New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 148

148 Order requiring compliance with biosecurity undertaking

(1) The Secretary may apply to the Land and Environment Court for an order if a person contravenes a biosecurity undertaking.

(2) If the Court is satisfied that the person who made the biosecurity undertaking has contravened the undertaking, the Court may make one or both of the following orders--

(a) an order directing the person to comply with the undertaking,

(b) an order discharging or varying the undertaking.

(3) In addition to the orders referred to in subsection (2), the Court may make any other order that the Court considers appropriate in the circumstances, including orders directing the person to pay to the State--

(a) the costs of the proceedings, and

(b) the reasonable costs of the Secretary in monitoring compliance with the biosecurity undertaking in the future.

(4) Nothing in this section affects the liability of a person who contravenes a biosecurity undertaking for an offence.