MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                           [s 506]

              (b)    the person has previously failed to do a thing of that
                     kind; or
              (c)    there is danger of substantial damage to the environment
                     if the person fails, or continues to fail, to do the thing.
        (9)   Without limiting the powers of the Court, the Court may make
              an order—
              (a)    restraining the use of plant or equipment or a place; or
              (b)    requiring the demolition or removal of plant or
                     equipment, a structure or another thing; or
              (c)    requiring the rehabilitation or restoration of the
                     environment.
       (10)   The Court must order a plaintiff to pay costs if the Court is
              satisfied the proceeding was brought for obstruction or delay.
       (11)   The Court’s power under this section is in addition to its other
              powers.
       (12)   A person who contravenes an order commits an offence
              against this Act.
              Maximum penalty for subsection (12)—3000 penalty units or
              2 years imprisonment.

506      Power of Court to make order pending determination of
         proceeding
        (1)   This section applies if a proceeding has been brought by a
              person in the Court under section 505 and the Court has not
              determined the proceeding.
        (2)   On the person’s application, the Court may make an order of a
              kind mentioned in section 505 pending determination of the
              proceeding if it is satisfied it would be proper to make the
              order.
        (3)   The Court’s power to make an order to stop an activity may be
              exercised whether or not—



Current as at 20 February 2014                                          Page 435