South Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RIVER MURRAY ACT 2003 - SECT 29

29—Interim restraining orders

        (1)         If the Minister is of the opinion—

            (a)         that an activity may cause, or may be causing, harm to the River Murray; but

            (b)         that there is insufficient information available to the Minister to enable the Minister to assess the likelihood of harm, or the extent or impact of harm, to the River Murray; and

            (c)         that an order under this section is necessary to ensure the protection of the River Murray pending the acquisition and assessment of information by the Minister,

the Minister may issue an Interim Restraining Order under this section requiring a person to discontinue, or not commence, a specified activity.

        (2)         An order under this section takes effect on service of notice of the order on the person to whom it is directed and ceases to have effect after a period, not exceeding 28 days, specified in the order unless extended by the Court under Division 3.

        (3)         If the Minister specifies a period under subsection (2) that is less than 28 days, the Minister may, by subsequent notice in writing to the person to whom the order was directed, extend the period of order (and may subsequently again extend that period), provided that the total period does not exceed 28 days.

        (4)         A notice of an order under subsection (2) must set out the relevant person's right to appeal to the Court against the order.

        (5)         The Minister may, by written notice served on the person to whom an order is directed under this section, vary or revoke the order.

        (6)         A person must comply with the terms of an order under this section.

Maximum penalty: $50 000.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback