MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                          [s 505]

                     (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;
Current as at 20 February 2014                                         Page 433