MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                             [s 502]

502      Court may make particular orders
        (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; or
              (b)    the court finds the defendant has committed an offence
                     against any of the following—
                     (i)   section 426;
                     (ii) section 430;
                     (iii) section 435A;
                     (iv) section 440ZG.
        (2)   The court may, on application by the prosecution, make 1 or
              more of the following orders against the defendant—
              (a)    a rehabilitation or restoration order;
              (b)    a public benefit order;
              (c)    an education order;
              (d)    a monetary benefit order;
              (e)    a notification order.
        (3)   Subsection (4) applies if the court finds that, because of the
              act or omission constituting the offence, another person has—
              (a)    suffered loss of income; or
              (b)    suffered a reduction in the value of, or damage to,
                     property; or
              (c)    incurred costs or expenses in replacing or repairing
                     property, or in preventing or minimising, or attempting
                     to prevent or minimise, a loss, reduction or damage
                     mentioned in paragraph (a) or (b).
        (4)   In addition to any order the court makes under subsection (2),
              the court may, on application by the prosecution, order the
              defendant to do either or both of the following—
Current as at 20 February 2014                                            Page 429