ENVIRONMENTAL PROTECTION ACT 1986 - SECT 99Y
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 99Y
99Y . Orders for costs, expenses and compensation
(1) If a court
convicts a person of an offence against this Act, the court may, if it appears
to the court that —
(a) the
CEO or a public authority has reasonably incurred costs and expenses in
connection with —
(i)
seizing, storing, treating, selling, destroying,
disposing of or otherwise dealing with a thing seized under this Act in
relation to the offence; or
(ii)
the prevention, control, abatement or mitigation of any
harm to the environment caused by the commission of the offence; or
(iii)
making good any resulting environmental damage;
or
(b) a
person (including a public authority) has, by reason of the commission of the
offence, suffered loss of or damage to property or has reasonably incurred
costs and expenses in preventing or mitigating, or in attempting to prevent or
mitigate, any such loss or damage,
order the offender to
pay to the CEO, public authority or person the reasonable costs and expenses
so incurred, or compensation for the loss or damage so suffered, as the case
may be, in such amount as does not exceed the prescribed amount and is fixed
by the order.
(2) The court may make
an order under subsection (1) at the time of imposing a penalty for the
offence or upon application at a later time.
[Section 99Y inserted: No. 14 of 1998 s. 14;
amended: No. 54 of 2003 s. 140(2).]