MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 502]

                (a)   pay to the other person an amount of compensation the
                      court considers appropriate for the loss, reduction or
                      damage suffered, or costs or expenses incurred;
                (b)   take stated remedial action the court considers
                      appropriate.
          (5)   An order under this section must state the time within which
                the order must be complied with.
          (6)   This section does not limit the court’s powers under the
                Penalties and Sentences Act 1992 or any other law.
          (7)   In this section—
                education order means an order requiring the person against
                whom it is made to conduct a stated advertising or education
                campaign to promote compliance with this Act.
                monetary benefit order means an order requiring the person
                against whom it is made to pay an amount representing any
                financial or other benefit the person has received because of
                the act or omission constituting the offence in relation to
                which the order is made.
                Example of a monetary benefit order—
                  If a defendant is found to have carried out an environmentally relevant
                  activity without an environmental authority, the court may order the
                  defendant to pay the administering authority an amount equal to the
                  annual fees for the period for which the activity was carried out without
                  an environmental authority.
                notification order means an order requiring the person against
                whom it is made to notify in a stated way a person, or class of
                persons, of—
                (a)   the act or omission constituting the offence in relation to
                      which the order is made; and
                (b)   other stated information about the act or omission.
                Examples of ways the notification may be required to be given to
                particular persons—
                  •   by publishing the notification in the person’s annual report
                  •   by giving the notification to persons affected by the act or omission

Page 430                                                   Current as at 20 February 2014