CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 96
Restraint of breaches
CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 96
Restraint of breaches
96 Restraint of breaches
(1) Any person may bring proceedings in the Land and Environment Court for an
order to remedy or restrain a breach (or a threatened or apprehended breach)
of this Act or the regulations, whether or not any right of that person has
been or may be infringed by or as a consequence of that breach.
(2)
Proceedings under this section may be brought by a person on the person's own
behalf or on behalf of the person and other persons (with their consent), or a
body corporate or unincorporated (with the consent of its committee or other
controlling or governing body), having like or common interests in those
proceedings.
(3) Any person on whose behalf proceedings are brought is
entitled to contribute to or provide for the payment of the legal costs and
expenses incurred by the person bringing the proceedings.
(4) If the Court is
satisfied that a breach of this Act has been committed or that a breach of
this Act will, unless restrained by order of the Court, be committed, it may
make such order as it thinks fit to remedy or restrain the breach.
