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STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 157M
Powers about enforcement orders
157M Powers about enforcement orders
(1) The Planning and Environment Court’s power to make an 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 (the
"relevant person" ) intends to engage again, or to continue to engage again,
in the activity; and
(b) whether or not the relevant person has previously
engaged in an activity of the same type; and
(c) whether or not there is
danger of substantial damage to property or the environment or injury to
another person if the relevant person engages, or continues to engage, in the
activity.
(2) The court’s power to make an 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 (also the
"relevant person" ) intends to fail, or to continue to fail, to do the thing;
and
(b) whether or not the relevant person has previously failed to do a
thing of the same type; and
(c) whether or not there is danger of substantial
damage to property or the environment or injury to anyone else if the
relevant person fails, or continues to fail, to do the thing.
(3) The court
may cancel or change an enforcement order on the application of the
Coordinator-General or the person against whom the order is made.
(4) The
court’s powers under this section are in addition to, and do not limit, its
other powers. Note— For costs, see the
Planning and Environment Court Act 2016 , part 6 .
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