Page:Hazardous Waste (Control of Export, Import and Transit) Act 1997.pdf/26

26 (3) If, in the opinion of the court, it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (1).

(4) The court may discharge or vary an injunction granted under this section.

(5) The power of the court to grant an injunction under this section restraining a person from engaging in any conduct may be exercised—
 * (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind;
 * (b) whether or not the person has previously engaged in conduct of that kind; and
 * (c) whether or not there is a significant risk of injury or damage to human beings or the environment if the person engages, or continues to engage, in conduct of that kind.

(6) The power of the court to grant an injunction under this section requiring a person to do a thing may be exercised—
 * (a) whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do the thing;
 * (b) whether or not the person has previously refused or failed to do the thing; and
 * (c) whether or not there is a significant risk of injury or damage to human beings or the environment if the person refuses or fails, or continues to refuse or fail, to do the thing.

(7) Where the Director or any other person makes an application to the court for the grant of an injunction under this section, the court shall not require the Director or that other person, as a condition of the granting of an interim injunction, to give any undertakings as to damages.

(8) The powers conferred on the court under this section are in addition to, and not in derogation of, any other powers of the court.