Levels of environmental harm
83 Levels of environmental harm
(1) Environmental nuisance is environmental harm that has, or may have:
(a) an adverse effect on the amenity of land caused by noise, smoke, dust, fumes or odour; or
an unsightly or offensive condition on the land.
(2) Material environmental harm is environmental harm that:
is not trivial or negligible in nature; or
(b) consists of environmental nuisance of a high impact or on a wide scale; or
(c) results, or is likely to result, in not more than the prescribed amount being spent in taking appropriate action to prevent or minimise the environmental harm or rehabilitate the environment; or
(d) results in actual or potential loss or damage to the value of not more than the prescribed amount.
(3) Serious environmental harm is environmental harm that is more serious than material environmental harm and includes environmental harm that:
(a) is irreversible or otherwise of a high impact or on a wide scale; or
(b) damages an aspect of the environment that is of a high conservation value, high cultural value or high community value or is of special significance; or
(c) results, or is likely to result, in more than the prescribed amount being spent in taking appropriate action to prevent or minimise the environmental harm or rehabilitate the environment; or
(d) results in actual or potential loss or damage to the value of more than the prescribed amount.
In this section:
prescribed amount means:
$50 000; or
if the regulations prescribe a greater amount – that amount.
This provision refers to the regulations (prescribed amount
, the regulations
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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