ENVIRONMENT PROTECTION ACT 2017 - SECT 5 What is material harm?

ENVIRONMENT PROTECTION ACT 2017 - SECT 5

    (1)     In this Act, "material harm", in relation to human health or the environment means harm that is caused by pollution or waste that—

        (a)     involves an actual adverse effect on human health or the environment that is not negligible; or

        (b)     involves an actual adverse effect on an area of high conservation value or of special significance; or

        (c)     results in, or is likely to result in, costs in excess of the threshold amount being incurred in order to take appropriate action to prevent or minimise the harm or to rehabilitate or restore the environment to the state it was in before the harm.

    (2)     For the purposes of subsection (1), harm may become material harm regardless of the period of time in which the harm occurs and as a result of—

        (a)     a single occurrence of harm arising from an activity; or

        (b)     multiple occurrences of harm arising from the same activity; or

        (c)     the cumulative effect of harm arising from an activity combined with harm arising from other activities or factors.

    (3)     In this section, "threshold amount" means $10 000 or a higher amount prescribed by the regulations.

New s. 6 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12− 30, 3/2020 ss 42– 44, 47/2020 s. 26).