ENVIRONMENT PROTECTION ACT 2019 - SECT 216 Enforcement orders
ENVIRONMENT PROTECTION ACT 2019 - SECT 216
Enforcement orders(1) The CEO may apply to the court for an enforcement order if the CEO considers that a proponent, an approval holder or a related person has contravened an enforceable undertaking accepted by the CEO.
(2) The court may make any of the following enforcement orders if the court is satisfied that the proponent, the approval holder or the related person has contravened an enforceable undertaking:
(a) an order directing the proponent, the approval holder or the related person to comply with the undertaking;
(b) an order directing the proponent, the approval holder or the related person to do any specified act or thing for the purpose of complying with the enforceable undertaking;
(c) an order directing the proponent, the approval holder or the related person to do any specified act or thing to minimise environmental harm resulting from the contravention of the enforceable undertaking;
(d) an order that the proponent, the approval holder or the related person pay an amount to the CEO for any costs reasonably incurred by the CEO in taking action to minimise environmental harm resulting from the contravention of the enforceable undertaking, including any investigation, legal or court costs;
(e) an order that the proponent, the approval holder or the related person holder pay an amount in compensation to any other person who has suffered loss or damage as a result of the contravention of the enforceable undertaking;
(f) an order revoking the enforceable undertaking;
(g) any other order the court considers appropriate in the circumstances.