sec.539DStay of particular decisions if unacceptable risk of environmental harm

### sec.539D Stay of particular decisions if unacceptable risk of environmental harm This section applies to an application under section 539A or 539B for a stay of a decision— to ask the scheme manager for a payment of costs and expenses under section 316G ; or to make a claim on or realise an EPA assurance under section 316G ; or to issue an environmental enforcement order under section 362 , other than an environmental enforcement order to which section 539E applies. The Land Court or the Court must refuse the application if satisfied there would be an unacceptable risk of serious or material environmental harm if the stay were granted. s 539D (prev s 522B) ins 2016 No. 14 s 13 sub 2018 No. 30 s 195 amd 2020 No. 26 s 87 (1) – (2) reloc and renum 2020 No. 26 s 87 (3) amd 2024 No. 30 s 45 (sec.539D-ssec.1) This section applies to an application under section 539A or 539B for a stay of a decision— to ask the scheme manager for a payment of costs and expenses under section 316G ; or to make a claim on or realise an EPA assurance under section 316G ; or to issue an environmental enforcement order under section 362 , other than an environmental enforcement order to which section 539E applies. (sec.539D-ssec.2) The Land Court or the Court must refuse the application if satisfied there would be an unacceptable risk of serious or material environmental harm if the stay were granted. - (a) to ask the scheme manager for a payment of costs and expenses under section 316G ; or - (b) to make a claim on or realise an EPA assurance under section 316G ; or - (c) to issue an environmental enforcement order under section 362 , other than an environmental enforcement order to which section 539E applies.