24AEnforcement of undertakings

24A Enforcement of undertakings

24A Enforcement of undertakings

(1) The Authority may accept a written undertaking given by a person if the Authority reasonably believes that the person has contravened this Act or the regulations.

(1A) Without limiting subsection (1), an undertaking that the Authority may accept under that subsection includes an undertaking to carry out a restorative justice activity.

(2) The person may withdraw or vary the undertaking at any time, but only with the consent in writing of the Authority. The consent of the Authority is required even if the undertaking purports to authorise withdrawal or variation of the undertaking without that consent.

(3) The Authority may apply to the Land and Environment Court for an order under subsection (4) if the Authority considers that the person who gave the undertaking has breached any of its terms.

(4) The Court may make all or any of the following orders if it is satisfied that the person has breached a term of the undertaking—

(a) an order directing the person to comply with that term of the undertaking,

(b) an order directing the person to pay to the State an amount not exceeding the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach,

(c) any order that the Court thinks appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach,

(d) an order suspending or cancelling any licence or accreditation held by the person,

(e) an order requiring the person to prevent, control, abate or mitigate any actual or likely harm to the environment or human health caused by the breach,

(f) an order requiring the person to make good any actual or likely harm to the environment caused by the breach,

(g) any other order the Court considers appropriate.

s 24A: Ins 2010 No 91, Sch 1 [8]. Am 2014 No 65, Sch 3 [3]; 2017 No 21, Sch 4 [1].