Commonwealth Numbered Acts

LANDS ACQUISITION ACT 1989 No. 15 of 1989 - SECT 133

133. (1) Where a person has used, or is proposing to use, land in a manner
inconsistent with a restriction on the use of the land acquired by an
acquiring authority under this Act, the Federal Court may, on the application
of that authority, grant an injunction restraining the person from using the
land in that manner.

(2) Where an application is made to the Court for an injunction under this
section, the Court may, if in the Court's opinion it is desirable to do so,
grant an interim injunction restraining a person from engaging in conduct of
the kind to which the application relates pending the determination of the
application.

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

(4) The power of the Court to grant an injunction restraining a person from
using land in a particular manner may be exercised:

   (a)  if the Court is satisfied that the person has used the land in that
        manner - whether or not it appears to the Court that the person
        intends again to use the land, or to continue to use the land, in that
        manner; or

   (b)  if it appears to the Court that, in the event that an injunction is
        not granted, it is likely that the person will use the land in that
        manner - whether or not the person has previously used the land in
        that manner and whether or not there is an imminent danger of
        substantial damage to any person if the first-mentioned person uses
        the land in that manner.

(5) The powers conferred on the Court by this section are in addition to, and
not in derogation of, any other powers of the Court, whether conferred by this
Act or otherwise.