ENVIRONMENT PROTECTION ACT 1997 - SECT 136K Contravention of enforceable undertakings
ENVIRONMENT PROTECTION ACT 1997 - SECT 136K
Contravention of enforceable undertakings(1) If the authority believes on reasonable grounds that an enforceable undertaking has been contravened by anyone, the authority may apply to the Magistrates Court for an order under subsection (2).
(2) If the Magistrates Court is satisfied that the enforceable undertaking has been contravened, the court may make 1 or more of the following orders:
(a) an order requiring the person who gave the undertaking to ensure that the undertaking is not contravened;
(b) an order requiring the person who gave the undertaking to pay to the Territory the amount assessed by the court as the value of the benefits anyone derived, directly or indirectly, from the contravention of the undertaking;
(c) an order that the court considers appropriate requiring the person who gave the undertaking to compensate someone who has suffered loss or damage because of the contravention of the undertaking;
(d) any other order that the court considers appropriate.
(3) A person commits an offence if the person fails to take all reasonable steps to comply with an order under subsection (2).
Maximum penalty: 200 penalty units.