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Planning Bill

Hearings to be held in public and protection of sensitive information

Schedule 8: Enforcement matters

You could also call this:

"Rules to Follow: Making Sure People Do the Right Thing"

The Planning Bill has a part called Enforcement matters. This part is about how to make sure people follow the rules. You might need to provide a financial assurance, which is like a promise to pay for any damage you might cause. The local authority, consent authority, or EPA can ask you to provide this assurance. They will decide how much money you need to provide and what form it should take. You might need to give a bond, which is like a guarantee that you will do what you promised. If you do not follow the rules, the local authority, consent authority, or EPA can make a claim on your financial assurance. They can use this money to fix any damage you caused. You can also be fined or given a penalty if you do not follow the rules. The amount of the fine or penalty will depend on how serious the breach was and what damage was caused. The local authority, consent authority, or EPA can also make you pay for the costs of fixing any damage. If you are given a penalty, you might not have to pay a fine for the same thing. The goal is to make sure people take responsibility for their actions and follow the rules to protect the environment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1549532.

This page was last updated on 12 December 2025 — View changes

Topics:

Environment and resources > Town planningGovernment and voting > Local councilsMoney and consumer rights > Consumer protection

Schedule 7: Further provisions relating to subdivision and reclamation, or

"Rules for dividing and using land in New Zealand"

Schedule 9: Environment Court, or

"A court that helps solve environmental problems and makes decisions about the environment."

8Enforcement matters Empowered by s 271

1Application and interpretation of terms

This schedule sets out further provisions that apply to matters relating to enforcement under this Act and the Natural Environment Act 2025.
When this schedule is applied for the purposes of this Act, unless the context otherwise requires, a term used in this schedule that is defined in section 3 has the meaning given in section 3.
When this schedule is applied for the purposes of the Natural Environment Act 2025, unless the context otherwise requires,—
a term used in this schedule that is defined in section 3 of the Natural Environment Act has the meaning given in section 3 of that Act:
a reference to this Act must be read as reference to the Natural Environment Act 2025:
a reference to a planning consent must be read as a reference to a natural environment permit except in clause 5:
a reference to a consent authority must be read a reference to a permit authority.

2Local authority, consent authority, or EPA may require financial assurance

A local authority, a consent authority, or the EPA may require a person undertaking a particular activity to provide a financial assurance.
A consent authority may include a condition in a planning consent that requires a person undertaking a particular activity to provide a financial assurance.
The purpose of a financial assurance is to provide security for the costs and expenses of remediation or clean-up in connection with a particular activity.
If the local authority, the consent authority, or the EPA requires a person to provide a financial assurance, the local authority, the consent authority, or the EPA must notify the person in writing of the form and amount of the financial assurance.
If a person is given notice under subclause (4), the person must provide the financial assurance within a period, not less than 30 working days, to be specified by the local authority, the consent authority, or the EPA.

3Form of financial assurance

A local authority, a consent authority, or the EPA may require a financial assurance to be provided—
as a bond; or
as a form of insurance; or
in any other form specified by the local authority, the consent authority, or the EPA.

Clauses 4 and 5 apply in relation to bonds under this clause.

4Bonds

A bond may be given for the performance of any 1 or more conditions the local authority, the consent authority, or the EPA considers appropriate and may continue after the expiry of the planning consent or other permission to secure the ongoing performance of conditions relating to long-term effects, including—
a condition relating to the alteration or removal of structures:
a condition relating to remedial, restoration, or maintenance work:
a condition providing for ongoing monitoring of long-term effects.

A condition describing the terms of the bond to be entered into may—
require that the bond be given before the planning consent or permission is exercised or at any other time:
require that clause 5 apply to the bond:
provide that the liability of the holder of the planning consent or permission be not limited to the amount of the bond:
require the bond to be given to secure performance of conditions of the consent, including conditions relating to any adverse effects on the environment that become apparent during or after the expiry of the consent or permission:
require the holder of the planning consent or permission to provide any security that the local authority, the consent authority, or the EPA thinks fit for the performance of any condition of the bond:
require the holder of the planning consent or permission to provide a guarantor (acceptable to the local authority, the consent authority, or the EPA) to bind itself to pay for the carrying out of a condition in the event of a default by the holder or the occurrence of an adverse environmental effect requiring remedy:
provide that the bond may be varied or cancelled or renewed at any time by agreement between the holder and the local authority, the consent authority, or the EPA.

If a local authority, the consent authority, or the EPA considers that an adverse effect may continue or arise at any time after the expiration of a planning consent or permission granted by it, the local authority, the consent authority, or the EPA may require that a bond continue for a specified period that the local authority, the consent authority, or the EPA thinks fit.

5Special provisions in respect of bonds

A bond given under clause 4 in respect of a land use consent or subdivision consent, and any other bond to which this subclause is applied as a condition of the consent,—
is to be treated as an instrument creating an interest in the land within the meaning of section 51 of the Land Transfer Act 2017, and may be registered accordingly; and
when registered under the Land Transfer Act 2017, is a covenant running with the land and, despite anything to the contrary in section 103 of the Land Transfer Act 2017, binds all subsequent owners of the land.

If the registered bond is varied, cancelled, or expires, the Registrar-General of Land must make an appropriate entry in the register and on any relevant instrument of title noting that the bond has been varied or cancelled or has expired, and the bond takes effect as so varied or ceases to have any effect, as the case may be.
If the bond has been given in respect of the completion of any work, or for the purposes of ascertaining whether the work has been completed to the satisfaction of the local authority or the EPA may from time to time, under section 171 of the Local Government Act 2002, enter on the land where the work is required to be, is being, or has been carried out.
If the holder fails, within the period prescribed by the planning consent or other permission (or within any further period that the local authority or the EPA may allow), to complete, to the satisfaction of the local authority or the EPA, any work in respect of which any bond is given (including completion of any interim monitoring required),—
the local authority or the EPA may enter on the land and complete the work and recover the cost of the work from the holder out of any money or securities deposited with the local authority or the EPA or money paid by a guarantor, so far as the money or securities will extend; and
on completion of the work to the satisfaction of the local authority or the EPA, any money or securities remaining in the hands of the local authority or the EPA after payment of the cost of the works must be returned to the holder or the guarantor, as the case may be.

If the cost of any work done by the local authority or the EPA under subclause (4) exceeds the amount recovered by the local authority or the EPA under that subclause, the amount of that excess is a debt due to the local authority or the EPA by the holder, and becomes a charge on the land.
The provisions of this schedule continue to apply despite the entry into, or subsequent variation or cancellation of, any bond.

6Amount of financial assurance

The local authority, the consent authority, or the EPA may determine the amount of a financial assurance, having regard to—
a reasonable estimate of the costs and expenses of remediation or clean-up activities for the particular activity; and
any method for calculating the amount of financial assurances published by the local authority, the consent authority, or the EPA; and
any independent assessment obtained by the local authority, the consent authority, or the EPA; and
any guidance issued by the chief executive of the Ministry for the Environment.

7Independent assessment of amount of financial assurance

For the purpose of determining the amount of a financial assurance, the local authority, the consent authority, or the EPA may require a person to provide an independent assessment of a matter within a period specified by the local authority, the consent authority, or the EPA.
If the local authority, the consent authority, or the EPA requires a person to provide an independent assessment under subclause (1), the person must pay any costs associated with obtaining the independent assessment.
An independent assessment required by the local authority, the consent authority, or the EPA under subclause (1) must be conducted by a suitably qualified person.

8Method for calculating financial assurance amount

The local authority, the consent authority, or the EPA may publish a method for calculating financial assurance amounts.
The method takes effect on the day notice is published or on any later day if specified in the notice.
The local authority, the consent authority, or the EPA must publish the method on the internet site of the local authority, the consent authority, or the EPA, as the case may be.

9Costs associated with financial assurance

A person who is required to provide a financial assurance is responsible for all reasonable costs incurred by the local authority, the consent authority, or the EPA that are associated with—
providing the financial assurance; and
determining the form and amount of a financial assurance.

10Local authority, consent authority, or EPA may review financial assurance

The local authority, the consent authority, or the EPA may review—
the requirement for a person to provide a financial assurance:
the amount of a financial assurance:
the form of a financial assurance.

The local authority, the consent authority, or the EPA may review a financial assurance in any case or class of cases prescribed by a national standard.

11Local authority, consent authority, or EPA may amend financial assurance

The local authority, the consent authority, or the EPA may, subject to subclause (2), amend—
the form of a financial assurance:
the amount of a financial assurance:
the form and the amount of a financial assurance.

If following a review, the local authority, the consent authority, or the EPA proposes to amend a financial assurance, the local authority, the consent authority, or the EPA must—
notify the person who provided the financial assurance in writing; and
invite the person who provided the financial assurance to make a submission on the proposed amendment, within 20 working days after the date of notice; and
consider any submissions from the person who provided the financial assurance.

If the local authority, the consent authority, or the EPA decides to amend a financial assurance, the local authority, the consent authority, or the EPA must notify the person in writing of the decision.
On amending a financial assurance, the local authority, the consent authority, or the EPA—
may make any changes the local authority, the consent authority, or the EPA considers necessary to implement that amendment in an instrument or a document; and
despite anything to the contrary in this Act or national instruments, may make any changes the local authority, the consent authority, or the EPA considers necessary to implement the amendment in a planning consent or other permission under this Act by complying only with this clause.

If a person is given notice under subclause (3) and is required to provide a further form, amount, or form and amount of a financial assurance, the person must provide the further requirement within a period, not less than 30 working days, to be specified by the local authority, the consent authority, or the EPA.

12Local authority, consent authority, or EPA may make a claim on financial assurance

This clause applies if—
the local authority, the consent authority, or the EPA determines that the person who provided a financial assurance has failed to conduct the remediation or clean-up activities required by this Act, regulations, or a national rule; or
the local authority, the consent authority, or the EPA has exercised clean-up powers in connection with the particular activity that the financial assurance was provided in relation to.

The local authority, the consent authority, or the EPA may make a claim on a financial assurance for any reasonable costs incurred, or that the local authority, the consent authority, or the EPA considers are likely to be incurred, by the local authority, the consent authority, or the EPA in conducting the remediation or clean-up activities.
The local authority, the consent authority, or the EPA may make a claim on a financial assurance with respect to a power specified in subclause (1)(b) whether or not any costs incurred by the local authority, the consent authority, or the EPA in conducting the remediation or clean-up activities are the result of an act or omission before the financial assurance was provided.
If the local authority, the consent authority, or the EPA makes a claim under this clause and the costs incurred by the local authority, the consent authority, or the EPA in conducting the remediation or clean-up activities exceed the amount of the financial assurance, the local authority, the consent authority, or the EPA may recover as a debt due to the Crown in a court of competent jurisdiction any reasonable costs incurred by the local authority, the consent authority, or the EPA in conducting the remediation or clean-up activities.
If the local authority, the consent authority, or the EPA makes a claim under this clause, nothing in this schedule prevents the local authority, the consent authority, or the EPA from making a further claim for reasonable costs incurred, or that the local authority, the consent authority, or the EPA considers are likely to be incurred, in conducting clean-up or remediation activities.
Any money recovered under this clause is to be paid to the local authority, the consent authority, or the EPA.

13Procedure for claim on financial assurance in the event of person’s failure to remediate or clean up

Before the local authority, the consent authority, or the EPA makes a claim on a financial assurance for a matter specified in clause 14, the local authority, the consent authority, or the EPA must—
notify the person who provided the financial assurance in writing; and
invite the person who provided the financial assurance to make a submission on the intention of the local authority, the consent authority, or the EPA to make a claim within 20 working days of the date of the notice; and
consider any submissions made within the period specified in paragraph (b).

The local authority, the consent authority, or the EPA may proceed with the claim 10 working days after the day the local authority, the consent authority, or the EPA receives any submissions or within the period specified in subclause (1)(b), whichever occurs first.
The local authority, the consent authority, or the EPA must notify the person who provided the financial assurance of a decision under subclause (2) in writing within 5 working days after the day of the decision.

14Procedure for claim on financial assurance in the event of immediate or serious risk

If the local authority, the consent authority, or the EPA makes a claim on a financial assurance for a matter specified in clause 12 that involves an immediate or serious risk to life or the environment, the local authority, the consent authority, or the EPA must—
notify the person who provided the financial assurance in writing within 10 working days of the date of the claim; and
give reasons for making the claim.

15Notice to replenish financial assurance

If the local authority, the consent authority, or the EPA makes a claim on a financial assurance, the local authority, the consent authority, or the EPA may require the person who provided the financial assurance to replenish the amount of the financial assurance by giving notice in writing.
The notice must set out the amount the person is required to provide to replenish the amount of the financial assurance consequent to the claim.
The person who is given the notice must provide the amount required to replenish the financial assurance within a period, not less than 30 working days, to be specified by the local authority, the consent authority, or the EPA.

16Specified conditions for release of financial assurance

The local authority, the consent authority, or the EPA must release all or part of a financial assurance (as the case requires) in any case or class of cases prescribed by national standards.
If the local authority, the consent authority, or the EPA releases all or part of a financial assurance, the local authority, the consent authority, or the EPA must notify the person who provided the financial assurance in writing.

17Application for release of financial assurance

A person who provides a financial assurance under this schedule may apply at any time to the local authority, the consent authority, or the EPA for the release of all or part of the financial assurance.
In considering an application under subclause (1), the local authority, the consent authority, or the EPA must—
have regard to the prescribed risk-assessment criteria (if any); and
notify the person of the decisions of the local authority, the consent authority, or the EPA within 40 working days after the date the application is received.

If, in considering an application under subclause (1), the local authority, the consent authority, or the EPA determines further information is required, the local authority, the consent authority, or the EPA may—
request the person to provide further information; and
extend the period specified in subclause (2)(b).

18Transfer of financial assurance

The local authority, the consent authority, or the EPA may transfer a financial assurance if—
a person is required to provide a financial assurance under clause 1; and
that financial assurance may be released or partly released to the person under clause 16 or 17; and
the person is required to provide another financial assurance under clause 1.

The local authority, the consent authority, or the EPA must notify the person in writing of a decision to transfer a financial assurance.
On transferring a financial assurance, the local authority, the consent authority, or the EPA may make any changes the local authority, the consent authority, or the EPA considers necessary to implement the transfer in an instrument or document.
If a person is given notice under subclause (2) and is required to provide a further amount as a financial assurance, the person must provide the further amount of the financial assurance within a period, not less than 30 working days, to be specified by the local authority, the consent authority, or the EPA.

19Enforcement of financial assurance

A person must not refuse or fail to do any of the following within the specified period:
provide a financial assurance:
provide a further amount as a financial assurance following amendment by the local authority, the consent authority, or the EPA:
replenish the amount of a financial assurance consequent to a claim on the financial assurance.

If a person refuses or fails to fulfil a requirement specified in subclause (1) when it is due, the local authority, the consent authority, or the EPA may suspend the relevant planning consent or other permission until the person fulfils the requirement.

20Adverse publicity orders

An order under this clause (an adverse publicity order) to address non-compliance with this Act may—
be made by the Environment Court in enforcement proceedings on application by the local authority or the EPA; or
be made by the District Court in proceedings in that court for an offence under this Act on application by the prosecutor; or
be offered as part of an enforceable undertaking.

An adverse publicity order may require a person involved in the commission of the non-compliance to do 1 or more of the following:
take any specified action to publicise—
1. the non-compliance:
2. any impacts on human health or the environment or other consequences arising or resulting from the non-compliance:
3. if applicable, any penalties imposed, or other orders made, by the court as a result of the commission of the non-compliance:
4. any specified additional information:
take any specified action to notify a specified person or class of persons of the matters listed in paragraph (a).

Any person against whom an adverse publicity order is made by the Environment Court or District Court may appeal to the High Court against the whole or any part of the order.
Notice of an appeal must be in the prescribed form and must—
state the reasons for the appeal and the relief sought; and
state any matters required by regulations; and
be lodged with the Environment Court and served on the consent holder and the local authority or the EPA within 15 working days after service of the order on the appellant.

The High Court may confirm or reverse the order appealed against or modify the order in any manner that the court thinks fit.
If any question arises as to whether non-compliance with this Act has been established, the question must be determined on the balance of probabilities.
If an appeal is lodged against an adverse publicity order, the order is stayed until the appeal is determined.
In this clause, non-compliance includes alleged non-compliance in the case of an enforceable undertaking.

21Local authority or the EPA may accept enforceable undertakings

A local authority or the EPA may accept an enforceable undertaking given by a person in writing in connection with a matter relating to a contravention or an alleged contravention by the person of this Act, regulations, or a national rule.
The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.

22Undertaking may include requirements as to compensation or penalties

An undertaking under clause 21 may include—
an undertaking to pay compensation to any person or otherwise take action to avoid, minimise, or remedy any actual or likely adverse effects arising from a contravention, involvement in a contravention, or possible contravention or involvement in a contravention of any provision of this Act, regulations, or a national rule:
an undertaking to pay to the local authority or the EPA an amount in compensation for the remediation of any actual or likely adverse effects arising from the contravention, involvement in a contravention, or possible contravention or involvement.

The local authority or the EPA must apply the amount collected under subclause (1)(b) to the purpose for which the amount was collected.
If an undertaking referred to in subclause (1) is given, the local authority or the EPA must give notice of that undertaking on their internet site (whether or not it gives notification of other undertakings given in relation to the same matter).
The notice under subclause (3) must include—
notice of the decision to accept an enforceable undertaking and the reasons for that decision; and
a statement of the amount of compensation to be paid or action to be taken to avoid, minimise, or remedy any actual or likely effects arising; and
the name of the person providing the undertaking; and
a brief description of the circumstances and nature of the alleged contravention to which the undertaking relates.

This clause does not limit clause 21.

23Notice of decision and reasons for decision

The local authority or the EPA must, within 15 working days after receiving a proposed enforceable undertaking, give the person seeking to make the enforceable undertaking written notice of—
its decision to accept or reject the undertaking; and
the reasons for the decision.

24When enforceable undertaking is enforceable

An enforceable undertaking takes effect and becomes enforceable when the decision of the local authority or the EPA to accept the undertaking is given to the person who made the undertaking, or at any later date specified by the local authority or the EPA.

25Compliance with enforceable undertaking

A person must not contravene an enforceable undertaking given by that person that is in force.

26Contravention of enforceable undertaking

The local authority or the EPA may apply to the District Court for an order if a person contravenes an enforceable undertaking.
If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court may make either or both of the following orders:
an order directing the person to comply with the undertaking:
an order discharging the undertaking.

In addition to the orders referred to in subclause (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to the local authority or the EPA—
the costs of the proceedings; and
the reasonable costs of the local authority or the EPA in monitoring compliance with the enforceable undertaking in the future.

This clause does not prevent proceedings being brought for the contravention or alleged contravention of this Act, regulations, or a national rule, being a contravention or an alleged contravention to which the enforceable undertaking relates if the undertaking is not complied with.

27Withdrawal or variation of enforceable undertaking

A person who has given an enforceable undertaking may at any time, with the written agreement of the local authority or the EPA,—
withdraw the undertaking; or
vary the undertaking.

However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act, regulations, or a national rule.
The local authority or the EPA must publish, on an internet site maintained by or on their behalf, notice of the withdrawal or variation of an enforceable undertaking.

28Proceedings for alleged contravention

No proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act, regulations, or a national rule may be brought against a person if an enforceable undertaking is in effect in relation to that contravention, unless the undertaking has not been complied with.
No proceedings may be brought for a contravention or an alleged contravention of this Act, regulations, or a national rule against a person who—
has made an enforceable undertaking in relation to that contravention; and
has completely discharged the enforceable undertaking.

The local authority or the EPA may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed.
If the local authority or the EPA accepts an enforceable undertaking before the proceedings are completed, the local authority or the EPA must take all reasonable steps to have the proceedings discontinued as soon as practicable.

29Monetary benefit orders

The Environment Court (in any case) or the District Court (if proceedings for an offence are taken in that court) may order a person to pay an amount not exceeding the amount that the court is satisfied, on the balance of probabilities, represents the amount of any monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence or contravention under this Act in relation to which the order is made.
When determining an amount that the person must pay under an order under subclause (1), the court may take into account—
the person’s financial circumstances; and
any amount submitted to the court by the local authority or the EPA under subclause (3) or the person under subclause (4).

The local authority or the EPA may submit to the court the amount the local authority or the EPA considers to be a reasonable estimate of the monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence or contravention in relation to which the order under subclause (1) is sought, as determined in accordance with—
a prescribed guideline, method, or protocol; or
any other method the local authority or the EPA considers appropriate.

The person has a right of reply to the submission of the local authority or the EPA under subclause (3).
For the purposes of subclause (1), the court may assume that an amount represents any monetary benefits acquired by a person, or accrued or accruing to the person, as a result of the commission of an offence or contravention if—
the local authority or the EPA submits that amount to the court under subclause (3); and
the local authority or the EPA determined that amount in accordance with a prescribed guideline, method, or protocol.

Any amount received as the payment of an order made under subclause (1) must be paid to the local authority or the EPA unless otherwise directed by the court.
In this clause, monetary benefits—
means monetary, financial, or economic benefits; and
includes any monetary, financial, or economic benefit the person acquires or accrues by avoiding or delaying the person’s compliance with the provision, condition, or duty to which the person’s offence or contravention relates.

30Pecuniary penalty order

The Environment Court, on application by a local authority or the EPA, may order a person to pay a pecuniary penalty to the Crown or any other person specified by the court if the court is satisfied that the person has contravened or permitted a contravention of this Act, regulations, or a national rule.
The court must not make the order if the person satisfies the court—
that—
1. the contravention was necessary for the purpose of saving or protecting life or health, preventing serious damage to property, or avoiding an actual or likely adverse effect on human health or a natural and physical resource; and
2. the person’s conduct was reasonable in all the circumstances; and
3. the person took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the contravention after it occurred; or
that the action or event to which the contravention relates was due to an event beyond the person’s control, including natural disaster, mechanical failure, or sabotage, and in each case—
1. the action or event could not reasonably have been foreseen or been provided against by the person; and
2. the effects of the action or event were adequately mitigated or remedied by the person after it occurred; or
that the person did not know, and could not reasonably have known, of the contravention.

The standard of proof in proceedings under this clause is the standard of proof that applies in civil proceedings.
The local authority or the EPA may apply for an order of the court to obtain discovery and administer interrogatories.

31Liability of principals and employers

Subclauses (2) and (3) apply if the person who is liable under clause 30 (person A) was acting as the agent or employee of another person (person B) at the time of the non-compliance.
Person B is liable under clause 30 in the same manner and to the same extent as if they had personally failed to comply, if it is proved—
that the act or omission that constituted the non-compliance took place with their authority, permission, or consent; or
that they knew that the non-compliance was occurring or was to occur and failed to take all reasonable steps to prevent or stop it.

The liability described in subclause (2) does not affect the liability described in subclause (1).
If the Environment Court makes an order under clause 30 against a body corporate, the court may also make an order against every director or person concerned in the management of the body corporate if it is proved—
that the act or omission that constituted the non-compliance took place with the director’s or person’s authority, permission, or consent; or
that the director or person knew that the non-compliance was occurring or was to occur and failed to take all reasonable steps to prevent or stop it.

32Amount

In determining the appropriate amount of a pecuniary penalty under clause 30, the court must have regard to all relevant matters, including—
the nature and extent of the contravention:
the nature and extent of loss or damage caused to a person, human health, the natural environment, and natural and physical resources as a result of the contravention:
the circumstances in which the contravention took place:
whether or not the person has been found in previous proceedings under this Act to have engaged in similar conduct:
the steps taken by the person to bring the contravention to the attention of the appropriate authority:
the steps taken by the person to avoid, minimise, or remedy the effects of the contravention.

Subclauses (3) to (7) state the limits on the amounts of pecuniary penalty that the court may order.
For a natural person, the limit is $1 million.
For a body corporate,—
subclause (5) states the limit that applies if—
1. the court is satisfied that the contravention occurred in the course of producing a commercial gain; and
2. the commercial gain can be readily ascertained:
subclause (6) states the limit that applies if—
1. the court is satisfied that the contravention occurred in the course of producing a commercial gain; and
2. the commercial gain cannot be readily ascertained:
subclause (7) states the limit that applies if the court is not satisfied that the contravention occurred in the course of producing a commercial gain

For the purposes of subclause (4)(a), the limit is the greater of—
$10,000,000; and
3 times the value of the commercial gain resulting from the contravention.

For the purposes of subclause (4)(b), the limit is the greater of—
$10,000,000; and
10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any) (interconnected and turnover having the meanings they have in the Commerce Act 1986).

For the purposes of subclause (4)(c), the limit is $10,000,000.

33Other orders instead of or in addition to pecuniary penalty order

The Environment Court may, instead of or in addition to making a pecuniary penalty order, make—
an order that the person mitigate or remedy any adverse effects, on persons, the natural environment, and natural and physical resources, that are caused by or on behalf of the person:
an order that the person mitigate or remedy any adverse effects, on persons, the natural environment, and natural and physical resources, that relate to land owned or occupied by the person:
an order that the person pay the costs of mitigating or remedying the adverse effects referred to in paragraph (a) or (b).

34Person not liable for fine and pecuniary penalty for same conduct

A person must not, for the same conduct,—
be convicted of an offence under this Act; and
be ordered to pay a pecuniary penalty under this Act.