ENVIRONMENTAL IMPACT ASSESSMENT ACT
Section 52: Injunction
(1) Where, on the application of the Agency, it appears to a court of competent jurisdiction that a prohibition made under section 51 of this Act in respect of a project has been, is about to be or is likely to be contravened, the court may issue an injunction ordering any person named in the application to refrain from doing any act or thing that would commit the proponent to ensure that the project or any part thereof is carried out until-
(a) with respect to a prohibition made pursuant to section 51 (1), of this Act, the assessment of the environmental effects of the project referred to in sections 47 (1), 48 (1) or 49 (1) or (2) of this Act, is completed and the Agency is satisfied that the project is not likely to cause any serious adverse environmental effects or any such effects shall be mitigated or are justified in the circumstances; and
(b) with respect to a prohibition made pursuant to section 51 (2), of this Act, the Agency is satisfied that the serious adverse environmental effects referred to in that subsection has been mitigated.
(2) At least 48 hours before an injunction is issued under subsection (1) of this section, notice of the application shall be given to the persons named in the application unless the urgency of the situation is such that the delay involved in giving such notice would not be in the public interest.
Cite this section
Section 52, ENVIRONMENTAL IMPACT ASSESSMENT ACT (1992).
https://repo.podus.ai/laws/environmental-impact-assessment-act/section/52/