General duty to avoid undue environmental damage
73H General duty to avoid undue environmental damage
A person must, in carrying out mining operations at a private mine, take all reasonable and practicable measures to avoid undue damage to the environment.
In determining what measures are required to be taken under subsection (1), regard is to be had, amongst other things, to—
the nature of the mining operations and the sensitivity of the receiving environment; and
the financial implications of the various measures that might be taken as those implications relate to the class of persons undertaking activities of the same or a similar kind; and
the current state of technical knowledge and likelihood of successful application of the various measures that might be taken.
Subsection (1) operates in addition to, and does not limit or derogate from, the provisions of the Environment
Protection Act 1993 or any other
Act.
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