Commonwealth Consolidated Acts

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 61AGA

  (1)   If a person has done, is doing or is proposing to do an act that:

  (a)   constitutes or would constitute an offence against this Act; or

  (b)   contravenes or would contravene a civil penalty provision;

the Federal Court or the Supreme Court of Queensland may, on application by the Minister, the Authority or by a person whose interests have been, are or would be affected by the action, grant an injunction, on terms the Court considers appropriate:

  (c)   restraining the person from doing the act; and

  (d)   if, in the Court's opinion, it is desirable to do so--requiring the person to do an act (including prevent, repair or mitigate harm to the environment in the Marine Park).

  (2)   If a person:

  (a)   has refused or failed, is refusing or failing or is proposing to refuse or fail to do an act; and

  (b)   that refusal or failure constitutes or would constitute:

  (i)   an offence against this Act; or

  (ii)   a contravention of a civil penalty provision;

the Federal Court or the Supreme Court of Queensland may, on application by the Minister, the Authority or by a person whose interests have been, are or would be affected by the refusal or failure, grant an injunction, on terms the Court considers appropriate, requiring the person to do the act.

  (3)   Before deciding to grant an injunction under this section, the Court may grant an interim injunction:

  (a)   restraining a person from doing an act; or

  (b)   requiring a person to do an act.

  (4)   The Court may discharge or vary an injunction granted under this section.

  (5)   The Court may grant an injunction under subsection   (1) restraining a person from doing an act:

  (a)   whether or not it appears to the Court that the person intends to do again, or to continue to do, an act of that kind; and

  (b)   whether or not the person has previously done an act of that kind; and

  (c)   whether or not there is an imminent danger of substantial harm to a person or to the environment in the Marine Park if the person does an act of that kind.

  (6)   The Court may grant an injunction under subsection   (2) requiring a person to do an act:

  (a)   whether or not it appears to the Court that the person intends to refuse or fail, or to continue to refuse or fail, to do the act; and

  (b)   whether or not the person has previously refused or failed to do the act; and

  (c)   whether or not there is an imminent danger of substantial harm to a person or to the environment in the Marine Park if the person refuses or fails to do the act.