Lands Acquisition Act 1989

Where a person has used, or is proposing to use, land in a manner inconsistent with a restriction on the use of the land acquired by an acquiring authority under this Act, the Federal Court may, on the application of that authority, grant an injunction restraining the person from using the land in that manner.

Where an application is made to the Court for an injunction under this section, the Court may, if in the Court’s opinion it is desirable to do so, grant an interim injunction restraining a person from engaging in conduct of the kind to which the application relates pending the determination of the application.

The Court may discharge or vary an injunction granted under this section.

The power of the Court to grant an injunction restraining a person from using land in a particular manner may be exercised:

if the Court is satisfied that the person has used the land in that manner—whether or not it appears to the Court that the person intends again to use the land, or to continue to use the land, in that manner; or

if it appears to the Court that, in the event that an injunction is not granted, it is likely that the person will use the land in that manner—whether or not the person has previously used the land in that manner and whether or not there is an imminent danger of substantial damage to any person if the first‑mentioned person uses the land in that manner.

The powers conferred on the Court by this section are in addition to, and not in derogation of, any other powers of the Court, whether conferred by this Act or otherwise.