MCU14/0028 Appendix 2 EnvProtAct 1994

                                                       Environmental Protection Act 1994
                                                    Chapter 7 Environmental management
                                                              Part 1 Environmental duties

                                                                                     [s 319]


Chapter 7                    Environmental management

Part 1                       Environmental duties

Division 1                   Duty to prevent and minimise
                             environmental harm

319      General environmental duty
        (1)   A person must not carry out any activity that causes, or is
              likely to cause, environmental harm unless the person takes
              all reasonable and practicable measures to prevent or
              minimise the harm (the general environmental duty).
              Editor’s note—
                 See section 24(3) (Effect of Act on other rights, civil remedies etc.).
        (2)   In deciding the measures required to be taken under
              subsection (1), regard must be had to, for example—
              (a)    the nature of the harm or potential harm; and
              (b)    the sensitivity of the receiving environment; and
              (c)    the current state of technical knowledge for the activity;
                     and
              (d)    the likelihood of successful application of the different
                     measures that might be taken; and
              (e)    the financial implications of the different measures as
                     they would relate to the type of activity.




Current as at 20 February 2014                                                    Page 245