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Contents (1997 - 140)
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Contaminated Land Management Act 1997 No 140
Current version for 8 January 2019 to date (accessed 23 February 2020 at 21:33)
Part 10 Division 3 Section 96
96   Restraint of breaches
(1)  Any person may bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach (or a threatened or apprehended breach) of this Act or the regulations, 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 the person and other persons (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 in those proceedings.
(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)  If the Court is satisfied that a breach of this Act has been committed or that a breach of this Act will, unless restrained by order of the Court, be committed, it may make such order as it thinks fit to remedy or restrain the breach.