Australian Capital Territory Current Acts

ENVIRONMENT PROTECTION ACT 1997 - SECT 128

    (1)     If the Supreme Court is satisfied—

        (a)     that—

              (i)     the respondent has contravened or is contravening; or

              (ii)     there is a significant likelihood that the respondent will contravene;

an environmental authorisation, an environment protection order or a provision of this Act; and

        (b)     that, as a result, serious or material environmental harm has happened, is happening or is likely to happen;

the court may make—

        (c)     an order requiring the respondent to remedy the contravention; or

        (d)     an order restraining the respondent from continuing to commit the contravention; or

        (e)     an order restraining the respondent from committing the threatened or anticipated contravention;

and any other orders the court considers appropriate for the purpose of giving effect to that order.

    (2)     An order under subsection (1) must specify the date on or before which the order is to be complied with.

    (3)     The court may make an order under subsection (1) directing the respondent to stop doing a particular thing, whether or not—

        (a)     it appears to the court that the respondent intends to do the thing or continue to do the thing; or

        (b)     the respondent has previously done a thing of that kind; or

        (c)     there is a potential for serious or material environmental harm to result if the respondent does the thing or continues to do the thing.

    (4)     The court may make an order under subsection (1) directing the respondent to do a particular thing, whether or not—

        (a)     it appears to the court that the respondent does not intend to do the thing or continue to do the thing; or

        (b)     the respondent has previously not done a thing of that kind; or

        (c)     there is a potential for serious or material environmental harm to result if the respondent does not do the thing.