QLDIn ForceAct
Environmental Protection Act 1994
sec.357Power of Court to make order pending decision on application
Start here
Get a plain-English read of sec.357
Turn the raw legal text into a practical explanation grounded in Environmental Protection Act 1994.
### sec.357 Power of Court to make order pending decision on application
This section applies if the administering authority has made an application to the Court under section 355 but the Court has not decided the application.
On the application of the administering authority, the Court may make any order the Court considers appropriate pending a decision on the application.
Without limiting subsection (2) , an order may direct the person who gave the program notice to do, or stop doing, anything specified in the order to prevent a continuation of the original offence under the notice.
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 (5) —
if the offence is committed wilfully—6,250 penalty units or 5 years imprisonment; or
otherwise—4,500 penalty units.
s 357 amd 2014 No. 59 s 65
(sec.357-ssec.1) This section applies if the administering authority has made an application to the Court under section 355 but the Court has not decided the application.
(sec.357-ssec.2) On the application of the administering authority, the Court may make any order the Court considers appropriate pending a decision on the application.
(sec.357-ssec.3) Without limiting subsection (2) , an order may direct the person who gave the program notice to do, or stop doing, anything specified in the order to prevent a continuation of the original offence under the notice.
(sec.357-ssec.4) The Court’s power under this section is in addition to its other powers.
(sec.357-ssec.5) A person who contravenes an order commits an offence against this Act. Maximum penalty for subsection (5) — if the offence is committed wilfully—6,250 penalty units or 5 years imprisonment; or otherwise—4,500 penalty units.
- (a) if the offence is committed wilfully—6,250 penalty units or 5 years imprisonment; or
- (b) otherwise—4,500 penalty units.