(1)  In this section,

prescribed activity means –

(a) an activity that is a level 2 activity; and

(b) an activity that is a level 3 activity in respect of which the council has not, by an order under section 26 of the State Policies and Projects Act 1993 , been made responsible for the enforcement of conditions upon which the activity may proceed.

(2)  In relation to activities other than prescribed activities, a council must use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution.