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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 506
Power of Court to make order pending determination of proceeding
506 Power of Court to make order pending determination of proceeding
(1) This section applies if a proceeding has been brought by a person in the
Court under section 505 and the Court has not determined the proceeding.
(2)
On the person’s application, the Court may make an order of a kind mentioned
in section 505 pending determination of the proceeding if it is satisfied it
would be proper to make the order.
(3) The Court’s power to make an order
to stop an activity may be exercised whether or not— (a) it appears to the
Court the person against whom the order is made intends to engage, or to
continue to engage, in the activity; or
(b) the person has previously engaged
in an activity of that kind; or
(c) there is an imminent danger of
substantial damage to the environment if the person engages, or continues to
engage, in the activity.
(4) The Court’s power to make an order to do
anything may be exercised whether or not— (a) it appears to the Court the
person against whom the order is made intends to fail, or to continue to fail,
to do the thing; or
(b) the person has previously failed to do a thing of
that kind; or
(c) there is an imminent danger of substantial damage to the
environment if the person fails, or continues to fail, to do the thing.
(5)
The Court’s power under this section is in addition to its other powers.
(6) A person who contravenes an order commits an offence against this Act.
Penalty— Maximum penalty for subsection (6) —3,000 penalty units or 2
years imprisonment.
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