Court’s powers about orders
790 Court’s powers about orders
The court’s power to make an enforcement order or interim 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 intends to engage, or to continue to engage, in the activity; or
the person has previously engaged in an activity of the kind; or
there is danger of substantial damage to natural ecosystems if the person engages, or continues to engage, in the activity.
The court’s power to make an enforcement order or interim 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
the person has previously failed to do a thing of the kind; or
there is danger of substantial damage to natural ecosystems if the person fails, or continues to fail, to do the thing.
The court may cancel or change an enforcement order or interim enforcement order.
The court’s powers under this section are in addition to its other powers.
This Act’s bill:Explanatory memorandum
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