Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_476
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 476
Character Range: 1296923–1298413

476  Injunctions for contraventions of conservation agreements

Applications for injunctions
 (1) If a person bound by a conservation agreement engages or proposes to engage in conduct consisting of an act or omission that constitutes a contravention of the agreement, another person bound by the agreement or the Minister may apply to the Federal Court for an injunction.
Note: Section 307 explains who is bound by a conservation agreement.

Prohibitory injunctions
 (2) If a person has engaged, is engaging or is proposing to engage in conduct contravening the agreement, 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 was, is or would be a contravention of the agreement, 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.