Eligible persons
308 Eligible persons
Pt 11.4 (Heading and ss 308–313) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
S. 308 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
In this Part—
eligible person, in relation to an application under this Part, means a person—
whose interests are affected by the contravention or non-compliance in relation to which the application is made; or
who has the leave of the Court to make the application.
The Court must not give a person leave to make an application for the purposes of subsection (1)(b) unless the Court is satisfied that—
the application would be in the public interest; and
the person has requested in writing that the Authority take enforcement action or compliance action in relation to the contravention or non-compliance; and
the Authority has not, within a reasonable time after receiving that request, taken enforcement action or compliance action.
An eligible person must not apply to the Court for an order under this Part before the day that is the anniversary of the day on which the Environment Protection Act 1970 is repealed.
Nothing in this Part prevents or limits an eligible person from applying for any injunction or order under any other Act or law.
This Act’s bill:Explanatory memorandumSecond reading speech
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