ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 131 Injunctions granted on the application of interested persons

ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 131

131. (1) If the Minister or the Director has engaged, is engaging or is
proposing to engage in any conduct in contravention of this Act (other than
Part 2 or Division 2 of Part 5), the Federal Court may, on the application of
an interested person:

   (a)  grant an injunction restraining the Minister or the Director from
        engaging in the conduct; and

   (b)  if in the court's opinion it is desirable to do so-require the
        Commonwealth agency to do something.

(2) If:

   (a)  the Minister or the Director has refused or failed, or is refusing or
        failing, or is proposing to refuse or fail, to do something; and

   (b)  the refusal or failure was, is or would be a contravention of this Act
        (other than Part 2); the Federal Court may, on the application of an
        interested person, grant an injunction requiring the Minister or the
        Director to do it.

(3) In this section:

"interested person" means:

   (a)  a person who has engaged in a series of activities relating to the
        protection or conservation of, or research into, listed native species
        or listed ecological communities; or

   (b)  subject to subsection (4), an organisation or association (whether
        incorporated or not) whose objects or purposes include, and whose
        activities relate to, the protection or conservation of, or research
        into, listed native species or listed ecological communities.

(4) Paragraph (3)(b) does not apply to an application if it relates to
something done:

   (a)  before the organisation or association was formed; or

   (b)  before the objects or purposes of the organisation or association
        included the matter concerned; or

   (c)  before the organisation or association engaged in activities relating
        to the matter concerned.