Queensland Consolidated Acts

ECONOMIC DEVELOPMENT ACT 2012 - SECT 109

109 Powers about enforcement orders

(1) The Planning and Environment Court’s power to make an enforcement order to stop, or not to start, an activity may be exercised—

(a) whether or not it appears to the court that the person against whom the order is made (the
"relevant person" ) intends to engage again, or to continue to engage again, in the activity; and

(b) whether or not the relevant person has previously engaged in an activity of the same type; and

(c) whether or not there is danger of substantial damage to property or the environment or injury to another person if the relevant person engages, or continues to engage, in the activity.

(2) The court’s power to make an enforcement order to do anything may be exercised—

(a) whether or not it appears to the court that the person against whom the order is made (also the
"relevant person" ) intends to fail, or to continue to fail, to do the thing; and

(b) whether or not the relevant person has previously failed to do a thing of the same type; and

(c) whether or not there is danger of substantial damage to property or the environment or injury to another person if the relevant person fails, or continues to fail, to do the thing.

(3) The court may cancel or change an enforcement order on the application of MEDQ or the person against whom the order is made.

(4) The court’s powers under this section are in addition to, and do not limit, its other powers.

Note—

For costs, see the Planning and Environment Court Act 2016 , part 6 .

(5) In this section—

"environment" see the Environmental Protection Act 1994 , section 8 .