ENVIRONMENTAL PROTECTION ACT 1986 - SECT 51S

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 51S

51S .         Clearing injunctions

        (1)         In this section —

        contravention includes the continuation of a contravention;

        court means the Supreme Court;

        improper conduct means an act or omission constituting a contravention of, or involvement in a contravention of, section 51C or 51J;

        involvement in a contravention means —

            (a)         aiding, abetting, counselling, or procuring the contravention; or

            (b)         inducing the contravention, whether by threats or promises or otherwise; or

            (c)         being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or

            (d)         conspiring with others to effect the contravention; or

            (e)         attempting to do anything constituting involvement in a contravention under paragraph (a), (b), (c) or (d).

        (2)         Without limiting any other power the court may have to grant injunctive relief, it is declared that the court may grant an injunction to prevent a person from engaging in improper conduct (a clearing injunction ).

        (3)         The CEO may apply for a clearing injunction.

        (4)         A clearing injunction may be granted if the court is satisfied that it would be appropriate to grant the injunction —

            (a)         whether or not it is proved that the person intends to engage, or to engage again, or to continue to engage, in improper conduct of the kind sought to be prevented by the injunction; and

            (b)         whether or not the person has previously engaged in improper conduct of that kind.

        (5)         An interim clearing injunction may be granted before final determination of an application for a clearing injunction.

        (6)         The court is not to require, as a condition of granting an interim clearing injunction, that an undertaking be given as to damages or costs.

        (7)         The taking of proceedings against any person for an offence under this Act is not affected by —

            (a)         the making of an application for a clearing injunction; or

            (b)         the grant or refusal of a clearing injunction or an interim clearing injunction; or

            (c)         the rescission, variation, or expiry of a clearing injunction or an interim clearing injunction.

        [Section 51S inserted: No. 54 of 2003 s. 110(1).]