309Court orders

309 Court orders (1) On an application by the Authority or an eligible person, a Court may make an order restraining a person from engaging in specified conduct or requiring a person to take any specific action, in such terms as the Court considers appropriate, if the Court is satisfied that a person— (a) is not complying or has not complied with a permission issued or granted under this Act; or (b) is contravening or has contravened any other requirement or duty imposed on the person by or under this Act. (2) Without limiting subsection (1), an order under that subsection may— (a) require a person to do a specified act or thing that the Court considers reasonably necessary to prevent, minimise or remedy the contravention or non-compliance; or (b) require a person to provide a financial assurance as a condition for engaging in specified conduct. (3) The Authority or an eligible person may apply for an order under subsection (1) whether or not proceedings have been taken for— (a) an offence against this Act or the regulations; or (b) a contravention of a civil penalty provision under this Act. (4) The power of a Court to grant an order under subsection (1) may be exercised whether or not the contravention or non-compliance— (a) is likely to result in harm to any person or the environment; or (b) is likely to result in an infringement of the rights of any person. (5) An application for an order under subsection (1) may be made ex parte. S. 310 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).