Enforcement of environmental assessment and management planning requirements
282A Enforcement of environmental assessment and management planning requirements
This section applies to—
proceedings under section 282 of this Act or section 9.45 of the EPA Act, or
judicial review proceedings or any other proceedings,
to remedy or restrain a breach or apprehended breach of Part 1A or Division 5 of Part 3 of, or Schedule 1AA to, this Act.
A relevant fishing regulatory control (or proposed control) that prohibits or restricts the carrying out of fishing activities cannot, in any such proceedings, be invalidated, suspended, prevented from being made or taking effect or otherwise affected because of any such breach or apprehended breach unless—
a reasonable period is provided by the court to enable compliance with the provision of this Act or the EPA Act concerned (including if necessary the preparation of a new fishery management strategy or a re-assessment under that Act), and
the provision has not been complied with after the end of that period.
Words and expressions in this section have the same meaning as they have in Part 1A.
This Act’s bill:Explanatory memorandum
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