Australian Capital Territory Consolidated Acts

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ENVIRONMENT PROTECTION ACT 1997 - SECT 2

Objects

    (1)     The particular objects of this Act are—

        (a)     to protect and enhance the quality of the environment; and

        (b)     to prevent environmental degradation and adverse risks to human health and the health of ecosystems by promoting pollution prevention, clean production technology, reuse and recycling of materials and waste minimisation programs; and

        (c)     to require people engaging in polluting activities to make progressive environmental improvements, including reductions of pollution at the source as such improvements become practical through technological and economic development; and

        (d)     to achieve effective integration of environmental, economic and social considerations in decision-making processes; and

        (e)     to promote the concept of a shared responsibility for the environment by acknowledging environmental needs in economic and social decision-making; and

        (f)     to promote the concept of a shared responsibility for the environment through public education about and public involvement in decisions about protection, restoration and enhancement of the environment; and

        (g)     to promote the principles of ecologically sustainable development; and

        (h)     to regulate, reduce or eliminate the discharge of pollutants and hazardous substances into the air, land or water consistent with maintaining environmental quality; and

              (i)     to allocate the costs of environmental protection and restoration equitably and in a way that encourages responsible use of, and reduces harm to, the environment with polluters bearing the appropriate share of the costs that arise from their activities; and

        (j)     to facilitate the implementation of national environment protection measures under national scheme laws; and

        (k)     to provide for the monitoring and reporting of the environmental quality on a regular basis in conjunction with the commissioner for the environment; and

        (l)     to control the generation, storage, collection, transportation, treatment and disposal of waste with a view to reducing, minimising and, where practical, eliminating harm to the environment; and

        (m)     to adopt a precautionary approach when assessing environmental risk to ensure that all aspects of environmental quality, including ecosystem sustainability and integrity and beneficial use of the environment, are considered in assessing, and making decisions in relation to, the environment; and

        (n)     to ensure that contaminated land is managed having regard to human health and the environment; and

        (o)     to coordinate all activities as are necessary to protect, restore or improve the ACT environment; and

        (p)     to establish a process for investigating and, where appropriate, remediating land areas where contamination is causing or is likely to cause—

              (i)     a significant risk of harm to human health; or

              (ii)     a significant risk of material environmental harm or serious environmental harm;

and this Act must be construed and administered accordingly.

    (2)     For subsection (1) (g), ecologically sustainable development means the effective integration of economic and environmental considerations in decision-making processes and to be achievable through implementation of the following principles:

        (a)     the precautionary principle, namely, that if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;

        (b)     the inter-generational principle, namely, that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;

        (c)     conservation of biological diversity and ecological integrity;

        (d)     improved valuation and pricing of environmental resources.



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