ENVIRONMENT PROTECTION ACT 1993 - SECT 25
ENVIRONMENT PROTECTION ACT 1993 - SECT 25
25—General environmental duty
(1) A person must not
undertake an activity that pollutes, or might pollute, the environment unless
the person takes all reasonable and practicable measures to prevent or
minimise any resulting environmental harm.
(2) In determining
what measures are required to be taken under subsection (1), regard is to
be had, amongst other things, to—
(a) the
nature of the pollution or potential pollution and the sensitivity of the
receiving environment; and
(b) the
financial implications of the various measures that might be taken as those
implications relate to the class of persons undertaking activities of the same
or a similar kind; and
(c) the
current state of technical knowledge and likelihood of successful application
of the various measures that might be taken.
(3) In any proceedings
(civil or criminal), where it is alleged that a person failed to comply with
the duty under this section by polluting the environment, it will be a
defence—
(a)
if—
(i)
maximum pollution levels were fixed for the particular
pollutant and form of pollution concerned by mandatory provisions of an
environment protection policy or conditions of an environmental authorisation
held by the person, or both; and
(ii)
it is proved that the person did not by so polluting the
environment contravene the mandatory provisions or conditions; or
(b)
if—
(i)
an environment protection policy or conditions of an
environmental authorisation provided that compliance with specified provisions
of the policy or with specified conditions of the authorisation would satisfy
the duty under this section in relation to the form of pollution concerned;
and
(ii)
it is proved that the person complied with the provisions
or with such conditions of an environmental authorisation held by the person.
(4) Failure to comply
with the duty under this section does not of itself constitute an offence,
but—
(a)
compliance with the duty may be enforced by the issuing of an
environment protection order; and
(b) a
clean-up order or clean-up authorisation may be issued, or an order may be
made by the Environment, Resources and Development Court under Part 11, in
respect of non-compliance with the duty; and
(c)
failure to comply with the duty will be taken to be a contravention of this
Act for the purposes of section 135.