sec.149Power of court to make order pending final decision in proceeding

### sec.149 Power of court to make order pending final decision in proceeding This section applies if a proceeding has been brought by a person in the Planning and Environment Court under section 148 and the court has not finally determined the proceeding. On the person’s application, the court may make an order of a kind mentioned in section 148 pending determination of the proceeding if it is satisfied it would be proper to make the order. 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 an imminent 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 an imminent danger of substantial damage to the coastal zone if the person fails, or continues to fail, to do the thing. 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 (6) —3,000 penalty units. s 149 amd 2001 No. 93 s 24 sch (sec.149-ssec.1) This section applies if a proceeding has been brought by a person in the Planning and Environment Court under section 148 and the court has not finally determined the proceeding. (sec.149-ssec.2) On the person’s application, the court may make an order of a kind mentioned in section 148 pending determination of the proceeding if it is satisfied it would be proper to make the order. (sec.149-ssec.3) 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 an imminent danger of substantial damage to the coastal zone if the person engages, or continues to engage, in the activity. (sec.149-ssec.4) 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 an imminent danger of substantial damage to the coastal zone if the person fails, or continues to fail, to do the thing. (sec.149-ssec.5) The court’s power under this section is in addition to its other powers. (sec.149-ssec.6) A person who contravenes an order commits an offence against this Act. Maximum penalty for subsection (6) —3,000 penalty units. - (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 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 an imminent danger of substantial damage to the coastal zone if the person fails, or continues to fail, to do the thing.