Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 479

Prohibitory injunctions

  (1)   The Federal Court may grant an injunction restraining a person from engaging in conduct:

  (a)   whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and

  (b)   whether or not the person has previously engaged in conduct of that kind; and

  (c)   whether or not there is a significant risk of injury or damage to human beings or the environment if the person engages, or continues to engage, in conduct of that kind.

Mandatory injunctions

  (2)   The Federal Court may grant an injunction requiring a person to do a particular act or thing:

  (a)   whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do the act or thing; and

  (b)   whether or not the person has previously refused or failed to do the act or thing; and

  (c)   whether or not there is a significant risk of injury or damage to human beings or the environment if the person refuses or fails, or continues to refuse or fail, to do the act or thing.