ENVIRONMENTAL PROTECTION ACT 1994 - SECT 505 Restraint of contraventions of Act etc.

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 505

505 Restraint of contraventions of Act etc.

(1) A proceeding may be brought in the Court for an order to remedy or restrain an offence against this Act, or a threatened or anticipated offence against this Act, by—

(a) the Minister; or

(b) the administering authority; or

(c) someone whose interests are affected by the subject matter of the proceeding; or

(d) someone else with the leave of the Court (even though the person does not have a proprietary, material, financial or special interest in the subject matter of the proceeding).

(2) In deciding whether or not to grant leave to a person under subsection (1) (d) , the Court—

(a) must be satisfied—

(i) environmental harm has been or is likely to be caused; and

(ii) the proceeding would not be an abuse of the process of the Court; and

(iii) there is a real or significant likelihood that the requirements for the making of an order under this section would be satisfied; and

(iv) it is in the public interest that the proceeding should be brought; and

(v) the person has given written notice to the Minister or, if the administering authority is a local government, the administering executive, asking the Minister or authority to bring a proceeding under this section and the Minister or executive has failed to act within a time that is a reasonable time in the circumstances; and

(vi) the person is able to adequately represent the public interest in the conduct of the proceeding; and

(b) may have regard to other matters the Court considers relevant to the person’s standing to bring and maintain the proceeding.

(3) However, the Court must not refuse to grant leave merely because the person’s interest in the subject matter of the proceeding is no different from someone else’s interest in the subject matter.

(4) The Court may grant leave subject to conditions, including, for example—

(a) a condition requiring the person to give security for the payment of costs of the proceeding that may be awarded against the person; or

(b) a condition requiring the person to give an undertaking about damages.

(5) If the Court is satisfied—

(a) an offence against this Act has been committed (whether or not it has been prosecuted); or

(b) an offence against this Act will be committed unless restrained;

the Court may make the orders it considers appropriate to remedy or restrain the offence.

(6) An order—

(a) may direct the defendant—

(i) to stop an activity that is or will be a contravention of this Act; or

(ii) to do anything required to comply with, or to cease a contravention of, this Act; and

(b) may be in the terms the Court considers appropriate to secure compliance with this Act; and

(c) must specify the time by which the order is to be complied with; and

(d) may include an order for the defendant to pay the costs reasonably incurred by the administering authority in monitoring the defendant’s actions in relation to the offence.

(7) The Court’s power to make an order to stop an activity may be exercised whether or not—

(a) it appears to the Court the person against whom the order is made intends to engage, or to continue to engage, in the activity; or

(b) the person has previously engaged in an activity of that kind; or

(c) there is danger of substantial damage to the environment if the person engages, or continues to engage, in the activity.

(8) The Court’s power to make an order to do anything may be exercised whether or not—

(a) it appears to the Court the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or

(b) the person has previously failed to do a thing of that kind; or

(c) there is danger of substantial damage to the environment if the person fails, or continues to fail, to do the thing.

(9) Without limiting the powers of the Court, the Court may make an order—

(a) restraining the use of plant or equipment or a place; or

(b) requiring the demolition or removal of plant or equipment, a structure or another thing; or

(c) requiring the rehabilitation or restoration of the environment.

(10) The Court must order a plaintiff to pay costs if the Court is satisfied the proceeding was brought for obstruction or delay.

(11) The Court’s power under this section is in addition to its other powers.

(12) A person who contravenes an order commits an offence against this Act.

Penalty—

Maximum penalty for subsection (12) —3,000 penalty units or 2 years imprisonment.