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Contents (1997 - 156)
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Protection of the Environment Operations Act 1997 No 156
Current version for 20 December 2019 to date (accessed 20 February 2020 at 10:02)
Chapter 8 Part 8.4
Part 8.4 Civil proceedings to remedy or restrain breaches of Act or harm to environment or enforce undertakings
252   Remedy or restraint of breaches of this Act or regulations
(1)  Any person may bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of this Act or the regulations.
(2)  Any such proceedings may be brought whether or not proceedings have been instituted for an offence against this Act or the regulations.
(3)  Any such proceedings may be brought whether or not any right of the person has been or may be infringed by or as a consequence of the breach.
(4)  Any such proceedings may be brought by a person on the person’s own behalf or on behalf of another person (with their consent), or of a body corporate or unincorporate (with the consent of its committee or other controlling or governing body), having like or common interests in those proceedings.
(5)  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.
(6)  If the Court is satisfied that a breach has been committed or that a breach will, unless restrained by order of the Court, be committed, it may make such orders as it thinks fit to remedy or restrain the breach.
(7)  Without limiting the powers of the Court under this section, an order under this section may suspend any environment protection licence.
(8)  In this section—
breach includes a threatened or apprehended breach.
253   Restraint of breaches of an Act or statutory rules that harm the environment
(1)  Any person may bring proceedings in the Land and Environment Court for an order to restrain a breach (or a threatened or apprehended breach) of any other Act, or any statutory rule under any other Act, if the breach (or the threatened or apprehended breach) is causing or is likely to cause harm to the environment.
Note.
 Statutory rule is defined in section 21 of the Interpretation Act 1987.
(2)  Any such proceedings may be brought whether or not any right of that person has been or may be infringed by or as a consequence of the breach (or the threatened or apprehended breach).
(3)  A person (other than the EPA or a member of the staff of the EPA) who brings any such proceedings is required to give a copy of the application to the EPA as soon as practicable after the application is made. The EPA is entitled to become a party to those proceedings.
(4)  If the Court is satisfied that a breach, or a threatened or apprehended breach, will, unless restrained by order of the Court, be committed or be likely to be committed, it may make such orders as it thinks fit to restrain the breach or other conduct of the person by whom the breach is committed or by whom the threatened or apprehended breach is likely to be committed.
(5)  Without limiting the powers of the Court under this section, an order under this section may suspend any environment protection licence.
253A   Enforcement of undertakings
(1)  The EPA may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the EPA has a function under this Act.
(1A)  Without limiting subsection (1), an undertaking that the EPA may accept under that subsection includes an undertaking to carry out a restorative justice activity.
(2)  The person may withdraw or vary the undertaking at any time, but only with the consent in writing of the EPA. The consent of the EPA is required even if the undertaking purports to authorise withdrawal or variation of the undertaking without that consent.
(3)  The EPA may apply to the Land and Environment Court for an order under subsection (4) if the EPA considers that the person who gave the undertaking has breached any of its terms.
(4)  The Court may make all or any of the following orders if it is satisfied that the person has breached a term of the undertaking—
(a)  an order directing the person to comply with that term of the undertaking,
(b)  an order directing the person to pay to the State an amount not exceeding the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach,
(c)  any order that the Court thinks appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach,
(d)  an order suspending or revoking any environment protection licence held by the person,
(e)  an order requiring the person to prevent, control, abate or mitigate any actual or likely harm to the environment caused by the breach,
(f)  an order requiring the person to make good any actual or likely harm to the environment caused by the breach,
(g)  any other order the Court considers appropriate.