sec.14Court’s powers about orders

sec.14 Court’s powers about orders

The court’s power to make an order to stop, or not to start, an activity may be exercised— whether or not it appears to the court that the person against whom the order is made (the relevant person ) intends to engage, or to continue to engage, in the activity; and whether or not the relevant person has previously engaged in an activity of the same type; and whether or not there is danger of substantial damage to the environment or the health, safety or welfare of anyone else if the relevant person engages, or continues to engage, in the activity. The court’s power to make an order to do anything may be exercised— whether or not it appears to the court that the relevant person intends to fail, or to continue to fail, to do the thing; and whether or not the relevant person has previously failed to do a thing of the same type; and whether or not there is danger of substantial damage to the environment or the health, safety or welfare of anyone else if the relevant person fails, or continues to fail, to do the thing. The court may cancel or change an order. The court’s powers under this section are in addition to, and do not limit, its other powers. In this section— environment see the Environmental Protection Act 1994 , section 8 . (sec.14-ssec.1) The court’s power to make an order to stop, or not to start, an activity may be exercised— whether or not it appears to the court that the person against whom the order is made (the relevant person ) intends to engage, or to continue to engage, in the activity; and whether or not the relevant person has previously engaged in an activity of the same type; and whether or not there is danger of substantial damage to the environment or the health, safety or welfare of anyone else if the relevant person engages, or continues to engage, in the activity. (sec.14-ssec.2) The court’s power to make an order to do anything may be exercised— whether or not it appears to the court that the relevant person intends to fail, or to continue to fail, to do the thing; and whether or not the relevant person has previously failed to do a thing of the same type; and whether or not there is danger of substantial damage to the environment or the health, safety or welfare of anyone else if the relevant person fails, or continues to fail, to do the thing. (sec.14-ssec.3) The court may cancel or change an order. (sec.14-ssec.4) The court’s powers under this section are in addition to, and do not limit, its other powers. (sec.14-ssec.5) In this section— environment see the Environmental Protection Act 1994 , section 8 .

• (a) whether or not it appears to the court that the person against whom the order is made (the relevant person ) intends to engage, or to continue to engage, in the activity; and
• (b) whether or not the relevant person has previously engaged in an activity of the same type; and