58BInterpretation

58B Interpretation (1) In this Part, unless the contrary intention appears: contaminant means a solid, liquid or gas or any combination of those substances and includes: (a) noise, odour and heat; (b) a prescribed substance or prescribed class of substances; and (c) a substance having a prescribed property or prescribed class of properties. environment means land, air, water, organisms and ecosystems and includes: (a) the well-being of humans; (b) structures made or modified by humans; (c) the amenity values of an area; and (d) economic, cultural and social conditions. environmental harm means: (a) any harm to or adverse effect on the environment; or (b) any potential harm (including the risk of harm and future harm) to or potential adverse effect on the environment, of any degree or duration and includes environmental nuisance. environmental nuisance, in relation to land, means: (a) an adverse effect on the amenity of the land caused by noise, smoke, dust, fumes or odour; or Energy Pipelines Act 1981 53 (b) an unsightly or offensive condition on the land. land includes water and air on, above or under land. material environmental harm means environmental harm that: (a) is not trivial or negligible in nature; (b) consists of an environmental nuisance of a high impact or on a wide scale; (c) results, or is likely to result, in not more than $50,000 or the prescribed amount (whichever is greater) 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 $50,000 or the prescribed amount (whichever is greater). serious environmental harm means 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; (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; (c) results or is likely to result in more than $50,000 or the prescribed amount (whichever is greater) 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 $50,000 or the prescribed amount (whichever is greater). waste material means: (a) a solid, liquid or gas; or (b) a mixture of those substances, that is left over, surplus or is an unwanted by-product and includes a prescribed substance or class of substances. Energy Pipelines Act 1981 54 (2) For the purposes of this Part, loss, in relation to an act or failure to act, includes the reasonable costs and expenses that would be incurred in taking all reasonable and practicable measures: (a) to prevent or mitigate environmental harm caused by or resulting from the act or failure to act; and (b) to make good environmental harm resulting from the act or failure to act. (3) For the purposes of this Part, environmental harm may be caused by an act or failure to act whether the harm: (a) is caused directly or indirectly or is a direct or indirect result of the act or failure to act; or (b) results from, or is caused by, the act or failure to act alone or from the combined effects of the act or failure to act and other factors.