Western Australian Consolidated Acts Western Australian Consolidated Acts (1) On the application
of the Minister the Supreme Court may, without regard to whether or not
proceedings have been, or may be, taken against any person for an offence
against section 12B, grant an injunction —
(a)
restraining a person from doing or causing or permitting to be done any thing
that constitutes or would constitute a contravention of, or an attempt to
contravene, section 12B;
(b)
requiring a person to take or cause to be taken, such reasonable steps as the
Supreme Court considers necessary to prevent the doing of any thing that
constitutes or would constitute a contravention of, or an attempt to
contravene, section 12B; or
(c)
restraining a person from doing or causing or permitting the doing of any
thing on land that has been cleared contrary to this Part, or using or causing
or permitting the use of such land in any way, if the doing of the thing on
the land or the use of the land in that way would or may impair or delay the
establishing or natural regeneration on the land of a tree cover,
notwithstanding that
an application under section 12D for a review may lie or be pending in
respect of a licence relating to the matter.
(2) The Supreme Court
shall not, as a condition of granting an interim injunction, require any
undertaking as to damages.
(3) An injunction
granted for the purposes of this section —
(a)
shall have effect for such period as is specified therein; and
(b) may
be varied or rescinded by the Supreme Court.
(4) This section does
not limit any right of the Crown that would exist but for this section to
apply for an injunction, and the grant, refusal, variation, rescission, or
expiry of an injunction shall not affect the taking of proceedings against any
person for an offence against section 12B nor the making of an order
under that section.
[Section 12BE inserted by No. 75 of 1980
s. 5; amended by No. 25 of 1985 s. 92; No. 73 of 1995
s. 62; No. 55 of 2004 s. 152; No. 38 of 2007 s. 10.]