MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 10 Legal proceedings
Part 4 Restraint orders

[s 505]

                taking any sample or conducting any inspection, test,
                measurement or analysis during the investigation.
          (3)   The court may order the person to pay to the prosecution the
                reasonable costs and expenses incurred by the prosecution if it
                is satisfied it would be just to make the order in the
                circumstances of the particular case.
          (4)   This section does not limit the court’s powers under the
                Penalties and Sentences Act 1992 or any other law.




Part 4                      Restraint orders

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
Page 432                                            Current as at 20 February 2014