232Scope of enforcement order

1. An enforcement order is an order made under section 237 by the Environment Court or an Environment Judge sitting in the District Court that may do any 1 or more of the following:

2. require a person to cease, or prohibit a person from commencing, anything done or to be done by or on behalf of that person, that, in the opinion of the court,—
   1. contravenes or is likely to contravene this Act, regulations, a rule in a plan, a rule in a proposed plan, a planning consent; or
   2. is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the environment:
3. require a person to do something that, in the opinion of the court, is necessary in order to—
   1. ensure compliance by or on behalf of that person with this Act, regulations, a rule in a plan, a rule in a proposed plan, or a planning consent; or
   2. avoid, minimise, or remedy any actual or likely adverse effect on the environment caused by or on behalf of that person:
4. require a person to remedy or mitigate any adverse effect on the environment caused by or on behalf of that person:
5. require a person to pay money to or reimburse any other person for any actual and reasonable costs and expenses which that other person has incurred or is likely to incur in avoiding, remedying, or mitigating any adverse effect on the environment, where the person against whom the order is sought fails to comply with—
   1. an order under any other paragraph of this subsection; or
   2. an abatement notice; or
   3. a rule in a plan or a proposed plan or a planning consent; or
   4. any of that person’s other obligations under this Act:
6. require a person to do something that, in the opinion of the court, is necessary in order to avoid, minimise, or remedy any actual or likely adverse effect on the environment relating to any land of which the person is the owner or occupier:
7. change or cancel a planning consent if, in the opinion of the court, the information made available to the territorial authority by the applicant contained inaccuracies relevant to the enforcement order sought which materially influenced the decision to grant the consent:
8. revoke a planning consent (in whole or in part) or suspend a planning consent (for a specified period in whole or in part) if, in the opinion of the court, there has been significant non-compliance with this Act—
   1. that is ongoing or repeated; and
   2. that, if the consent holder is not a natural person, has been or is the subject of an enforcement order or a conviction under this Act or, if the consent holder is a natural person, has been or is the subject of an enforcement order or a conviction under this Act within the previous 7 years:
9. where the court determines that any 1 or more of the requirements of Parts 1 or 2 of Schedule 3 have not been observed in respect of a plan, do any 1 or more of the following:
   1. grant a dispensation from the need to comply with those requirements:
   2. direct compliance with any of those requirements:
   3. suspend the whole or any part of the plan from a particular date (which may be on or after the date of the order, but no such suspension affects any court order made before the date of the suspension order):
10. require a person to take or refrain from taking any specified action so as to comply with any notice or covenant issued or entered into under a condition of a planning consent:
11. make an adverse publicity order, a monetary benefit order, or a pecuniary penalty order (see clauses 20, 29, and 30 of Schedule 8):
12. require a polluter of contaminated land to pay money to or reimburse the territorial authority or EPA for any actual or reasonable costs it has occurred for actions taken to prevent or remedy any adverse effects to the environment or to carry out remediation.

13. For the purposes of subsection (1)(d), actual and reasonable costs include the costs of investigation, supervision, and monitoring of the adverse effect on the environment, and the costs of any actions required to avoid, minimise, or remedy the adverse effect.

14. Except as provided in section 237(3), an enforcement order may be made on such terms and conditions as the Environment Court thinks fit (including the payment of any administrative charge under section 191, the provision of security, or the entry into a bond for performance).

15. Without limiting subsections (1) to (3), an order may require the restoration of any natural and physical resource to the state it was in before the adverse effect occurred (including the planting or replanting of any tree or other vegetation).

16. When making an enforcement order under subsection (4), the court may order that the restrictions set out in sections 17 or 18 do not apply to the restoration activities, provided that the court is satisfied that the conditions of the order are adequate to avoid, minimise, or remedy any adverse effects on the environment arising from those activities.

17. When making an enforcement order under subsection (1)(g), the court may, having regard to the nature of the non-compliance,—

18. revoke the planning consent, and any planning consents associated with that consent that enable the same activity, in whole or in part, with effect on a specified date; or
19. suspend the planning consent, and any planning consents associated with that consent that enable the same activity, in whole or in part, for a specified period without conditions or subject to any conditions that the court thinks fit.

20. An enforcement order applies, if the court so states, to the personal representatives, successors, and assigns of a person to the same extent as it applies to that person.