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Contents (1999 - 80)
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Pesticides Act 1999 No 80
Current version for 15 January 2016 to date (accessed 23 April 2017 at 18:01)
Part 10 Division 4
Division 4 Court orders in connection with offences
92   Operation of Division
(1)  This Division (other than section 100 (2)) applies where a court finds an offence under this Act or regulations proved.
(2)  Without limiting the generality of subsection (1), a court finds an offence proved if:
(a)  the court convicts the offender of the offence, or
(b)  the court makes an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 against the offender in relation to the offence (in which case the order is not a punishment for the purposes of that section).
(3)  In this Division:
the court means the court that finds the offence proved.
the offender means the person who is found to have committed the offence.
93   Orders generally
(1)  One or more orders may be made under this Division against the offender.
(2)  Orders may be made under this Division in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.
94   Orders for restoration and prevention
The court may order the offender to take such steps as are specified in the order, within such time as is so specified (or such further time as the court on application may allow):
(a)  to prevent, control, abate or mitigate any pesticide pollution caused by the commission of the offence, or
(b)  to make good any resulting environmental damage, or
(c)  to prevent the continuance or recurrence of the offence.
95   Orders for costs, expenses and compensation at time offence proved
(1)  The court may, if it appears to the court that:
(a)  a public authority has incurred costs and expenses in connection with:
(i)  the prevention, control, abatement or mitigation of any pesticide pollution caused by the commission of the offence, or
(ii)  making good any resulting environmental damage, or
(b)  a person (including a public authority) has, by reason of the commission of the offence, suffered loss of or damage to property or has incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, any such loss or damage,
order the offender to pay to the public authority or person the costs and expenses so incurred, or compensation for the loss or damage so suffered, as the case may be, in such amount as is fixed by the order.
(2)  An order made by the Land and Environment Court under subsection (1) is enforceable as if it were an order made by the Court in Class 4 proceedings under the Land and Environment Court Act 1979.
(3)  The Local Court may not make an order under subsection (1) for the payment of an amount that exceeds the amount for which an order may be made by the court when exercising jurisdiction under the Civil Procedure Act 2005. An order made by the court is enforceable as if it were an order made by the court when exercising jurisdiction under that Act.
96   Recovery of costs, expenses and compensation after offence proved
(1)  If, after the court finds the offence proved:
(a)  a public authority has incurred costs and expenses in connection with:
(i)  the prevention, control, abatement or mitigation of any pesticide pollution caused by the commission of the offence, or
(ii)  making good any resulting environmental damage, or
(b)  a person (including a public authority) has, by reason of the commission of the offence, suffered loss of or damage to property or has incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, any such loss or damage,
the person or public authority may recover from the offender the costs and expenses incurred or the amount of the loss or damage in the Land and Environment Court.
(2)  The amount of any such costs and expenses (but not the amount of any such loss or damage) may be recovered as a debt.
97   Orders regarding costs and expenses of investigation
(1)  The court may, if it appears to the court that the Environment Protection Authority has reasonably incurred costs and expenses during the investigation of the offence, order the offender to pay to the Authority the costs and expenses so incurred in such amount as is fixed by the order.
(2)  An order made by the Land and Environment Court under subsection (1) is enforceable as if it were an order made by the Court in Class 4 proceedings under the Land and Environment Court Act 1979. An order made by the Local Court under subsection (1) is enforceable as if it were an order made by the court when exercising jurisdiction under the Civil Procedure Act 2005.
(3)  In this section:
costs and expenses, in relation to the investigation of an offence, means the costs and expenses in taking any sample or conducting any inspection, test, measurement or analysis during the investigation of the offence.
98   Orders regarding monetary benefits
(1)  The court may order the offender to pay, as part of the penalty for committing the offence, an additional penalty of an amount not exceeding the court’s estimation of the amount of any monetary benefits acquired by the offender, or accrued or accruing to the offender, as a result of the commission of the offence.
(2)  The amount of an additional penalty for an offence is not subject to any maximum amount of penalty provided elsewhere by or under this Act.
(3)  In this section:
monetary benefits means monetary, financial or economic benefits.
the court does not include the Local Court.
99   Additional orders
(1)  The court may do any one or more of the following:
(a)  order the offender not to use a particular pesticide or any pesticide of a particular class,
(b)  order the offender to undertake a specified training course in the use of pesticides,
(c)  order the offender to carry out a specified project for the restoration or enhancement of the environment in a public place or for the public benefit,
(d)  order the offender to carry out a specified environmental audit of activities carried on by the offender.
(2)  The Local Court is not authorised to make an order referred to in subsection (1) (c) or (d).
(3)  The court may, in an order under this section, fix a period for compliance and impose any other requirements the court considers necessary or expedient for enforcement of the order.
100   Forfeiture to Crown
(1)  If a person is convicted of an offence under this Act or the regulations, the court may order that any pesticide, substance, agricultural produce, container or other thing in respect of which the offence was committed is to be forfeited to the Crown.
(2)  A court may, on application by the Environment Protection Authority, order that any pesticide, substance, agricultural produce, container or other thing seized by an authorised officer in exercising powers in connection with this Act or the regulations is to be forfeited to the Crown.
(3)  Any such pesticide, agricultural produce, container or other thing forfeited to the Crown may be sold, destroyed or disposed of as directed by the Environment Protection Authority.
(4)  The relevant person must pay to the Crown the reasonable costs of destruction, sale or other disposal. The relevant person is the person referred to in subsection (1), the owner of the thing seized as referred to in subsection (2), or the occupier of the premises in or on which the thing was seized.
101   Offence
A person who fails to comply with an order under this Division (except an order under section 95, 96, 97 or 100) is guilty of an offence.
Maximum penalty:
(a)  in the case of a corporation—$120,000 for each day the offence continues, or
(b)  in the case of an individual—$60,000 for each day the offence continues.