Original source · versioned page text
MCU14/0028 Appendix 2 EnvProtAct 1994
Original PDF page 433, section 1. The text section number identifies this passage in the reader.
Environmental Protection Act 1994
Chapter 10 Legal proceedings
Part 3 Legal proceedings
[s 502A]
public benefit order means an order requiring the person
against whom it is made to carry out a stated project to restore
or enhance the environment in a public place or for the public
benefit.
rehabilitation or restoration order means an order requiring
the person against whom it is made to take stated action to
rehabilitate or restore the environment that was adversely
affected because of the act or omission constituting the
offence in relation to which the order is made.
502A Administering authority may take action and recover
costs
(1) This section applies if an order is made against a person under
section 502, and the person fails to comply with the order
within the time stated in the order.
(2) The administering authority may carry out work or take any
other action reasonably necessary to fulfil the requirements of
the order.
(3) The costs reasonably incurred by the administering authority
in carrying out work or taking other action under subsection
(2) are a debt payable by the person to the administering
authority.
503 Recovery of costs of investigation
(1) This section applies if—
(a) a person is convicted of an offence against this Act; and
(b) the court finds the prosecution has reasonably incurred
costs and expenses in investigating the offence; and
(c) the prosecution applies for an order against the person
for the payment of the costs and expenses.
(2) Without limiting subsection (1)(b), costs and expenses in
investigating the offence may include costs and expenses of
Current as at 20 February 2014 Page 431
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