§ 9 — Interim injunction before conviction

9.—(1) Where the Commissioner of Lands has reasonable cause to believe —(a)

that a person is committing an offence under section 5 on any State land; and

(b)

that it is necessary or expedient for an interim injunction under this section to be made,

the Commissioner of Lands may apply to a court for an interim injunction, whether or not the Commissioner of Lands has exercised any of his or her other powers under Part 3.

(2) On an application under subsection (1), the court may make an interim injunction against a person who is alleged to be committing or have committed an offence under section 5 on any State land, if the court is satisfied, on a balance of probabilities —(a)

that the person is committing or has committed an offence under section 5 on the State land;

(b)

that due to the commission of that offence —(i)

irreparable damage or harm is or is being, or is likely to be, caused to the State land, or other land adjacent to that State land;

(ii)

the State land is in such a condition as to collapse or partially collapse, or to cause a collapse or partial collapse of other land adjacent to that State land; or

(iii)

the State land is otherwise dangerous or likely to be otherwise dangerous in any other way to persons on or near the State land;

(c)

that it is impracticable in the circumstances of the particular case for proceedings under Part 3 to effectively prevent, alleviate or minimise the damage, collapse or danger mentioned in paragraph (b); and

(d)

that it is necessary or expedient for an interim injunction under this section to be made to prevent, alleviate or minimise the damage, collapse or danger mentioned in paragraph (b), before criminal proceedings against the person conclude.

(3) An interim injunction under this section may be made whether or not it appears to the court that the person intends to continue to commit the offence under section 5.

(4) An interim injunction may order the person concerned to do, within the time specified in the injunction, all or any of the following as is specified in that injunction, pending criminal proceedings:(a)

to leave the State land;

(b)

to demolish or remove any structure erected on, under or over the State land, and to dispose of the structure and any resulting debris from the demolition;

(c)

to remove from the State land any vehicle or vessel (or part thereof), animal (dead or alive), waste or goods or any other thing, whether or not of a similar kind;

(d)

to stop removing or to not remove from the State land, any goods, substances or forest products or any other thing, whether or not of a similar kind.

(5) Where the Commissioner of Lands makes an application to a court for the grant of an interim injunction under this section, the court may not require the Authority, as a condition of granting the interim injunction, to give any undertaking as to damages.

—(1) Where the Commissioner of Lands has reasonable cause to believe —(a)

that a person is committing an offence under section 5 on any State land; and

(b)

that it is necessary or expedient for an interim injunction under this section to be made,

the Commissioner of Lands may apply to a court for an interim injunction, whether or not the Commissioner of Lands has exercised any of his or her other powers under Part 3.

(2) On an application under subsection (1), the court may make an interim injunction against a person who is alleged to be committing or have committed an offence under section 5 on any State land, if the court is satisfied, on a balance of probabilities —(a)

that the person is committing or has committed an offence under section 5 on the State land;

(b)

that due to the commission of that offence —(i)

irreparable damage or harm is or is being, or is likely to be, caused to the State land, or other land adjacent to that State land;

(ii)

the State land is in such a condition as to collapse or partially collapse, or to cause a collapse or partial collapse of other land adjacent to that State land; or

(iii)

the State land is otherwise dangerous or likely to be otherwise dangerous in any other way to persons on or near the State land;

(c)

that it is impracticable in the circumstances of the particular case for proceedings under Part 3 to effectively prevent, alleviate or minimise the damage, collapse or danger mentioned in paragraph (b); and

(d)

that it is necessary or expedient for an interim injunction under this section to be made to prevent, alleviate or minimise the damage, collapse or danger mentioned in paragraph (b), before criminal proceedings against the person conclude.

(3) An interim injunction under this section may be made whether or not it appears to the court that the person intends to continue to commit the offence under section 5.

(4) An interim injunction may order the person concerned to do, within the time specified in the injunction, all or any of the following as is specified in that injunction, pending criminal proceedings:(a)

to leave the State land;

(b)

to demolish or remove any structure erected on, under or over the State land, and to dispose of the structure and any resulting debris from the demolition;

(c)

to remove from the State land any vehicle or vessel (or part thereof), animal (dead or alive), waste or goods or any other thing, whether or not of a similar kind;

(d)

to stop removing or to not remove from the State land, any goods, substances or forest products or any other thing, whether or not of a similar kind.

(5) Where the Commissioner of Lands makes an application to a court for the grant of an interim injunction under this section, the court may not require the Authority, as a condition of granting the interim injunction, to give any undertaking as to damages.