Contravention of enforceable undertaking
378ZFF Contravention of enforceable undertaking
The Secretary may apply to the Land and Environment Court for an order if a person contravenes an enforceable undertaking.
If the Court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the Court may make one or both of the following orders—
an order directing the person to comply with the undertaking,
an order discharging the undertaking.
The Court may make an order under this section whether or not proceedings have been instituted for an offence against section 378ZFE for the contravention of the enforceable undertaking.
In addition to the orders referred to in subsection (2), the Court may make any other order that the Court considers appropriate in the circumstances, including orders directing the person to pay to the State—
the costs of the proceedings, and
the reasonable costs of the Secretary in monitoring compliance with the enforceable undertaking in the future.
Note.
Section 378ZFH specifies circumstances affecting proceedings for a contravention for which an enforceable undertaking has been given.
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