WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 479
Making enforcement order
WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 479
Making enforcement order
479 Making enforcement order
(1) A District Court may make an enforcement order if the court is satisfied
the offence—
(a) is being, or has been, committed; or
(b) will be committed
unless the enforcement order is made.
(2) If the court is satisfied the
offence is being or has been committed, it may make either or both of the
following orders—
(a) an enforcement order whether or not there has been a
prosecution for the offence;
(b) an order for exemplary damages.
(3) In
considering whether to make an order for exemplary damages, the court may
consider—
(a) any adverse impact on public health resulting, or likely to
result, because of the commission of the offence; and
(b) any financial
saving or other benefit the person who committed the offence received or is
likely to receive because of the commission of the offence.
(4) If an order
is made for exemplary damages, the amount of the damages must be paid to the
consolidated fund.