High Court powers

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THE High Court will have powers to order an individual or entity to remedy damage it has caused to the environment under the Climate Change Act 2019 when it comes into effect.

A draft of the Bill now under public consultation revealed that the courts would have wide-ranging powers to deal with those who committed environment or climate-related offences.

It would be able to prohibit a person from “doing any act or engaging in any activity or undertaking that may result in the continuation or repetition of the offence or breach”.

The court would also be allowed to order restoration of any area damaged by a person or entity.

According to the draft Bill, this would be through “restoring the environment to as near to its original condition with the cost to be borne by the person convicted of an offence”.

Individuals and entities could also be ordered to demolish or remove infrastructure.

For those who suffered losses, the court could order a compensation payout.

This compensation would be “for loss or damage proved to have been suffered by the victim as a result of the act or omission”.

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