Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 173H

173H Court’s powers about orders

(1) The court’s power to make an enforcement order or interim enforcement order to stop, or not to start, an activity may be exercised—

(a) whether or not it appears to the court that the person against whom the order is made intends to engage, or to continue to engage, in the activity; and

(b) whether or not the person against whom the order is made has previously engaged in an activity of the kind; and

(c) whether or not there is danger of substantial damage to nature or injury to another person if the person against whom the order is made engages, or continues to engage, in the activity.

(2) The court’s power to make an enforcement order or interim enforcement order to do anything may be exercised—

(a) whether or not it appears to the court that the person against whom the order is made intends to fail, or to continue to fail, to do the thing; and

(b) whether or not the person against whom the order is made has previously failed to do a thing of the kind; and

(c) whether or not there is danger of substantial damage to nature or injury to another person if the person against whom the order is made fails, or continues to fail, to do the thing.

(3) The court may make an order to cancel or change an enforcement order or interim enforcement order.

(4) The court’s power under this section is in addition to its other powers.