MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 506]

                (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 an imminent danger of substantial damage to the
                      environment if the person engages, or continues to
                      engage, in the activity.
          (4)   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
                (b)   the person has previously failed to do a thing of that
                      kind; or
                (c)   there is an imminent danger of substantial damage to the
                      environment if the person fails, or continues to fail, to
                      do the thing.
          (5)   The Court’s power under this section is in addition to its other
                powers.
          (6)   A person who contravenes an order commits an offence
                against this Act.
                Maximum penalty for subsection (6)—3000 penalty units or 2
                years imprisonment.




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