ENVIRONMENT PROTECTION ACT 1997 - SECT 22 General environmental duty

ENVIRONMENT PROTECTION ACT 1997 - SECT 22

    (1)     A person must take the steps that are practicable and reasonable to prevent or minimise environmental harm or environmental nuisance caused, or likely to be caused, by an activity conducted by that person.

    (2)     In deciding whether a person has complied with the general environmental duty, regard must first be had, and greater weight must be given, to the risk of the environmental harm or environmental nuisance involved in conducting the activity, and, in addition, regard must then be had to—

        (a)     the nature and sensitivity of the receiving environment; and

        (b)     the current state of technical knowledge for the activity; and

        (c)     the financial implications of taking the steps mentioned in subsection (1); and

        (d)     the likelihood and degree of success in preventing or minimising the environmental harm or environmental nuisance of each of the steps that might be taken; and

        (e)     other circumstances relevant to the conduct of the activity.

    (3)     Subject to section 125, section 143 and section 160, failure to comply with the general environmental duty does not of itself—

        (a)     give rise to a civil right or remedy; or

        (b)     constitute an offence; or

        (c)     constitute grounds for action under this Act.