PESTICIDES ACT 1999 - SECT 110
Enforcement of undertakings
PESTICIDES ACT 1999 - SECT 110
Enforcement of undertakings
110 Enforcement of undertakings
(1) The Environment Protection Authority may
accept a written undertaking given by a person for the purposes of this
section in connection with a matter in relation to which the Authority has a
function under this Act.
(2) The person may withdraw or vary the undertaking
at any time, but only with the consent in writing of the Authority. The
consent of the Authority is required even if the undertaking purports to
authorise withdrawal or variation of the undertaking without that consent.
(3) The Authority may apply to the Land and Environment Court for an order
under subsection (4) if the Authority considers that the person who gave the
undertaking has breached any of its terms.
(4) The Court may make all or any
of the following orders if it is satisfied that the person has breached a term
of the undertaking--
(a) an order directing the person to comply with that
term of the undertaking,
(b) an order directing the person to pay to the
State an amount not exceeding the amount of any financial benefit that the
person has obtained directly or indirectly and that is reasonably attributable
to the breach,
(c) any order that the Court thinks appropriate directing the
person to compensate any other person who has suffered loss or damage as a
result of the breach,
(d) an order suspending or revoking any licence held by
the person,
(e) an order requiring the person to prevent, control, abate or
mitigate any actual or likely harm to the environment caused by the breach,
(f) an order requiring the person to make good any actual or likely harm to
the environment caused by the breach,
(g) any other order the Court considers
appropriate.
