Commonwealth Consolidated Acts Commonwealth Consolidated ActsEnforceable provisions
(1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.
Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.
Authorised persons
(2) For the purposes of Part 7 of the Regulatory Powers Act, each of the following persons is an authorised person:
(a) in relation to the provisions mentioned in subsection (1)--the Secretary;
(b) in relation to:
(i) conduct or proposed conduct in contravention of a provision of this Act; or
(ii) a refusal or failure to do a thing that was, is or would be a contravention of a provision of this Act;
a person who, or entity to which, subsection (3), (4), (5) or (6) applies.
(3) This subsection applies to a person whose interests have, are or will be affected by the conduct, proposed conduct, refusal or failure mentioned in paragraph (2)(b).
(4) This subsection applies to an individual if:
(a) the individual is an Australian citizen or ordinarily resident in Australia; and
(b) at any time during the 2 - year period ending immediately before the individual makes an application for an injunction, the individual has engaged in one or more activities relating to any of the following:
(i) research into hazardous waste;
(ii) the protection of human beings or the environment from the harmful effects of hazardous waste;
(iii) research into pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste;
(iv) the protection of human beings or the environment from the harmful effects of pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste.
(5) This subsection applies to a body corporate if:
(a) the body corporate is incorporated in Australia; and
(b) at any time during the 2 - year period ending immediately before the body corporate makes an application for an injunction, the body corporate has engaged in one or more activities relating to any of the following:
(i) research into hazardous waste;
(ii) the protection of human beings or the environment from the harmful effects of hazardous waste;
(iii) research into pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste;
(iv) the protection of human beings or the environment from the harmful effects of pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste; and
(c) the objects or purposes of the body corporate include any of the following:
(i) research into hazardous waste;
(ii) the protection of human beings or the environment from the harmful effects of hazardous waste;
(iii) research into pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste;
(iv) the protection of human beings or the environment from the harmful effects of pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste.
(6) This subsection applies to an unincorporated organisation or unincorporated association if:
(a) the organisation or association was established in Australia; and
(b) at any time during the 2 - year period ending immediately before the organisation or association makes an application for an injunction, the organisation or association has engaged in one or more activities relating to any of the following:
(i) research into hazardous waste;
(ii) the protection of human beings or the environment from the harmful effects of hazardous waste;
(iii) research into pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste;
(iv) the protection of human beings or the environment from the harmful effects of pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste; and
(c) the objects or purposes of the organisation or association include any of the following:
(i) research into hazardous waste;
(ii) the protection of human beings or the environment from the harmful effects of hazardous waste;
(iii) research into pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste;
(iv) the protection of human beings or the environment from the harmful effects of pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste.
(7) Part 7 of the Regulatory Powers Act, as that Part applies in relation to a provision mentioned in subsection (1), applies as if a reference in subsections 119(1) and 119(2) of that Act to "a person" included references to "an unincorporated organisation" and "an unincorporated association".
(8) Subparagraphs (4)(b)(i) to (iv), (5)(b)(i) to (iv) and (6)(b)(i) to (iv) do not apply to activities unless:
(a) the activities are carried on within Australian jurisdiction; or
(b) the activities relate to the effects of hazardous waste of Australian origin on human beings, or the environment, outside of Australian jurisdiction.
(9) For the purposes of subsections (4), (5) and (6), in interpreting the expression hazardous waste , sections 4A, 4F and 4G are to be ignored.
Relevant court
(10) For the purposes of Part 7 of the Regulatory Powers Act, the Court is a relevant court in relation to the provisions mentioned in subsection (1).
Certain limits on granting injunctions do not apply
(11) Subsection 124(1) of the Regulatory Powers Act applies in relation to the provisions mentioned in subsection (1) of this section as if paragraph 124(1)(c) of that Act were replaced by the following paragraph:
"(c) whether or not there is a significant risk of injury or damage to an individual or the environment if the person engages in conduct of that kind.".
(12) Subsection 124(2) of the Regulatory Powers Act applies in relation to the provisions mentioned in subsection (1) as if paragraph 124(2)(c) of that Act were replaced by the following paragraph:
"(c) whether or not there is a significant risk of injury or damage to an individual or the environment if the person refuses or fails to do the thing.".