166Court orders to restrain or remedy contraventions

166 Court orders to restrain or remedy contraventions

166 Court orders to restrain or remedy contraventions

(1) The Secretary may apply to the Land and Environment Court for an order to remedy or restrain a contravention of this Act or the regulations.

(2) The Land and Environment Court may make the order if satisfied that—

(a) a contravention—

(i) has been committed, or

(ii) will be committed, and

(b) the order will remedy or restrain the contravention.

(3) The making of the order does not require—

(a) a likelihood of damage, or

(b) proceedings to be instituted for an offence.

(4) The Land and Environment Court may make an interim order before the proceedings are completed if the Court considers it appropriate to do so.

(5) The Land and Environment Court must not require the Secretary or another person to give an undertaking as to damages as a condition of making the interim order.