ACTIn ForceAct
Environment Protection Act 1997
136KContravention of enforceable undertakings
Start here
Get a plain-English read of 136K
Turn the raw legal text into a practical explanation grounded in Environment Protection Act 1997.
136K Contravention of enforceable undertakings
(1) If the authority believes on reasonable grounds that an enforceable
undertaking has been contravened by anyone, the authority may apply
to the Magistrates Court for an order under subsection (2).
(2) If the Magistrates Court is satisfied that the enforceable undertaking
has been contravened, the court may make 1 or more of the following
orders:
(a) an order requiring the person who gave the undertaking to
ensure that the undertaking is not contravened;
(b) an order requiring the person who gave the undertaking to pay
to the Territory the amount assessed by the court as the value of
the benefits anyone derived, directly or indirectly, from the
contravention of the undertaking;
(c) an order that the court considers appropriate requiring the person
who gave the undertaking to compensate someone who has
suffered loss or damage because of the contravention of the
undertaking;
(d) any other order that the court considers appropriate.
(3) A person commits an offence if the person fails to take all reasonable
steps to comply with an order under subsection (2).