Document ID: chunk:federal_register_of_legislation:C2024C00547:section:59:p2
Version: federal_register_of_legislation:C2024C00547
Segment Type: section
Provision Reference: s 59 (pt 2/2)
Character Range: 49436–50762

not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing;
 (b) whether or not the person has previously refused or failed to do that act or thing; and
 (c) whether or not there is a serious and immediate threat of injury to the environment if the person refuses or fails to do that act or thing.
 (8) The reference in subsection (1) to an interested person, in relation to conduct referred to in that subsection, shall be read as a reference to:
 (a) a person whose use or enjoyment of an adjacent area or of a part of an adjacent area is, or is likely to be, adversely affected by that conduct; or
 (b) an organisation or association of persons, whether incorporated or not, the objects or purposes of which include, and activities of which relate to, the protection or conservation of an adjacent area or of a part of an adjacent area that is, or is likely to be, affected by that conduct.
 (9) Paragraph (8)(b) does not apply in relation to conduct undertaken:
 (a) before the organisation or association was formed;
 (b) before the objects or purposes of the organisation or association included the matter concerned; or
 (c) before the organisation or association engaged in activities related to the matter concerned.

Part VII—Administration