Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a person is
convicted of an offence that constitutes a contravention of a Conservation
Order a court of competent jurisdiction may, instead of or in addition to any
other penalty imposed, order that person, within the time specified in the
order —
(a) to
take such measures as are specified in the order to restore the place, or any
land, feature, building or structure specified in the order, to the same state
in which it was before the contravention occurred or to a condition specified
in the order;
(b) to
pay to a person specified in the order an amount so specified, being an amount
which the Court determines as appropriate to enable measures that are required
to be carried out; or
(c) to
make such other restitution as the Court may determine.
(2) Before making an
order under subsection (1) the court shall obtain the advice of the
Council as to —
(a)
whether such an order should be made; and
(b) if
so, the contents of the order,
and shall have regard
to that advice.
(3) Where a person
fails to comply with an order under subsection (1) within the time
specified in that order —
(a) that
person commits an offence; and
(b) the
Council, whether on behalf of the Crown or at the behest of another person
entitled to enforce the order, may enter upon the land with such other persons
and things as may be necessary and cause the measures required to comply with
the order to be carried out and may, in a court of competent jurisdiction,
recover the expense of so doing from the person who failed to comply with the
order or any successor in title as if it were a debt.
Penalty: $10 000.
Daily penalty: $1 000.