Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 513

513 Contravention of enforceable undertaking

(1) A person must not contravene an enforceable undertaking made by that person that is in effect.

Penalty—

Maximum penalty—

(a) if the offence is committed wilfully—6,250 penalty units or 5 years imprisonment; or

(b) otherwise—4,500 penalty units.

(2) Regardless of whether the person is prosecuted for an offence against subsection (1) , the administering authority may apply to a Magistrates Court for an order if the person contravenes the enforceable undertaking.

(3) If the court is satisfied that the person contravened the undertaking, the court, in addition to imposing any penalty, may make 1 or both of the following orders—

(a) an order directing the person to comply with the undertaking;

(b) an order discharging the undertaking.

(4) Also, the court may make any other order that the court considers appropriate in the circumstances, including an order directing the person to pay to the administering authority—

(a) the costs of the proceedings; and

(b) the reasonable costs of the administering authority in monitoring compliance with the enforceable undertaking in the future.