MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 1 Preliminary
Part 3 Interpretation

[s 17]

                      (ii) rehabilitate or restore the environment to its
                           condition before the harm.
          (2)   In this section—
                maximum amount means the threshold amount for serious
                environmental harm.
                threshold amount means $5000 or, if a greater amount is
                prescribed by regulation, the greater amount.

17        Serious environmental harm
          (1)   Serious environmental harm is environmental harm (other
                than environmental nuisance)—
                (a)   that is irreversible, of a high impact or widespread; or
                (b)   caused to an area of high conservation value or special
                      significance; or
                (c)   that causes actual or potential loss or damage to
                      property of an amount of, or amounts totalling, more
                      than the threshold amount; or
                (d)   that results in costs of more than the threshold amount
                      being incurred in taking appropriate action to—
                      (i)   prevent or minimise the harm; and
                      (ii) rehabilitate or restore the environment to its
                           condition before the harm.
          (2)   In this section—
                threshold amount means $50000 or, if a greater amount is
                prescribed by regulation, the greater amount.

17A       Exclusions
                Despite sections 14 and 15, a thing stated in schedule 1, part 2
                is not environmental harm or environmental nuisance.



Page 48                                              Current as at 20 February 2014