MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 1 Preliminary
Part 3 Interpretation

[s 14]

                (a)   left over, or an unwanted by-product, from an industrial,
                      commercial, domestic or other activity; or
                (b)   surplus to the industrial, commercial, domestic or other
                      activity generating the waste.
                      Example of paragraph (a)—
                        Abandoned or discarded material from an activity is left over, or
                        an unwanted by-product, from the activity.
          (2)   Waste can be a gas, liquid, solid or energy, or a combination
                of any of them.
          (3)   A thing can be waste whether or not it is of value.
          (4)   For subsection (1), if the approval of a resource under the
                Waste Reduction Act, chapter 8, is a specific approval, the
                resource stops being waste only in relation to the holder of the
                approval.
          (5)   Despite subsection (1), a resource approved under the Waste
                Reduction Act, chapter 8, becomes waste—
                (a)   when it is disposed of at a waste disposal site; or
                (b)   if it is deposited at a place in a way that would, apart
                      from its approval under that chapter, constitute a
                      contravention of the general littering provision or the
                      illegal dumping of waste provision under that
                      Act—when the depositing starts.
          (6)   In this section—
                waste disposal site see the Waste Reduction Act, section 8A.
                Waste Reduction Act means the Waste Reduction and
                Recycling Act 2011.


Subdivision 3               Environmental harm and nuisance

14        Environmental harm
          (1)   Environmental harm is any adverse effect, or potential
                adverse effect (whether temporary or permanent and of
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