ENVIRONMENT PROTECTION ACT 2019 - SECT 238 Security and undertakings

ENVIRONMENT PROTECTION ACT 2019 - SECT 238

    (1)     Subject to section 239(2), the court may order an applicant in a proceeding under this Division:

        (a)     to provide security for the payment of costs that may be awarded against the applicant if the application is subsequently dismissed; and

        (b)     to give an undertaking as to the payment of any amount of damages that may be awarded under section 240.

    (2)     Without limiting its discretion under subsection (1), the court may determine not to require a security or undertaking if the court considers that the proceeding is in the public interest.