Document ID: chunk:federal_register_of_legislation:C2024C00557:section:140
Version: federal_register_of_legislation:C2024C00557
Segment Type: section
Provision Reference: s 140
Character Range: 399329–401629

140  Grant of injunctions

Applications for injunctions
 (1) If a person has engaged, is engaging or is proposing to engage in conduct consisting of an act or omission that constituted, constitutes or would constitute a contravention to which this Part applies, the appropriate enforcement agency may apply to a Court for an injunction.

Prohibitory injunctions
 (2) If a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute a contravention to which this Part applies, 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 health of, or loss of, Basin water resources).

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 or thing, and the refusal or failure did, does or would constitute a contravention to which this Part applies, the Court may grant an injunction requiring the person to do the act or thing.
 (5) Without limiting subsection (3) or (4), the Court may grant an injunction requiring the person to:
 (a) implement a specified program for compliance with this Act, the Basin Plan, the regulations, the water charge rules or the water market rules; or
 (b) disclose, in the way and to the persons specified in the injunction, such information that the person has possession of, or access to, as is specified in the injunction to correct or counter the effect of a contravention to which this Part applies; or
 (c) publish, at the person's expense and in the way specified in the injunction, an advertisement in the terms specified in, or determined in accordance with, the injunction to correct or counter the effect of a contravention to which this Part applies.

Interim injunctions
 (6) 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 or thing.