MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 505]

                the Court may make the orders it considers appropriate to
                remedy or restrain the offence.
          (6)   An order—
                (a)   may direct the defendant—
                      (i)   to stop an activity that is or will be a contravention
                            of this Act; or
                      (ii) to do anything required to comply with, or to cease
                           a contravention of, this Act; and
                (b)   may be in the terms the Court considers appropriate to
                      secure compliance with this Act; and
                (c)   must specify the time by which the order is to be
                      complied with; and
                (d)   may include an order for the defendant to pay the costs
                      reasonably incurred by the administering authority in
                      monitoring the defendant’s actions in relation to the
                      offence.
          (7)   The Court’s power to make an order to stop an activity may be
                exercised whether or not—
                (a)   it appears to the Court the person against whom the
                      order is made intends to engage, or to continue to
                      engage, in the activity; or
                (b)   the person has previously engaged in an activity of that
                      kind; or
                (c)   there is danger of substantial damage to the environment
                      if the person engages, or continues to engage, in the
                      activity.
          (8)   The Court’s power to make an order to do anything may be
                exercised whether or not—
                (a)   it appears to the Court the person against whom the
                      order is made intends to fail, or to continue to fail, to do
                      the thing; or



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