant is found to have carried out an environmentally relevant
activity without an environmental authority, the court may order the defendant
to pay the administering authority an amount equal to the annual fees for the
period for which the activity was carried out without an environmental
authority.
"notification order" means an order requiring the person against whom it is
made to notify in a stated way a person, or class of persons, of—
(a) the
act or omission constituting the offence in relation to which the order is
made; and
(b) other stated information about the act or omission.
Examples
of ways the notification may be required to be given to particular persons—
• by publishing the notification in the person’s annual report
• by
giving the notification to persons affected by the act or omission
"public benefit order" means an order requiring the person against whom it is
made—
(a) to pay an amount of money to a stated person or organisation for
the carrying out of a stated project to restore or enhance the environment in
a public place or for the public benefit; or
(b) to carry out a stated
project to restore or enhance the environment in a public place or for the
public benefit.
"rehabilitation or restoration order" means an order requiring the person
against whom it is made to take stated action to rehabilitate or restore the
environment that was adversely affected because of the act or omission
constituting the offence in relation to which the order is made.
