Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_475:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 475 (pt 1/2)
Character Range: 1293377–1296176

475  Injunctions for contravention of the Act

Applications for injunctions
 (1) If a person has engaged, engages or proposes to engage in conduct consisting of an act or omission that constitutes an offence or other contravention of this Act or the regulations:
 (a) the Minister; or
 (b) an interested person (other than an unincorporated organisation); or
 (c) a person acting on behalf of an unincorporated organisation that is an interested person;
may apply to the Federal Court for an injunction.

Prohibitory injunctions
 (2) If a person has engaged, is engaging or is proposing to engage in conduct constituting an offence or other contravention of this Act or the regulations, the Court may grant an injunction restraining the person from engaging in the conduct.

Additional orders with prohibitory injunctions
 (3) If the court grants an injunction restraining a person from engaging in conduct and in the Court's opinion it is desirable to do so, the Court may make an order requiring the person to do something (including repair or mitigate damage to the environment).

Mandatory injunctions
 (4) If a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail to do an act, and the refusal or failure did, does or would constitute an offence or other contravention of this Act or the regulations, the Court may grant an injunction requiring the person to do the act.

Interim injunctions
 (5) Before deciding an application for an injunction under this section, the Court may grant an interim injunction:
 (a) restraining a person from engaging in conduct; or
 (b) requiring a person to do an act.

Meaning of interested person—individuals
 (6) For the purposes of an application for an injunction relating to conduct or proposed conduct, an individual is an interested person if the individual is an Australian citizen or ordinarily resident in Australia or an external Territory, and:
 (a) the individual's interests have been, are or would be affected by the conduct or proposed conduct; or
 (b) the individual engaged in a series of activities for protection or conservation of, or research into, the environment at any time in the 2 years immediately before:
 (i) the conduct; or
 (ii) in the case of proposed conduct—making the application for the injunction.

Meaning of interested person—organisations
 (7) For the purposes of an application for an injunction relating to conduct or proposed conduct, an organisation (whether incorporated or not) is an interested person if it is incorporated (or was otherwise established) in Australia or an external Territory and one or more of the following conditions are met:
 (a) the organisation's interests have been, are or would be affected by the conduct or proposed conduct;
 (b) if the application