Queensland Consolidated Acts

MARINE PARKS ACT 2004 - SECT 139

(1) The court may, in a proceeding for an offence against this Act, and in addition to any penalty imposed, order that the offender do 1 or more of the following—

(a) take stated action—

(i) to prevent or minimise harm to the marine environment or a marine park's use and non-use values resulting from the offence; or

(ii) to rehabilitate, restore or otherwise conserve the marine environment or a marine park's use and non-use values because of the offence; or

(iii) to restore or replace property damaged as a result of the offence; or

(iv) to remove property, the subject of the offence or used to commit the offence, from a marine park;

(b) pay an amount to the State to cover the State's costs reasonably incurred in taking action mentioned in section 108 or under section 109;

(c) pay an amount to the State to cover the State's costs and expenses in taking future action—

(i) to prevent or minimise harm to the marine environment or a marine park's use and non-use values resulting from the offence; or

(ii) to rehabilitate, restore or otherwise conserve the marine environment or a marine park's use and non-use values because of the offence;

(d) pay compensation to the State for any harm to, or loss or destruction of, a marine park's environment or use and non-use values;

(e) pay compensation to an affected person for the injury, loss or damage suffered, or costs or expenses incurred, by the person as a result of the offence;

(f) pay the department's reasonable costs of investigating the offence.

Example of reasonable costs for paragraph (f)—

taking a sample, or conducting an inspection, test, measurement or analysis, of something

(2) This section does not limit the court's powers under the Penalties and Sentences Act 1992 or another law.

(3) In this section—

affected person means a person who, because of the offence, has—

(a) suffered any of the following—

(i) personal injury;

(ii) loss of income;

(iii) loss of, or damage to, property; or

(b) incurred costs or expenses in preventing or minimising, or attempting to prevent or minimise, loss or damage mentioned in paragraph (a).

offender means a person who is convicted of an offence, whether or not a conviction is recorded.