New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 336E

336E Enforcement of undertakings

(1) The Minister 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 Minister, the Ministerial Corporation, the Natural Resources Access Regulator or any other public authority has a function under this Act.

(2) The person may withdraw or vary the undertaking at any time, but only with the consent in writing of the Minister. The consent of the Minister is required even if the undertaking purports to authorise withdrawal or variation of the undertaking without that consent.

(3) The Minister may apply to the Land and Environment Court for an order under subsection (4) if the Minister considers that the person who gave the undertaking has breached any of its terms.

(4) The Land and Environment 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 requiring the person to prevent, control, abate or mitigate any actual or likely damage to the built or natural environment caused by the breach,

(e) an order requiring the person to make good any actual or likely damage to the built or natural environment caused by the breach,

(f) any other order the Court considers appropriate.

(5) The Ministerial Corporation, the Natural Resources Access Regulator or another public authority may recommend that the Minister accept an undertaking under this section that the Ministerial Corporation, the Natural Resources Access Regulator or public authority has negotiated with a person proposing to give the undertaking in connection with a function of the public authority under this Act.

(6) Nothing in this section prevents proceedings being brought for the contravention or alleged contravention of this Act to which the undertaking relates.