New South Wales Consolidated Acts

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DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) ACT 2008 - SECT 56

Orders for costs, expenses and compensation at time offence proved

56 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 an incident that relates to the transport of dangerous goods by road or rail being an incident--
(i) wholly or partly constituted by or arising from--
(A) the escape of dangerous goods, or
(B) an explosion or fire involving dangerous goods, or
(ii) that involves the danger of the escape of dangerous goods or an explosion or fire involving dangerous goods, 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.



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