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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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