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Environment Protection Act 1997
22General environmental duty
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22 General environmental duty
(1) A person must take the steps that are practicable and reasonable to
prevent or minimise environmental harm or environmental nuisance
caused, or likely to be caused, by an activity conducted by that person.
(2) In deciding whether a person has complied with the general
environmental duty, regard must first be had, and greater weight must
be given, to the risk of the environmental harm or environmental
nuisance involved in conducting the activity, and, in addition, regard
must then be had to—
(a) the nature and sensitivity of the receiving environment; and
(b) the current state of technical knowledge for the activity; and
(c) the financial implications of taking the steps mentioned in
(d) the likelihood and degree of success in preventing or minimising
the environmental harm or environmental nuisance of each of
the steps that might be taken; and
(e) other circumstances relevant to the conduct of the activity.
(3) Subject to section 125, section 143 and section 160, failure to comply
with the general environmental duty does not of itself—
(a) give rise to a civil right or remedy; or
(b) constitute an offence; or
(c) constitute grounds for action under this Act.
Environmental duties Part 3