sec.148Restraint of contraventions of Act etc.

### sec.148 Restraint of contraventions of Act etc. A proceeding may be brought in the Planning and Environment Court for an order to remedy or restrain an offence against this Act, or a threatened offence against this Act, by— the Minister; or the chief executive; or someone whose interests are affected by the subject matter of the proceeding; or someone else with the leave of the court (even though the person does not have a proprietary, material, financial or special interest in the subject matter of the proceeding). In deciding whether or not to grant leave to a person under subsection (1) (d) , the court— must be satisfied— harm has been or is likely to be caused to the coastal zone; and the proceeding would not be an abuse of the process of the court; and there is a real or significant likelihood that the requirements for the making of an order under this section would be satisfied; and it is in the public interest that the proceeding should be brought; and the person has given written notice to the Minister asking the Minister to bring a proceeding under this section and the Minister has failed to act within a time that is a reasonable time in the circumstances; and the person is able to adequately represent the public interest in the conduct of the proceeding; and may have regard to other matters the court considers relevant to the person’s standing to bring and maintain the proceeding. However, the court must not refuse to grant leave merely because the person’s interest in the subject matter of the proceeding is no different from someone else’s interest in the subject matter. The court may grant leave subject to conditions, including, for example— a condition requiring the person to give security for the payment of costs of the proceeding that may be awarded against the person; or a condition requiring the person to give an undertaking about damages. If the court is satisfied— an offence against this Act has been committed (whether or not it has been prosecuted); or an offence against this Act will be committed unless restrained; the court may make the orders it considers appropriate to remedy or restrain the offence. An order— may direct the defendant— to stop an activity that is or will be a contravention of this Act; or to do anything required to comply with, or to cease a contravention of, this Act; and may be in the terms the court considers appropriate to secure compliance with this Act; and must specify the time by which the order is to be complied with. The court’s power to make an order to stop an activity may be exercised whether or not— 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 the person has previously engaged in an activity of that kind; or there is danger of substantial damage to the coastal zone if the person engages, or continues to engage, in the activity. The court’s power to make an order to do anything may be exercised whether or not— 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 the person has previously failed to do a thing of that kind; or there is danger of substantial damage to the coastal zone if the person fails, or continues to fail, to do the thing. Without limiting the powers of the court, the court may make an order— restraining the use of plant or equipment or a place; or requiring the demolition or removal of plant or equipment, a structure or another thing; or requiring the rehabilitation or restoration of the coastal zone. The court must order a plaintiff to pay costs if the court is satisfied the proceeding was brought for obstruction or delay. The court’s power under this section is in addition to its other powers. A person who contravenes an order commits an offence against this Act. Maximum penalty for subsection (12) —3,000 penalty units. (sec.148-ssec.1) A proceeding may be brought in the Planning and Environment Court for an order to remedy or restrain an offence against this Act, or a threatened offence against this Act, by— the Minister; or the chief executive; or someone whose interests are affected by the subject matter of the proceeding; or someone else with the leave of the court (even though the person does not have a proprietary, material, financial or special interest in the subject matter of the proceeding). (sec.148-ssec.2) In deciding whether or not to grant leave to a person under subsection (1) (d) , the court— must be satisfied— harm has been or is likely to be caused to the coastal zone; and the proceeding would not be an abuse of the process of the court; and there is a real or significant likelihood that the requirements for the making of an order under this section would be satisfied; and it is in the public interest that the proceeding should be brought; and the person has given written notice to the Minister asking the Minister to bring a proceeding under this section and the Minister has failed to act within a time that is a reasonable time in the circumstances; and the person is able to adequately represent the public interest in the conduct of the proceeding; and may have regard to other matters the court considers relevant to the person’s standing to bring and maintain the proceeding. (sec.148-ssec.3) However, the court must not refuse to grant leave merely because the person’s interest in the subject matter of the proceeding is no different from someone else’s interest in the subject matter. (sec.148-ssec.4) The court may grant leave subject to conditions, including, for example— a condition requiring the person to give security for the payment of costs of the proceeding that may be awarded against the person; or a condition requiring the person to give an undertaking about damages. (sec.148-ssec.5) If the court is satisfied— an offence against this Act has been committed (whether or not it has been prosecuted); or an offence against this Act will be committed unless restrained; the court may make the orders it considers appropriate to remedy or restrain the offence. (sec.148-ssec.6) An order— may direct the defendant— to stop an activity that is or will be a contravention of this Act; or to do anything required to comply with, or to cease a contravention of, this Act; and may be in the terms the court considers appropriate to secure compliance with this Act; and must specify the time by which the order is to be complied with. (sec.148-ssec.7) The court’s power to make an order to stop an activity may be exercised whether or not— 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 the person has previously engaged in an activity of that kind; or there is danger of substantial damage to the coastal zone if the person engages, or continues to engage, in the activity. (sec.148-ssec.8) The court’s power to make an order to do anything may be exercised whether or not— 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 the person has previously failed to do a thing of that kind; or there is danger of substantial damage to the coastal zone if the person fails, or continues to fail, to do the thing. (sec.148-ssec.9) Without limiting the powers of the court, the court may make an order— restraining the use of plant or equipment or a place; or requiring the demolition or removal of plant or equipment, a structure or another thing; or requiring the rehabilitation or restoration of the coastal zone. (sec.148-ssec.10) The court must order a plaintiff to pay costs if the court is satisfied the proceeding was brought for obstruction or delay. (sec.148-ssec.11) The court’s power under this section is in addition to its other powers. (sec.148-ssec.12) A person who contravenes an order commits an offence against this Act. Maximum penalty for subsection (12) —3,000 penalty units. - (a) the Minister; or - (b) the chief executive; or - (c) someone whose interests are affected by the subject matter of the proceeding; or - (d) someone else with the leave of the court (even though the person does not have a proprietary, material, financial or special interest in the subject matter of the proceeding). - (a) must be satisfied— (i) harm has been or is likely to be caused to the coastal zone; and (ii) the proceeding would not be an abuse of the process of the court; and (iii) there is a real or significant likelihood that the requirements for the making of an order under this section would be satisfied; and (iv) it is in the public interest that the proceeding should be brought; and (v) the person has given written notice to the Minister asking the Minister to bring a proceeding under this section and the Minister has failed to act within a time that is a reasonable time in the circumstances; and (vi) the person is able to adequately represent the public interest in the conduct of the proceeding; and - (i) harm has been or is likely to be caused to the coastal zone; and - (ii) the proceeding would not be an abuse of the process of the court; and - (iii) there is a real or significant likelihood that the requirements for the making of an order under this section would be satisfied; and - (iv) it is in the public interest that the proceeding should be brought; and - (v) the person has given written notice to the Minister asking the Minister to bring a proceeding under this section and the Minister has failed to act within a time that is a reasonable time in the circumstances; and - (vi) the person is able to adequately represent the public interest in the conduct of the proceeding; and - (b) may have regard to other matters the court considers relevant to the person’s standing to bring and maintain the proceeding. - (i) harm has been or is likely to be caused to the coastal zone; and - (ii) the proceeding would not be an abuse of the process of the court; and - (iii) there is a real or significant likelihood that the requirements for the making of an order under this section would be satisfied; and - (iv) it is in the public interest that the proceeding should be brought; and - (v) the person has given written notice to the Minister asking the Minister to bring a proceeding under this section and the Minister has failed to act within a time that is a reasonable time in the circumstances; and - (vi) the person is able to adequately represent the public interest in the conduct of the proceeding; and - (a) a condition requiring the person to give security for the payment of costs of the proceeding that may be awarded against the person; or - (b) a condition requiring the person to give an undertaking about damages. - (a) an offence against this Act has been committed (whether or not it has been prosecuted); or - (b) an offence against this Act will be committed unless restrained; - (a) may direct the defendant— (i) to stop an activity that is or will be a contravention of this Act; or (ii) to do anything required to comply with, or to cease a contravention of, this Act; and - (i) to stop an activity that is or will be a contravention of this Act; or - (ii) to do anything required to comply with, or to cease a contravention of, this Act; and - (b) may be in the terms the court considers appropriate to secure compliance with this Act; and - (c) must specify the time by which the order is to be complied with. - (i) to stop an activity that is or will be a contravention of this Act; or - (ii) to do anything required to comply with, or to cease a contravention of, this Act; and - (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 danger of substantial damage to the coastal zone if the person engages, or continues to engage, in the activity. - (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 danger of substantial damage to the coastal zone if the person fails, or continues to fail, to do the thing. - (a) restraining the use of plant or equipment or a place; or - (b) requiring the demolition or removal of plant or equipment, a structure or another thing; or - (c) requiring the rehabilitation or restoration of the coastal zone.