QLDIn ForceAct
Water Supply (Safety and Reliability) Act 2008
sec.481Powers about enforcement orders
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### sec.481 Powers about enforcement orders
A District Court’s power to make an enforcement order to stop, or not to start, an activity may be exercised—
whether or not it appears to the court the person against whom the order is made (the relevant person ) intends to engage, or to continue to engage, in the activity; or
whether or not the relevant person has previously engaged in an activity of the kind; or
whether or not there is danger of substantial damage to property or injury to another person if the relevant person engages, or continues to engage, in the activity; or
whether or not there is risk of failure of a referable dam.
The court’s power to make an enforcement order to do anything may be exercised—
whether or not it appears to the court the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or
whether or not the person has previously failed to do a thing of the kind; or
whether or not there is danger of substantial damage to property or injury to another person if the relevant person fails, or continues to fail, to do the thing; or
whether or not there is risk of failure of a referable dam.
The court may cancel or change an enforcement order on the application of the person who started the proceeding or the person against whom the order is made.
The court’s powers under this section are in addition to, and do not limit, its other powers.
(sec.481-ssec.1) A District Court’s power to make an enforcement order to stop, or not to start, an activity may be exercised— whether or not it appears to the court the person against whom the order is made (the relevant person ) intends to engage, or to continue to engage, in the activity; or whether or not the relevant person has previously engaged in an activity of the kind; or whether or not there is danger of substantial damage to property or injury to another person if the relevant person engages, or continues to engage, in the activity; or whether or not there is risk of failure of a referable dam.
(sec.481-ssec.2) The court’s power to make an enforcement order to do anything may be exercised— whether or not it appears to the court the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or whether or not the person has previously failed to do a thing of the kind; or whether or not there is danger of substantial damage to property or injury to another person if the relevant person fails, or continues to fail, to do the thing; or whether or not there is risk of failure of a referable dam.
(sec.481-ssec.3) The court may cancel or change an enforcement order on the application of the person who started the proceeding or the person against whom the order is made.
(sec.481-ssec.4) The court’s powers under this section are in addition to, and do not limit, its other powers.
- (a) whether or not it appears to the court the person against whom the order is made (the relevant person ) intends to engage, or to continue to engage, in the activity; or
- (b) whether or not the relevant person has previously engaged in an activity of the kind; or
- (c) whether or not there is danger of substantial damage to property or injury to another person if the relevant person engages, or continues to engage, in the activity; or
- (d) whether or not there is risk of failure of a referable dam.
- (a) whether or not it appears to the court the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or
- (b) whether or not the person has previously failed to do a thing of the kind; or
- (c) whether or not there is danger of substantial damage to property or injury to another person if the relevant person fails, or continues to fail, to do the thing; or
- (d) whether or not there is risk of failure of a referable dam.