Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_480k
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 480K
Character Range: 479333–481508

480K  Applying to Federal Court to have remediation determination set aside

 (1) Within 28 days after any of the following:
 (a) the specified person receives a copy of a remediation determination as required by paragraph 480G(a); or
 (b) a remediation determination is affirmed or varied under section 480J; or
 (c) a remediation determination is varied by the Minister under Subdivision D;
the specified person may apply to the Federal Court to have the remediation determination set aside.

 (2) On an application under subsection (1), the Federal Court must set aside the remediation determination if the Court is satisfied that:
 (a) the specified action did not occur; or
 (b) the specified person did not take the specified action; or
 (c) the specified action was not a contravention of the specified civil penalty provision; or
 (d) the remediation action is not a reasonable measure to repair or mitigate damage that may or will be, or that has been, caused by the specified action to the matter protected by the specified civil penalty provision.

 (3) In considering whether the remediation determination is a reasonable measure to repair or mitigate damage that may or will be, or that has been, caused by the specified action to the matter protected by the specified civil penalty provision, the Federal Court must have regard to the following:
 (a) the nature and extent of the specified action;
 (b) the nature and extent of the damage to the environment that may or will be, or that has been, caused by the specified action to the matter protected by the specified civil penalty provision;
 (c) the circumstances in which the specified action took place;
 (d) whether the specified person has previously been found by a court in proceedings under this Act or the regulations to have engaged in any similar conduct;
 (e) the cost to the specified person of taking the remediation action.
The Federal Court may also have regard to any other matters it considers relevant.

 (4) The Federal Court must not set aside the remediation determination unless it is satisfied as mentioned in subsection (2).

Subdivision C—Complying with remediation determinations