South Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

NUCLEAR WASTE STORAGE FACILITY (PROHIBITION) ACT 2000 - SECT 12

12—Orders by court against offenders

        (1)         If, in proceedings for an offence against this Act, the court finds the defendant guilty of a contravention of this Act, the court may, in addition to any penalty it may impose, do one or more of the following:

            (a)         order the defendant to take specified action to—

                  (i)         remove a nuclear waste storage facility constructed or operated in contravention of this Act;

                  (ii)         make good any environmental harm resulting from the construction or operation of that facility;

                  (iii)         prevent or mitigate any future environmental harm resulting from the construction or operation of that facility;

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

            (c)         order the defendant to pay—

                  (i)         to a public authority that has incurred costs or expenses in taking action of a kind referred to in section 11 as a result of the contravention; 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.

        (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.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]