Damage to property of Agency to be made good in addition to penalty
39.—(1) If through any act, neglect or default on account of which any person has incurred any penalty under this Act any damage is caused by that person to property belonging to the Agency, the person shall be liable to make good the damage as well as to pay the penalty.
(2) The amount of the damage is, in case of dispute, to be determined by the court by which the person incurring the penalty was convicted.
(3) The amount of the damage may be recovered as if it were a fine imposed by the court.