59Injunctions

59 Injunctions

(1) Where, on the application of the Minister or of an interested person, a court having jurisdiction under section 49 is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute: (a) a contravention of this Act or of the regulations; (b) attempting such a contravention; (c) aiding, abetting, counselling or procuring such a contravention; (d) inducing, or attempting to induce, whether by threats, promises or otherwise, such a contravention; (e) being in any way, directly or indirectly, knowingly concerned in, or party to, such a contravention by a person; or (f) conspiring with others to contravene this Act or the regulations; the court may grant an injunction restraining the person from engaging in the conduct and, if in the opinion of the court it is desirable to do so, requiring that the person do any act or thing. (2) Where an application is made for an injunction under subsection (1), the court may, if the court determines it to be appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the court is satisfied that a person has engaged, or is proposing to engage, in conduct of a kind mentioned in subsection (1). (3) Where in the opinion of the court it is desirable to grant an interim injunction pending determination of an application under subsection (1), the court may do so. (4) Where the Minister makes an application to a court for the grant of an injunction under this section, the court shall not require the applicant or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages. (5) The court may rescind or vary an injunction granted under subsection (1) or (3). (6) The power of the court to grant an injunction restraining a person from engaging in conduct may be exercised: (a) 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; (b) whether or not the person has previously engaged in conduct of that kind; and (c) whether or not there is a serious and immediate threat of injury to the environment if the person engages in conduct of that kind. (7) The power of the court to grant an injunction requiring a person to do an act or thing may be exercised: (a) whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; (b) whether or not the person has previously refused or failed to do that act or thing; and (c) whether or not there is a serious and immediate threat of injury to the environment if the person refuses or fails to do that act or thing. (8) The reference in subsection (1) to an interested person, in relation to conduct referred to in that subsection, shall be read as a reference to: (a) a person whose use or enjoyment of an adjacent area or of a part of an adjacent area is, or is likely to be, adversely affected by that conduct; or (b) an organisation or association of persons, whether incorporated or not, the objects or purposes of which include, and activities of which relate to, the protection or conservation of an adjacent area or of a part of an adjacent area that is, or is likely to be, affected by that conduct. (9) Paragraph (8)(b) does not apply in relation to conduct undertaken: (a) before the organisation or association was formed; (b) before the objects or purposes of the organisation or association included the matter concerned; or (c) before the organisation or association engaged in activities related to the matter concerned.