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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 99X

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 99X

99X .         Orders for prevention, restoration etc.

        (1)         If a court convicts a person of an offence against this Act, the court may order the offender to take such steps as are specified in the order, within such time as is so specified (or such further time as the court on application may allow) —

            (a)         to prevent, control, abate or mitigate any harm to the environment caused by the commission of the offence; or

            (b)         to make good any resulting environmental damage; or

            (c)         to prevent the continuance or recurrence of the offence.

        (2)         A court is not to make an order under subsection (1) unless the prosecutor applies for the order.

        (3)         The court may, in an order under this section, impose any other requirements the court considers necessary or expedient for enforcement of the order.

        (4)         A person who without lawful excuse, proof of which is on the person, does not comply with an order under this section commits an offence punishable after summary conviction by the court that imposed the order.

        (5)         If a court convicts a person under subsection (4) of failing to comply with an order, the court may order that the act required to be done may be done so far as is practicable by the CEO, or some other person appointed by the court, at the cost of the offender.

        (6)         Expenses and costs incurred, or to be incurred, by a person under an order under subsection (5) are to be ascertained in such manner as the court may direct and are to be paid by, or recovered from, the offender in such manner as the court orders.

        [Section 99X inserted: No. 14 of 1998 s. 14; amended: No. 54 of 2003 s. 140(2).]