Hazardous Substances and New Organisms Act 1996

124D Other orders instead of or in addition to pecuniary penalty order

(1)

At the conclusion of proceedings for an order for the payment of a pecuniary penalty under section 124B, the court may, instead of or in addition to making the order, make—

(a)

an order that the person mitigate or remedy any adverse effects on people or the environment—

(i)

caused by or on behalf of the person; or

(ii)

relating to any land that the person owns or occupies; or

(b)

an order to pay the costs of mitigating or remedying the adverse effects specified in paragraph (a).

(2)

At the conclusion of proceedings for an order for the payment of a pecuniary penalty under section 124B, the court may, instead of or in addition to making the order, make an order for the destruction of the new organism involved in the breach.

(3)

To avoid doubt, the court may make an order under either or both of subsections (1) and (2) against the same person in respect of the same breach.

Section 124D: inserted, on 30 October 2003, by section 52 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).