131Enforcement

131 Enforcement

(1) The Head, Recycling Victoria may apply to the Magistrates' Court for an enforcement order under subsection (2) if the Head, Recycling Victoria considers that a person has breached an enforceable undertaking.

(2) If the court is satisfied that a person has breached an enforceable undertaking, the court may make any of the following orders—

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

(b) an order that the person take any specified action for the purpose of complying with the enforceable undertaking;

(c) an order that the person take any specified action to reduce the risk of failure, disruption or harm to a waste, recycling or resource recovery service or to human health or the environment resulting from the breach;

(d) an order that the person pay an amount in compensation to the Head, Recycling Victoria for any costs reasonably incurred by the Head, Recycling Victoria in taking any action to reduce the risk of failure, disruption or harm to a waste, recycling or resource recovery service or to human health or the environment resulting from the breach;

(e) an order that the person pay an amount in compensation to any other person who has suffered loss or damage as a result of the breach;

S. 131(2)(ea) inserted by No. 36/2022 s. 16.

(ea) an order that the person pay an amount under a monetary benefit order;

(f) an order revoking the enforceable undertaking;

(g) any other order that the court considers appropriate in the circumstances.