ENVIRONMENTAL PROTECTION ACT 1986 - SECT 3A
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 3A
3A . Terms used relating to pollution and environmental harm
(1) In this Act
—
pollution means direct or indirect alteration of
the environment —
(a) to
its detriment or degradation; or
(b) to
the detriment of an environmental value; or
(c) of a
prescribed kind,
that involves an emission.
(2) In this Act
—
environmental harm means direct or indirect
—
(a) harm
to the environment involving removal or destruction of, or damage to —
(i)
native vegetation; or
(ii)
the habitat of native vegetation or indigenous aquatic or
terrestrial animals;
or
(b)
alteration of the environment to its detriment or degradation or potential
detriment or degradation; or
(c)
alteration of the environment to the detriment or potential detriment of an
environmental value; or
(d)
alteration of the environment of a prescribed kind;
material environmental harm means environmental
harm that —
(a) is
neither trivial nor negligible; or
(b)
results in actual or potential loss, property damage or damage costs of an
amount, or amounts in aggregate, exceeding the threshold amount;
serious environmental harm means environmental
harm that —
(a) is
irreversible, of a high impact or on a wide scale; or
(b) is
significant or in an area of high conservation value or special significance;
or
(c)
results in actual or potential loss, property damage or damage costs of an
amount, or amounts in aggregate, exceeding 5 times the threshold amount.
(3) For the purposes
of subsection (2) —
damage costs means the reasonable costs and
expenses that are or would be incurred in taking all reasonable and
practicable measures to prevent, control or abate the environmental harm and
to make good resulting environmental damage;
threshold amount means $100 000, or if a greater
amount is prescribed by regulation, that amount.
[Section 3A inserted: No. 54 of 2003 s. 29;
amended: No. 40 of 2020 s. 5.]