New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 13.14

13.14 Civil proceedings to remedy or restrain breaches of this Act or regulations (or Part 5A or 5B of the Local Land Services Act 2013)

(1) Any person (including the Environment Protection Authority) may bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of--

(a) this Act or the regulations, or

(b) Part 5A or Part 5B of the Local Land Services Act 2013 or the regulations under that Part.

(2) Any such proceedings may be brought whether or not proceedings have been instituted for an offence against this Act or the regulations or for a native vegetation offence.

(3) If the Court is satisfied that a breach has been committed or that a breach will, unless restrained by order of the Court, be committed, it may make such orders as it thinks fit to remedy or restrain the breach.

(4) Without limiting the powers of the Court under this section, an order under this section may suspend any biodiversity conservation licence or any approval, certificate or other authority under the Local Land Services Act 2013 .