Part 10Enforcement

Part 10—Enforcement Division 1—Authorised officers 202—Authorised officers (1) The Minister may appoint a person to be an authorised officer. (2) An appointment under this section may be made subject to such conditions or limitations as the Minister thinks fit. (3) Without limiting subsection (2), the powers conferred on an authorised officer under this or any other Act may be exercised in the whole of the State or such part or parts of the State as may be specified in the instrument of appointment. (4) The Minister may only appoint an officer of a council as an authorised officer under this section with the agreement of the council. (5) The Minister may vary or revoke an appointment at any time. 203—Identity cards (1) An authorised officer must be issued with an identity card— (a) containing the person's name and a photograph of the person; and (b) stating that the person is an authorised officer for the purposes of this Act. (2) The identity card must be issued as soon as is reasonably practicable after the appointment is made (but an authorised officer is not prevented from exercising powers under this Act just because an identity card is yet to be issued). (3) An authorised officer must, on request, produce evidence of the officer's appointment by showing a copy of the officer's notice of appointment, or by showing the officer's identity card for inspection, before exercising the powers of an authorised officer under this Act in relation to any person. (4) For the purposes of subsection (3), an authorised officer who produces a copy of the officer's notice of appointment is not required to produce an identity card, and vice versa. 204—Powers of authorised officers (1) An authorised officer may, as may reasonably be required in connection with the administration, operation or enforcement of this Act, at any reasonable time— (a) enter any place; (b) inspect any place, including the stratum lying below the surface of any land, and water on or under any land, and inspect any works, plant or equipment; (c) enter and inspect any vehicle and for that purpose require a vehicle to stop, or to be presented for inspection at a place and time specified by the authorised officer, and board any vessel or craft; (d) use reasonable force to break into or open any part of, or anything in or on, any place or vehicle, but only if the authorised officer— (i) is acting under the authority of a warrant issued by a magistrate; or (ii) is acting with the permission of the owner of the relevant land, or the person apparently in charge of the vehicle (as the case requires); or (iii) believes on reasonable grounds that immediate action is required because a Category 1 or Category 2 animal may be present in the place or vehicle; (e) give directions with respect to the stopping, securing or movement of a vehicle, plant, equipment or other thing; (f) require a person apparently in charge of a vessel or craft to facilitate any boarding; (g) bring any equipment or other thing on to any land, and use that equipment or thing on the land; (h) take measurements, including measurements of the flow of any water on or under any land or relating to any change in any aspect of a natural resource; (i) place any markers, pegs or other items or equipment in order to assist in testing or monitoring; (j) take samples of any substance or thing from any place (including under any land) or vehicle; (k) with the authority of a warrant issued by a magistrate, require any person to produce specified documents or documents of a specified kind, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process; (l) with the authority of a warrant issued by a magistrate, examine, copy or take extracts from a document or information so produced or require a person to provide a copy of any such document or information; (m) take photographs, films, audio, video or other recordings; (n) examine or test any vehicle, plant, equipment, fitting or other thing, or cause or require it to be so examined or tested, or require its production for such examination or testing; (o) seize and retain anything that the authorised officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act, or require a person to surrender, either immediately or within a specified period and at a specified place, anything held or maintained in contravention of this Act; (p) without limiting the operation of paragraph (o), if the authorised officer finds any animals or plants that are being held or maintained contrary to any requirement or provision of this Act, that are liable to be destroyed or controlled under this Act, or that are prohibited from being in the State under any other Act or law, seize and remove the animals or plants or take measures for their destruction or control; (q) require a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; (r) require a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is reasonably required in connection with the administration, operation or enforcement of this Act to answer questions in relation to those matters; (s) give directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration, operation or enforcement of this Act; (t) require a person holding or required to hold a permit, licence or other authority under this Act, or acting in reliance of a permit, licence or other authority under this Act, to produce immediately the permit, licence or authority for inspection. (2) Without limiting subsection (1), an authorised officer may exercise a power under this section for the purpose of determining whether a management agreement is being, or has been, complied with. (3) An authorised officer must not exercise a power conferred by subsection (1) or (2) in respect of residential premises unless the authorised officer is acting — (b) in a case where the authorised officer believes, on reasonable grounds, that a Category 1 or Category 2 animal may be present on the premises. (4) An authorised officer in exercising powers under this section may be accompanied by such assistants as are reasonably required in the circumstances. (5) An authorised officer may only use force to enter any place or vehicle— (b) if the authorised officer believes, on reasonable grounds, that a Category 1 or Category 2 animal may be present in the place or vehicle. (6) A magistrate must not issue a warrant under subsection (1)(k) or (l) unless satisfied that there are reasonable grounds to believe that circumstances require the relevant action to be taken. (7) A magistrate must not issue a warrant under subsection (5) unless satisfied that there are reasonable grounds to believe— (a) that a contravention of this Act has been, is being, or is about to be, committed in or on a place or vehicle; or (b) that something may be found in or on a place or vehicle that has been used in, or constitutes evidence of, a contravention of this Act; or (c) that other circumstances require such action to be taken. (8) An application for the issue of a warrant under this section— (a) may be made either personally or by telephone; and (b) must be made in accordance with any procedures prescribed by the regulations. (9) If an authorised officer digs up any land under this section, the authorised officer must, after taking such steps as the authorised officer thinks fit in the exercise of powers under this section, insofar as is reasonably practicable, take steps to ensure that the land is restored to such state as is reasonable in the circumstances. (10) If an authorised officer causes any damage by digging up any land under this section, the Crown is liable to pay reasonable compensation to any person who has suffered loss on account of that damage. (11) If any animal or plant is surrendered under subsection (1)(o) or seized or removed under subsection (1)(p), the animal or plant may be destroyed or disposed of in such manner as the Chief Executive approves if the Chief Executive believes on reasonable grounds that such action should be taken. (12) An authorised officer may require an occupier of any land or a person apparently in charge of any vehicle, plant, equipment or other thing to give to the authorised officer or a person assisting the authorised officer such assistance as is reasonably required by the authorised officer for the effective exercise of powers conferred by this Act. (13) If a person gives assistance to an authorised officer as required under subsection (12), the person must, if the person so requires, be reimbursed in accordance with the regulations for any reasonable costs and expenses incurred in giving the assistance. (14) An authorised officer must, in taking action under this section, have regard to any request made by indigenous peoples that the authorised officer (or authorised officers generally) not enter a specified area. (15) If— (a) an authorised officer seizes or takes possession of an animal under this section; and (b) a permit authorising the keeping of the animal is subsequently issued to a person, the reasonable costs and expenses in keeping the animal pending its return may be recovered by the Chief Executive from the person to whom the permit has been issued (and, if the Chief Executive so directs, the animal may be retained by an authorised officer until those costs and expenses are paid). (16) An authorised officer may, if the authorised officer thinks fit, determine not to seize something that the authorised officer suspects has been used in, or may constitute evidence of, a contravention of this Act pending the outcome of any proceedings or other process under this Act (and a decision not to exercise a power of seizure does not prevent the institution of proceedings under this Act). (17) In this section— Category 1 or Category 2 animal means an animal assigned to such a category under Part 9. 205—Provisions relating to seizure (1) If a thing has been seized under section 204(1)(o) or (p) the following provisions apply: (a) the thing must be held pending proceedings for an offence against this Act related to the thing seized, unless the Chief Executive, on application, authorises its release to the person from whom it was seized, or to any person who had legal title to it at the time of its seizure, subject to such conditions as the Chief Executive thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii)); (b) if proceedings for an offence against this Act relating to the thing are instituted within the prescribed period after its seizure and the defendant is convicted or found guilty of the offence, the court may— (i) order that it be forfeited to the Crown; or (ii) where it has been released pursuant to paragraph (a)—order that it be forfeited to the Crown or that the person to whom it was released or the defendant pay to the Crown an amount equal to its market value at the time of its seizure, as the court thinks fit; (c) if— (i) proceedings are not instituted for an offence against this Act relating to the thing within the prescribed period after its seizure; or (ii) proceedings have been so instituted and— (A) the defendant is found not guilty of the offence; or (B) the defendant is convicted or found guilty of the offence but no order for forfeiture is made under paragraph (b), then the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Crown (if necessary, by action in a court of competent jurisdiction) the thing itself, or if it has been damaged or destroyed, compensation of an amount equal to its market value at the time of its seizure, unless possession of the thing is (or would be) contrary to another provision of this Act; (d) if— (i) possession of the thing by the person from whom the thing was seized is (or would be) contrary to another provision of this Act; or (ii) a thing is not liable for forfeiture under a preceding paragraph and the Chief Executive has, after taking reasonable steps in the circumstances, been unable to return the thing to the person from whom it was received, the Chief Executive may deal with or dispose of the thing in such manner as the Chief Executive thinks fit. (2) Subsection (1) does not limit the operation of section 204(11). (3) In subsection (1)— the prescribed period means 12 months or such longer period as the ERD Court may, on application by the Minister, allow. 206—Hindering etc persons engaged in the administration of this Act (1) A person who— (a) without reasonable excuse hinders or obstructs an authorised officer or other person engaged in the administration or enforcement of this Act; or (b) fails to answer a question put by an authorised officer to the best of the person's knowledge, information or belief; or (c) produces a document or record that the person knows is false or misleading in a material particular; or (d) fails without reasonable excuse to comply with a requirement or direction of an authorised officer under this Act; or (e) uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or (f) falsely represents, by words or conduct, that the person is an authorised officer, (a) in the case of an offence against paragraph (a) or (e)—$5 000; (b) in any other case—$10 000. (2) A person (other than an authorised officer) who, without the permission of the Chief Executive, removes, destroys or interferes with any marker, peg or other item or equipment placed under section 204(1) by an authorised officer is guilty of an offence. Maximum penalty: $5 000. Division 2—Civil remedies Subdivision 1—Orders issued by landscape boards 207—Protection orders (1) A regional landscape board or an authorised officer may issue a protection order under this Subdivision for the purpose of securing compliance with— (f) any other requirement imposed by or under this Act, or the repealed Act, and prescribed by the regulations for the purposes of this section. (2) A protection order— (a) must be in the form of a written notice served on the person to whom the notice is issued; and (b) must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and (d) may impose any requirement reasonably required for the purpose for which the order is issued including one or more of the following: (i) a requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from a regional landscape board or an authorised officer; (ii) a requirement that the person not carry on a specified activity except at specified times or subject to specified conditions; (iii) a requirement that the person take specified action in a specified way, and within a specified period or at specified times, or in specified circumstances; (iv) a requirement that the person enter into a bond in such sum and subject to such terms and conditions specified in the order, or enter into some other arrangement specified in the order (which may include payment of a sum of money into an approved account), to ensure that money is available to address the costs of any damage, or threatened damage, to specified natural resources; (v) a requirement that the person take action to prevent or minimise any damage to specified natural resources, or to control any specified activity; (vi) a requirement that the person comply with any specified code or standard prepared or published by a body or authority referred to in the notice; (vii) a requirement that the person undertake specified tests or monitoring; (viii) a requirement that the person furnish to the Minister specified results or reports; (ix) a requirement that the person appoint or engage a person with specified qualifications to prepare a plan or report or to undertake tests or monitoring required by the order; and (e) must state that the person may, within 21 days, appeal to the ERD Court against the order or any subsequent variation of the order. (3) An authorised officer may, if of the opinion that urgent action is required for the protection of a particular natural resource, issue an emergency protection order imposing requirements of a kind referred to in subsection (2)(d) as reasonably required for the protection of the natural resource. (4) An emergency protection order may be issued orally but, in that event, the person to whom the order is issued must be advised forthwith of the person's right to appeal to the ERD Court against the order. (5) If an emergency protection order is issued orally, the authorised officer who issued it must confirm it in writing at the earliest opportunity (and in any event within 2 business days) by written notice given to the person to whom it applies. (6) A regional landscape board or an authorised officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other protection order a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no liability to a penalty under this Act for compliance with the requirement. (7) A regional landscape board or an authorised officer may, by written notice served on a person to whom a protection order has been issued, vary or revoke the order. (8) A person to whom a protection order is issued must comply with the order. (a) if the order was issued in relation to a domestic activity for the purpose of securing compliance with section 8—$2 500; (b) in any other case—$70 000. (a) if the order was issued in relation to a domestic activity for the purpose of securing compliance with section 8 in relation to a domestic activity—$250; (b) in any other case—$750. (9) A person must not hinder or obstruct a person complying with a protection order. (10) A person is not obliged to provide information in response to a requirement imposed by a protection order if to do so might incriminate the person or make the person liable to a penalty (including through the taking of further action under this Act). 208—Action on non-compliance with a protection order (1) If the requirements of a protection order are not complied with, a relevant authority may take any action required by the order. (2) Action to be taken by a relevant authority under subsection (1) may be taken on the relevant authority's behalf by an authorised officer, a member of the Department, or another person authorised by the relevant authority for the purpose. (3) A person taking action under this section may enter any relevant land at any reasonable time. (4) The reasonable costs and expenses incurred by a relevant authority in taking action under this section may be recovered by the relevant authority as a debt from the person who failed to comply with the requirements of the protection order. (5) If an amount is recoverable from a person by a relevant authority under this section— (a) the relevant authority may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and (b) the amount together with any interest charge so payable is until paid a charge in favour of the Crown on any land owned by the person in relation to which the protection order is registered under this Subdivision. 209—Reparation orders (1) If a regional landscape board or an authorised officer is satisfied that a person has caused harm to any natural resource by contravention of— (f) any other requirement imposed by or under this Act or the repealed Act and prescribed by the regulations for the purposes of this section, the regional landscape board or authorised officer may issue a reparation order requiring the person— (g) to take specified action within a specified period to make good any resulting damage to the natural resource; or (h) to make a payment or payments into an approved account to enable action to be taken to address any resulting damage to the natural resource, or both. (2) A reparation order— (a) must be in the form of a written notice served on the person to whom it is issued; and (b) must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and (d) may include requirements for action to be taken to prevent or mitigate further harm to any natural resource, or for a plan of action to be prepared to the satisfaction of the regional landscape board or authorised officer; and (e) may include requirements for specified tests or monitoring; and (f) may include requirements for furnishing to the regional landscape board or authorised officer specified results or reports; and (g) may include requirements that the person to whom it is issued appoint or engage a person with specified qualifications to prepare a plan or report or to undertake tests or monitoring required by the order; and (h) in the case of an order requiring payment into an approved account, may provide that payments must occur in accordance with a scheme approved by the Minister (either at the time of the making of the order or at a later time when the extent or impact of any action has been assessed or finally determined); and (i) must state that the person may, within 21 days, appeal to the ERD Court against the order or any subsequent variation of the order. (3) An authorised officer may, if of the opinion that urgent action is required to prevent or mitigate further harm, issue an emergency reparation order containing requirements of a kind referred to in subsection (2), other than a requirement for payment into an approved account. (4) An emergency reparation order may be issued orally, but, in that event, the person to whom it is issued must be advised forthwith of the person's right to appeal to the ERD Court against the order. (5) If an emergency reparation order is issued orally, the authorised officer who issued it must confirm it in writing at the earliest opportunity by written notice given to the person to whom it applies. (6) A regional landscape board or an authorised officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other reparation order a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no criminal liability under this Act for compliance with the requirement. (7) A regional landscape board or an authorised officer may, by written notice served on a person to whom a reparation order has been issued, vary or revoke the order. (8) A person to whom a reparation order is issued must comply with the order. Maximum penalty: $70 000. 210—Action on non-compliance with a reparation order (1) If the requirements of a reparation order are not complied with, a relevant authority may take any action required by the order. (2) Action taken by a relevant authority under subsection (1) may be taken on the relevant authority's behalf by an authorised officer, a member of the Department, or another person authorised by the relevant authority for the purpose. (3) A person taking action under this section may enter any relevant land at any reasonable time. (4) The reasonable costs and expenses incurred by a relevant authority in taking action under this section may be recovered by the relevant authority as a debt from the person who failed to comply with the requirements of the reparation order. (5) If an amount is recoverable from a person by a relevant authority under this section— (a) the relevant authority may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and (b) the amount together with any interest charge so payable is until paid a charge in favour of the Crown on any land owned by the person in relation to which the reparation order is registered under this Subdivision. 211—Reparation authorisations (1) If a relevant authority is satisfied that a person has caused harm to any natural resource by contravention of— (f) any other requirement imposed by or under this Act or the repealed Act and prescribed by the regulations for the purposes of this section, the relevant authority may (whether or not a reparation order has been issued to the person) issue a reparation authorisation under which authorised officers or other persons authorised by the relevant authority for the purpose may take specified action on the relevant authority's behalf to make good any resulting damage to the natural resource. (2) A reparation authorisation— (a) must be in the form of a written notice; and (b) must specify the person alleged to have caused the harm (whether by name or a description sufficient to identify the person); and (d) may include authorisation for action to be taken to prevent or mitigate further harm to any natural resource. (3) A relevant authority must, as soon as practicable after issuing a reparation authorisation, serve a copy of the authorisation on the person alleged to have caused the harm. (4) A relevant authority may, by notice in writing, vary or revoke a reparation authorisation and must, as soon as practicable after doing so, serve a copy of the notice on the person alleged to have caused the harm. (5) The copy of the authorisation must be accompanied by a written notice stating that the person may, within 21 days, appeal to the ERD Court against the issuing of the reparation authorisation. (6) If a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply: (a) the relevant authority that issued the authorisation must issue the person with an instrument of authority; (b) the person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection; (c) the provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer; (d) the person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer. (7) A person taking action under a reparation authorisation may enter any relevant land at any reasonable time. (8) The reasonable costs and expenses incurred by a relevant authority in taking action under a reparation authorisation may be recovered by the relevant authority as a debt from the person who caused the relevant harm. (9) If an amount is recoverable from a person by a relevant authority under this section— (a) the relevant authority may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and (b) the amount together with any interest charge so payable is until paid a charge in favour of the Crown on any land owned by the person in relation to which the reparation authorisation is registered under this Subdivision. 212—Related matter A person cannot claim compensation from— (a) the Crown; or (b) a regional landscape board; or (c) the Chief Executive; or (d) an authorised officer; or (e) a person acting under the authority of a regional landscape board, the Chief Executive or an authorised officer, in respect of a requirement imposed by or under this Subdivision, or on account of any act or omission undertaken or made in good faith in the exercise (or purported exercise) of a power under this Subdivision. 213—Registration (a) a regional landscape board or person issues an order or authorisation under this Subdivision; and (b) the order or authorisation is issued in relation to an activity carried out on land, or requires a person to take action on or in relation to land, the relevant authority may apply to the Registrar-General for the registration of the order or authorisation in relation to that land. (2) An application under this section must— (a) define the land to which it relates; and (b) comply with any requirement imposed by the Registrar-General for the purposes of this section. (3) The Registrar-General must, on due application under subsection (2), register the order or authorisation in relation to the land by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office as the Registrar-General thinks fit. (4) The relevant authority must, in accordance with the regulations, furnish to the Registrar-General notice of any variation to an order or authorisation registered under this section. (5) An order or authorisation registered under this section (as varied from time to time) is binding on each owner and occupier from time to time of the land. (6) The Registrar-General must, on application by the relevant authority, cancel the registration of an order or authorisation in relation to land and make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as the Registrar-General thinks fit. (7) The relevant authority must apply to the Registrar-General for cancellation of the registration of an order or authorisation under this section in relation to land— (a) on revocation of the order or authorisation; or (b) in relation to— (i) an order— (A) on full compliance with the requirements of the order; (B) if action has been taken under this Subdivision to carry out the requirements of the order—on payment of any amount recoverable under this Subdivision in relation to the action so taken; or (ii) an authorisation—on payment of any amount recoverable under this Subdivision in relation to the action taken in pursuance of the authorisation. (8) An owner or occupier of the relevant land must be notified, in the manner prescribed by the regulations, if— (a) an order or authorisation is registered under subsection (3); or (b) a notice of the variation of an order or authorisation is registered under subsection (4); or (c) the cancellation of the registration of an order or authorisation is given effect to under subsection (7). (9) In this section— (a) in relation to an order or authorisation issued by a regional landscape board—the regional landscape board; (b) in relation to an order or authorisation issued by the Chief Executive or an authorised officer—the Chief Executive. 214—Effect of charge A charge imposed on land under this Subdivision with respect to an order or authorisation registered under this Subdivision has priority over— (a) any prior charge on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land; and (b) any other charge on the land other than a charge registered prior to registration under this Subdivision of the relevant order or authorisation in relation to the land. Subdivision 2—Orders made by ERD Court 215—Orders made by ERD Court (1) Applications may be made to the ERD Court for 1 or more of the following orders: (a) if a person has engaged, is engaging or is proposing to engage in conduct in contravention of this Act—an order restraining the person, or an associate of the person, from engaging in the conduct and, if the Court considers it appropriate to do so, requiring the person, or an associate of the person, to take such action as may appear appropriate to the Court in the circumstances (including an order to rectify the consequences of any contravention, or to ensure that a further contravention does not occur); (b) if a person has refused or failed, is refusing or failing or is proposing to refuse or fail to take any action required by this Act—an order requiring the person to take that action; (c) if a person has suffered injury, loss (including economic loss or loss of property) or damage to property as a result of a contravention of this Act, or incurred costs and expenses in taking action to prevent or mitigate such injury, loss or damage—an order against the person who committed the contravention for payment of compensation for the injury, loss or damage, or for payment of the reasonable costs and expenses incurred in taking that action; (d) if a person has engaged in conduct in contravention of this Act—an order that the person pay into the Landscape Administration Fund an amount, determined by the Court to be appropriate in the circumstances, on account of any financial benefit that the person, or an associate of the person, has gained, or can reasonably be expected to gain, as a result of the contravention; (e) if the Court considers it appropriate to do so—an order against a person who has contravened this Act for payment (for the credit of the Consolidated Account) of an amount in the nature of exemplary damages determined by the Court. (2) The power of the ERD Court to make an order restraining a person from engaging in conduct of a particular kind may be exercised— (a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or (b) if it appears to the Court that, in the event that an order is not made, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of damage if the person engages in conduct of that kind. (3) The power conferred by subsection (1) may only be exercised by a Judge of the ERD Court. (4) In assessing an amount to be ordered in the nature of exemplary damages, the ERD Court must have regard to— (a) any damage to a water resource or any other part of the environment or detriment to the public interest resulting from the contravention; and (b) any financial saving or other benefit that the respondent, or an associate of the respondent, stood to gain by committing the contravention; and (c) any other matter it considers relevant. (5) An application under this section may be made— (a) by the Minister or the Chief Executive; or (b) by a regional landscape board; or (c) by any person whose interests are affected by the subject matter of the application; or (d) by any other person with the permission of the ERD Court. (6) Before the ERD Court may grant permission for the purposes of subsection (5)(d), the Court must be satisfied that— (a) the proceedings on the application would not be an abuse of the process of the Court; and (b) it is not unlikely that the requirements for the making of an order under subsection (1) on the application would be satisfied; and (c) it is in the public interest that the proceedings should be brought. (7) If an application is made by a person other than the Minister— (a) the applicant must serve a copy of the application on the Minister within 3 days after filing the application with the ERD Court; and (b) the ERD Court must, on application by the Minister, join the Minister as a party to the proceedings. (8) An application under this section may be made in a representative capacity (but, if so, the consent of all persons on whose behalf the application is made must be obtained). (9) An application may be made in the absence of the respondent, (or an associate of the respondent), and, if the ERD Court is satisfied on the application that the respondent has a case to answer, it may grant permission to the applicant to serve a summons requiring the respondent to appear before the Court to show cause why an order should not be made under this section. (10) An application under this section must, in the first instance, be referred to a conference under section 16 of the Environment, Resources and Development Court Act 1993. (11) If, on an application under this section or before the determination of the proceedings commenced by the application, the ERD Court is satisfied that, in order to preserve the rights or interests of parties to the proceedings or for any other reason, it is desirable to make an interim order under this section, the Court may make such an order. (12) An interim order— (a) may be made in the absence of the respondent or any other party; and (b) may be made whether or not the proceedings have been referred to a conference; and (c) will be made subject to such conditions as the Court thinks fit; and (d) will not operate after the proceedings in which it is made are finally determined. (13) The ERD Court may order an applicant in proceedings under this section— (a) to provide security for the payment of costs that may be awarded against the applicant if the application is subsequently dismissed; (b) to give an undertaking as to the payment of any amount that may be awarded against the applicant under subsection (14). (14) If, on an application under this section alleging a contravention of this Act, the ERD Court is satisfied— (a) that the respondent has not contravened this Act; and (b) that the respondent has suffered loss or damage as a result of the actions of the applicant; and (c) that in the circumstances it is appropriate to make an order under this provision, the Court may, on the application of the respondent (and in addition to any order as to costs), require the applicant to pay to the respondent an amount, determined by the Court, to compensate the respondent for the loss or damage suffered by the respondent. (15) The ERD Court may, if it considers it appropriate to do so, either on its own initiative or on the application of a party, vary or revoke an order previously made under this section. (16) Proceedings under this section based on a contravention of this Act may be commenced at any time within 3 years after the date of the alleged contravention or, with the authorisation of the Attorney-General, at any later time. (17) An apparently genuine document purporting to be under the hand of the Attorney-General and to authorise the commencement of proceedings under this section must be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation. (18) The ERD Court may, in any proceedings under this section, make such orders in relation to the costs of the proceedings as it thinks just and reasonable. (19) Without limiting the generality of subsection (18), in determining whether to make any order in relation to costs the ERD Court may have regard to the following matters (so far as they are relevant): (a) whether the applicant is pursuing a personal interest only in bringing the proceedings or is furthering a wider group interest or the public interest; (b) whether or not the proceedings raise significant issues relating to the administration of this Act. (20) In this section— (a) a reference to a contravention of this Act will be taken to include a reference to a contravention of a management agreement; and (b) a reference to a failure to take action required by this Act will be taken to include a reference to a failure to comply with a management agreement.