Division 6 Civil enforcement

282   Restraint of breaches of Act

(1)  Any person may bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of this Act, whether or not any right of that person has been or may be infringed by or as a consequence of that breach.

(2)  Proceedings under this section may be brought by a person on the person’s own behalf or on behalf of another person (with their consent), or a body corporate or unincorporated (with the consent of its committee or other controlling or governing body), having like or common interests.

(3)  Any person on whose behalf proceedings are brought is entitled to contribute to or provide for the payment of the legal costs and expenses incurred by the person bringing the proceedings.

(4)  (Repealed)

282A   Enforcement of environmental assessment and management planning requirements

(1)  This section applies to:

(a)  proceedings under section 282 of this Act or section 123 of the EPA Act, or

(b)  judicial review proceedings or any other proceedings,

      to remedy or restrain a breach or apprehended breach of Part 1A or Division 5 of Part 3 of this Act or of Division 5 of Part 5 of the EPA Act.

(2)  A relevant fishing regulatory control (or proposed control) that prohibits or restricts the carrying out of fishing activities cannot, in any such proceedings, be invalidated, suspended, prevented from being made or taking effect or otherwise affected because of any such breach or apprehended breach unless:

(a)  a reasonable period is provided by the court to enable compliance with the provision of this Act or the EPA Act concerned (including if necessary the preparation of a new fishery management strategy or a re-assessment under that Act), and

(b)  the provision has not been complied with after the end of that period.

(3)  Words and expressions in this section have the same meaning as they have in Part 1A.