QLDIn ForceAct
Marine Parks Act 2004
sec.114Effect of orders
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### sec.114 Effect of orders
An enforcement order or an interim enforcement order may direct a party to the proceeding for the order—
to stop an activity that is, or would be, an offence if not stopped; or
not to start an activity that is an offence if started; or
to do anything required to stop committing an offence; or
to do anything to prevent or minimise impacts arising or likely to arise, directly or indirectly, from the commission of an offence; or
to do anything to comply with this Act.
Without limiting the court’s powers, an enforcement order or an interim enforcement order may require—
the repair, demolition or removal of a building; or
the rehabilitation or restoration of an area adversely affected by the commission of an offence (an affected area ); or
if an affected area is not capable of being rehabilitated or restored—the rehabilitation or restoration of a stated area of equivalent size to the affected area.
An enforcement order or an interim enforcement order—
may be in terms the court considers appropriate to secure compliance with this Act; and
must state the time by which the order is to be complied with.
A person must not contravene an enforcement order or an interim enforcement order.
Maximum penalty—3,000 penalty units or 2 years imprisonment.
In this section—
offence means—
for an enforcement order sought by the chief executive or an inspector—an offence against this Act; or
for an enforcement order sought by someone else—an offence against section 43 or 50 .
(sec.114-ssec.1) An enforcement order or an interim enforcement order may direct a party to the proceeding for the order— to stop an activity that is, or would be, an offence if not stopped; or not to start an activity that is an offence if started; or to do anything required to stop committing an offence; or to do anything to prevent or minimise impacts arising or likely to arise, directly or indirectly, from the commission of an offence; or to do anything to comply with this Act.
(sec.114-ssec.2) Without limiting the court’s powers, an enforcement order or an interim enforcement order may require— the repair, demolition or removal of a building; or the rehabilitation or restoration of an area adversely affected by the commission of an offence (an affected area ); or if an affected area is not capable of being rehabilitated or restored—the rehabilitation or restoration of a stated area of equivalent size to the affected area.
(sec.114-ssec.3) An enforcement order or an interim enforcement order— may be in terms the court considers appropriate to secure compliance with this Act; and must state the time by which the order is to be complied with.
(sec.114-ssec.4) A person must not contravene an enforcement order or an interim enforcement order. Maximum penalty—3,000 penalty units or 2 years imprisonment.
(sec.114-ssec.5) In this section— offence means— for an enforcement order sought by the chief executive or an inspector—an offence against this Act; or for an enforcement order sought by someone else—an offence against section 43 or 50 .
- (a) to stop an activity that is, or would be, an offence if not stopped; or
- (b) not to start an activity that is an offence if started; or
- (c) to do anything required to stop committing an offence; or
- (d) to do anything to prevent or minimise impacts arising or likely to arise, directly or indirectly, from the commission of an offence; or
- (e) to do anything to comply with this Act.
- (a) the repair, demolition or removal of a building; or
- (b) the rehabilitation or restoration of an area adversely affected by the commission of an offence (an affected area ); or
- (c) if an affected area is not capable of being rehabilitated or restored—the rehabilitation or restoration of a stated area of equivalent size to the affected area.
- (a) may be in terms the court considers appropriate to secure compliance with this Act; and
- (b) must state the time by which the order is to be complied with.
- (a) for an enforcement order sought by the chief executive or an inspector—an offence against this Act; or
- (b) for an enforcement order sought by someone else—an offence against section 43 or 50 .