MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 10 Legal proceedings
Part 3 Legal proceedings

[s 501]

                (a)   the administration and enforcement of a matter has been
                      devolved or delegated to a local government; and
                (b)   a proceeding for an offence about the matter is taken;
                      and
                (c)   a court imposes a fine for the offence.
          (2)   The fine must be paid to the local government.
          (3)   If a person other than the local government prosecutes the
                offence, subsection (2) does not apply to any part of the fine
                the court orders be paid to the party.

501        Recovery of costs of rehabilitation or restoration etc.
          (1)   This section applies if, in a proceeding for an offence against
                this Act—
                (a)   the court finds the defendant has caused environmental
                      harm by a contravention of this Act that constitutes an
                      offence; and
                (b)   the court finds the administering authority has
                      reasonably incurred costs and expenses—
                      (i)   in taking action to prevent or minimise the harm or
                            to rehabilitate or restore the environment because
                            of the contravention; or
                      (ii) reimbursing costs and expenses under section 488;
                           and
                (c)   the administering authority applies to the court for an
                      order against the defendant for the payment of the costs
                      and expenses.
          (2)   The court must order the defendant to pay the administering
                authority’s reasonable costs and expenses to the authority
                unless it is satisfied it would not be just to make the order in
                the circumstances of the particular case.
          (3)   This section does not limit the court’s powers under the
                Penalties and Sentences Act 1992 or any other law.
Page 428                                            Current as at 20 February 2014