QLDIn ForceAct
Transport Operations (Marine Pollution) Act 1995
sec.117FPowers of District Court about enforcement order or interim enforcement order
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### sec.117F Powers of District Court about enforcement order or interim enforcement order
The District Court’s power to make an enforcement order or interim enforcement 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 intends to engage, or to continue to engage, in the activity; or
the person has previously engaged in an activity of the kind; or
there is danger of substantial damage to the Queensland marine and coastal environment if the person engages, or continues to engage, in the activity.
The District Court’s power to make an enforcement order or interim enforcement order to do anything may be exercised whether or not—
it appears to the court that the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or
the person has previously failed to do a thing of the kind; or
there is danger of substantial damage to the Queensland marine and coastal environment if the person fails, or continues to fail, to do the thing.
The District Court may cancel or amend an enforcement order or interim enforcement order.
The District Court’s power under this section is in addition to its other powers.
s 117F ins 2006 No. 21 s 32
(sec.117F-ssec.1) The District Court’s power to make an enforcement order or interim enforcement 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 intends to engage, or to continue to engage, in the activity; or the person has previously engaged in an activity of the kind; or there is danger of substantial damage to the Queensland marine and coastal environment if the person engages, or continues to engage, in the activity.
(sec.117F-ssec.2) The District Court’s power to make an enforcement order or interim enforcement order to do anything may be exercised whether or not— it appears to the court that the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or the person has previously failed to do a thing of the kind; or there is danger of substantial damage to the Queensland marine and coastal environment if the person fails, or continues to fail, to do the thing.
(sec.117F-ssec.3) The District Court may cancel or amend an enforcement order or interim enforcement order.
(sec.117F-ssec.4) The District Court’s power under this section is in addition to its other powers.
- (a) it appears to the court that the person against whom the order is made intends to engage, or to continue to engage, in the activity; or
- (b) the person has previously engaged in an activity of the kind; or
- (c) there is danger of substantial damage to the Queensland marine and coastal environment if the person engages, or continues to engage, in the activity.
- (a) it appears to the court that the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or
- (b) the person has previously failed to do a thing of the kind; or
- (c) there is danger of substantial damage to the Queensland marine and coastal environment if the person fails, or continues to fail, to do the thing.