Environment Protection and Biodiversity Conservation Act 1999

If a person bound by a conservation agreement engages or proposes to engage in conduct consisting of an act or omission that constitutes a contravention of the agreement, any of the following persons may apply to the Federal Court for an injunction:

another person bound by the agreement;

the CEO;

if the conduct relates to a Commonwealth reserve or a conservation zone—the Director.

Section 307 explains who is bound by a conservation agreement.

If a person has engaged, is engaging or is proposing to engage in conduct contravening the agreement, the Court may grant an injunction restraining the person from engaging in the conduct.

If the court grants an injunction restraining a person from engaging in conduct and in the Court’s opinion it is desirable to do so, the Court may make an order requiring the person to do something (including repair or mitigate damage to the environment).

If a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail to do an act, and the refusal or failure was, is or would be a contravention of the agreement, the Court may grant an injunction requiring the person to do the act.

Before deciding an application for an injunction under this section the Court may grant an interim injunction:

restraining a person from engaging in conduct; or

requiring a person to do an act.