Radiation Protection and Control Act 2021

Applications may be made to the ERD Court for 1 or more of the following orders:

if a person has engaged, is engaging or is proposing to engage in conduct in contravention of this Act—an order restraining the person, or an associate of the person, from engaging in the conduct and, if the Court considers it appropriate to do so, requiring the person, or an associate of the person, to take such action as may appear appropriate to the Court in the circumstances (including an order to rectify the consequences of any contravention, or to ensure that a further contravention does not occur);

if a person has refused or failed, is refusing or failing or is proposing to refuse or fail to take any action required by this Act—an order requiring the person to take that action;

if a person has suffered injury, illness, loss (including economic loss or loss of property) or damage to property as a result of a contravention of this Act, or incurred costs and expenses in taking action to prevent or mitigate such injury, illness, loss or damage—an order against the person who committed the contravention for payment of compensation for the injury, illness, loss or damage, or for payment of the reasonable costs and expenses incurred in taking that action;

if the Court considers it appropriate to do so—an order against a person who has contravened this Act for payment (for the credit of the Consolidated Account) of an amount in the nature of exemplary damages determined by the Court;

if a person has contravened this Act—an order requiring the person to take specified action to publicise the contravention and its environmental and other consequences and any other orders made against the person.

The power of the ERD Court to make an order restraining a person from engaging in conduct of a particular kind may be exercised—

if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or

if it appears to the Court that, in the event that an order is not made, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of damage if the person engages in conduct of that kind.

The power conferred by subsection (1) may only be exercised by a Judge of the ERD Court.

In assessing an amount to be ordered in the nature of exemplary damages, the ERD Court must have regard to—

any harm to people or the environment or detriment to the public interest resulting from the contravention; and

any financial saving or other benefit that the respondent, or an associate of the respondent, stood to gain by committing the contravention; and

any other matter it considers relevant.

An application under this section may be made by—

the Minister; or

a person whose interests are affected by the subject matter of the application; or

any other person with the permission of the ERD Court.

If an application is made by a person other than the Minister—

the applicant must serve a copy of the application on the Minister within 3 days after filing the application with the ERD Court; and

the ERD Court must, on application by the Minister, join the Minister as a party to the proceedings.

An application under this section may be made in a representative capacity (but, if so, the consent of all persons on whose behalf the application is made must be obtained).

An application may be made in the absence of the respondent, (or an associate of the respondent), and, if the ERD Court is satisfied on the application that the respondent has a case to answer, it may grant permission to the applicant to serve a summons requiring the respondent to appear before the Court to show cause why an order should not be made under this section.

An application under this section must, in the first instance, be referred to a conference under section 16 of the Environment, Resources and Development Court Act 1993.

If, on an application under this section or before the determination of the proceedings commenced by the application, the ERD Court is satisfied that, in order to preserve the rights or interests of parties to the proceedings or for any other reason, it is desirable to make an interim order under this section, the Court may make such an order.

An interim order—

may be made in the absence of the respondent or any other party; and

may be made whether or not the proceedings have been referred to a conference; and

will be made subject to such conditions as the Court thinks fit; and

will not operate after the proceedings in which it is made are finally determined.

The ERD Court may order an applicant in proceedings under this section—

to provide security for the payment of costs that may be awarded against the applicant if the application is subsequently dismissed;

to give an undertaking as to the payment of any amount that may be awarded against the applicant under subsection (13).

If, on an application under this section alleging a contravention of this Act, the ERD Court is satisfied—

that the respondent has not contravened this Act; and

that the respondent has suffered loss or damage as a result of the actions of the applicant; and

that in the circumstances it is appropriate to make an order under this provision, the Court may, on the application of the respondent (and in addition to any order as to costs), require the applicant to pay to the respondent an amount, determined by the Court, to compensate the respondent for the loss or damage suffered by the respondent.

The ERD Court may, if it considers it appropriate to do so, either on its own initiative or on the application of a party, vary or revoke an order previously made under this section.

The ERD Court may, in any proceedings under this section, make such orders in relation to the costs of the proceedings as it thinks just and reasonable.

Without limiting the generality of subsections (12), (13) and (15), in determining whether to make any order under those subsections the ERD Court may have regard to the following matters (so far as they are relevant):

whether the applicant is pursuing a personal interest only in bringing the proceedings or is furthering a wider group interest or the public interest;

whether or not the proceedings raise significant issues relating to the administration of this Act.