NUCLEAR WASTE STORAGE AND TRANSPORTATION (PROHIBITION) ACT 1999 - SECT 8A
NUCLEAR WASTE STORAGE AND TRANSPORTATION (PROHIBITION) ACT 1999 - SECT 8A
8A . Injunctions
(1) The Minister may
apply to a court for an injunction to prevent a person from doing anything
that would involve —
(a) the
construction or operation of a nuclear waste storage facility in the State;
(b) the
use of any place in the State for the storage or disposal of nuclear waste;
(c) the
transport of nuclear waste in the State,
or that would
facilitate or provide assistance in relation to any of those matters.
(2) It is not
necessary for the Minister to prove that the act or failure sought to be
prevented by the injunction has previously occurred or would, if the
injunction were not granted, be likely to occur or continue.
(3) An interim
injunction may be granted before final determination of an application under
subsection (1).
(4) The court is not
to require, as a condition of granting an interim injunction, that an
undertaking be given as to damages or costs.
(5) The taking of
proceedings against any person for an offence under this Act is not affected
by —
(a) the
making of an application under subsection (1) for an injunction;
(b) the
grant or refusal of an injunction upon an application under subsection (1); or
(c) the
rescission, variation, or expiry of an injunction granted upon an application
under subsection (1).
[Section 8A inserted: No. 2 of 2004 s. 12.]