ENVIRONMENT PROTECTION ACT 2017 - SECT 6 The concept of minimising risks of harm to human health and the environment

ENVIRONMENT PROTECTION ACT 2017 - SECT 6

    (1)     A duty imposed on a person under this Act to minimise, so far as reasonably practicable, risks of harm to human health and the environment requires the person—

        (a)     to eliminate risks of harm to human health and the environment so far as reasonably practicable; and

        (b)     if it is not reasonably practicable to eliminate risks of harm to human health and the environment, to reduce those risks so far as reasonably practicable.

    (2)     To determine what is (or was at a particular time) reasonably practicable in relation to the minimisation of risks of harm to human health and the environment, regard must be had to the following matters—

        (a)     the likelihood of those risks eventuating;

        (b)     the degree of harm that would result if those risks eventuated;

        (c)     what the person concerned knows, or ought reasonably to know, about the harm or risks of harm and any ways of eliminating or reducing those risks;

        (d)     the availability and suitability of ways to eliminate or reduce those risks;

        (e)     the cost of eliminating or reducing those risks.

New s. 7 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).