Commonwealth Consolidated Acts

WATER ACT 2007 - SECT 142

Prohibitory injunctions

  (1)   A Court may grant an injunction under section   140 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:

  (i)   injury or damage to human beings; or

  (ii)   damage to property; or

  (iii)   harm to, or loss of, water resources;

    if the person engages, or continues to engage, in conduct of that kind.

Mandatory injunctions

  (2)   A Court may grant an injunction under section   140 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:

  (i)   injury or damage to human beings; or

  (ii)   damage to property; or

  (iii)   harm to, or loss of, water resources;

    if the person refuses or fails, or continues to refuse or fail, to do the act or thing.