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Landholders’ Right to Refuse (Coal Seam Gas) Bill 2011

Part 4 Remedies

   

12   Remedies in actions for coal seam gas mining on food producing land without prior written authorisation

             (1)  Without limiting the relief that a court may grant to a person (the plaintiff ) in an action under section 10 (coal seam gas mining without a prior written authorisation), the relief may include an injunction (including an interim injunction).

             (2)  The court must order that all costs incurred by a person commencing an action under this Act are to be paid by the defendant to the action unless the court considers that:

                     (a)  the person instituted the action vexatiously or without reasonable cause; or

                     (b)  it would be unreasonable, in all the circumstances, to do so.

             (3)  The court may discharge or vary an injunction or other order made under this section.