Queensland Numbered Acts

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MARINE PARKS ACT 2004 No. 31 - SECT 114

114 Effect of orders

(1) An enforcement order or an interim enforcement order may direct a party to the proceeding for the order--

(a) to stop an activity that is, or would be, an offence if not stopped; or
(b) not to start an activity that is an offence if started; or
(c) to do anything required to stop committing an offence; or
(d) to do anything to prevent or minimise impacts arising or likely to arise, directly or indirectly, from the commission of an offence; or
(e) to do anything to comply with this Act.

(2) Without limiting the court's powers, an enforcement order or an interim enforcement order may require--

(a) the repair, demolition or removal of a building; or
(b) the rehabilitation or restoration of an area adversely affected by the commission of an offence (an affected area); or
(c) if an affected area is not capable of being rehabilitated or restored--the rehabilitation or restoration of a stated area of equivalent size to the affected area.

(3) An enforcement order or an interim enforcement order--

(a) may be in terms the court considers appropriate to secure compliance with this Act; and
(b) must state the time by which the order is to be complied with.

(4) A person must not contravene an enforcement order or an interim enforcement order.

Maximum penalty--3 000 penalty units or 2 years imprisonment.

(5) In this section--

offence means--

(a) for an enforcement order sought by the chief executive or an inspector--an offence against this Act; or
(b) for an enforcement order sought by someone else--an offence against section 43 or 50.


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