sec.109Powers about enforcement orders

sec.109 Powers about enforcement orders

The Planning and Environment Court’s power to make an enforcement order to stop, or not to start, an activity may be exercised— whether or not it appears to the court that the person against whom the order is made (the relevant person ) intends to engage again, or to continue to engage again, in the activity; and whether or not the relevant person has previously engaged in an activity of the same type; and whether or not there is danger of substantial damage to property or the environment or injury to another person if the relevant person engages, or continues to engage, in the activity. The court’s power to make an enforcement order to do anything may be exercised— whether or not it appears to the court that the person against whom the order is made (also the relevant person ) intends to fail, or to continue to fail, to do the thing; and whether or not the relevant person has previously failed to do a thing of the same type; and whether or not there is danger of substantial damage to property or the environment or injury to another person if the relevant person fails, or continues to fail, to do the thing. The court may cancel or change an enforcement order on the application of MEDQ or the person against whom the order is made. The court’s powers under this section are in addition to, and do not limit, its other powers. For costs, see the Planning and Environment Court Act 2016 , part 6 . In this section— environment see the Environmental Protection Act 1994 , section 8 . s 109 amd 2016 No. 27 s 191 (sec.109-ssec.1) The Planning and Environment Court’s power to make an enforcement order to stop, or not to start, an activity may be exercised— whether or not it appears to the court that the person against whom the order is made (the relevant person ) intends to engage again, or to continue to engage again, in the activity; and whether or not the relevant person has previously engaged in an activity of the same type; and whether or not there is danger of substantial damage to property or the environment or injury to another person if the relevant person engages, or continues to engage, in the activity. (sec.109-ssec.2) The court’s power to make an enforcement order to do anything may be exercised— whether or not it appears to the court that the person against whom the order is made (also the relevant person ) intends to fail, or to continue to fail, to do the thing; and whether or not the relevant person has previously failed to do a thing of the same type; and whether or not there is danger of substantial damage to property or the environment or injury to another person if the relevant person fails, or continues to fail, to do the thing. (sec.109-ssec.3) The court may cancel or change an enforcement order on the application of MEDQ or the person against whom the order is made. (sec.109-ssec.4) The court’s powers under this section are in addition to, and do not limit, its other powers. For costs, see the Planning and Environment Court Act 2016 , part 6 . (sec.109-ssec.5) In this section— environment see the Environmental Protection Act 1994 , section 8 .