ENVIRONMENT PROTECTION ACT 1993 - SECT 133

ENVIRONMENT PROTECTION ACT 1993 - SECT 133

133—Orders in respect of contraventions

        (1)         Where, in proceedings under this Act, the court finds that the defendant contravened this Act and the contravention has resulted in environmental harm, the court may, in addition to any penalty it may impose, do one or more of the following:

            (a)         order the person to take specified action to make good any resulting environmental damage and, if appropriate, to take specified action to prevent or mitigate further environmental harm;

            (b)         order the person to carry out a specified project for the restoration or enhancement of the environment in a public place or for the public benefit;

            (c)         order the person to take specified action to publicise the contravention and its environmental and other consequences and any other orders made against the person;

            (d)         order the person to pay—

                  (i)         to any public authority that has incurred costs or expenses in taking action to prevent or mitigate the environmental harm or to make good any resulting environmental damage; and

                  (ii)         to any person who has suffered injury or loss or damage to property as a result of the contravention, or incurred costs or expenses in taking action to prevent or mitigate such injury, loss or damage,

the reasonable costs and expenses so incurred, or compensation for the injury, loss or damage so suffered, as the case may be, in such amount as is determined by the court.

        (1a)         Where a person is found by a court to have contravened this Act, the court may, in addition to any penalty it may impose, order the person to pay to the Authority an amount not exceeding the court's estimation of the amount of the economic benefit acquired by the person, or accrued or accruing to the person, as a result of the contravention.

        (1b)         For the purposes of subsection (1a), an economic benefit obtained by delaying or avoiding costs will be taken to be an economic benefit acquired as a result of a contravention if the contravention can be attributed (in whole or in part) to that delay or avoidance.

        (2)         The court may, by an order under this section, fix a period for compliance and impose any other requirements the court considers necessary or expedient for enforcement of the order.

        (3)         An amount paid to the Authority in accordance with an order under subsection (1a) must be paid into the Environment Protection Fund.