MCU14/0028 Appendix 2 EnvProtAct 1994

                                                Environmental Protection Act 1994
                                                           Chapter 1 Preliminary
                                                              Part 3 Interpretation

                                                                             [s 15]

              whatever magnitude, duration or frequency) on an
              environmental value, and includes environmental nuisance.
        (2)   Environmental harm may be caused by an activity—
              (a)    whether the harm is a direct or indirect result of the
                     activity; or
              (b)    whether the harm results from the activity alone or from
                     the combined effects of the activity and other activities
                     or factors.

15       Environmental nuisance
              Environmental nuisance is unreasonable interference or
              likely interference with an environmental value caused by—
              (a)    aerosols, fumes, light, noise, odour, particles or smoke;
                     or
              (b)    an unhealthy, offensive or unsightly condition because
                     of contamination; or
              (c)    another way prescribed by regulation.

16       Material environmental harm
        (1)   Material environmental harm is environmental harm (other
              than environmental nuisance)—
              (a)    that is not trivial or negligible in nature, extent or
                     context; or
              (b)    that causes actual or potential loss or damage to
                     property of an amount of, or amounts totalling, more
                     than the threshold amount but less than the maximum
                     amount; or
              (c)    that results in costs of more than the threshold amount
                     but less than the maximum amount being incurred in
                     taking appropriate action to—
                     (i)   prevent or minimise the harm; and


Current as at 20 February 2014                                            Page 47