Mineral Resources (Sustainable Development) Act 1990

The Minister may apply to the Supreme Court for an injunction—

compelling the holder of an authority to comply with a notice served on the holder under section 110; or

restraining the holder of an authority from contravening the notice.

The Minister may apply for an injunction under subsection (1) whether or not—

an application has been made under section 110(4) for review of a decision to serve or vary the notice; or

proceedings have been brought for an offence against this Act or the regulations in relation to the notice; or

proceedings have been brought in relation to a matter that gave rise to the decision to serve the notice.

If a holder of an authority has applied under section 110(4) for review of the decision to serve or vary a notice at the time the Minister applies for an injunction under subsection (1) in relation to that notice—

the Tribunal must make an order staying the review proceeding pending the determination of the Minister's application; and

the Tribunal must dismiss the proceeding if the Supreme Court grants an injunction on the Minister's application.

If a holder of an authority has not applied under section 110(4) for review of the decision to serve or vary a notice at the time the Minister applies for an injunction under subsection (1) in relation to that notice, the holder cannot apply for review under section 110(4) in relation to that notice—

while the Minister's application is pending; or

if the Supreme Court grants an injunction on the Minister's application.