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Environmental Protection Act 1994
sec.16Material environmental harm
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### sec.16 Material environmental harm
Material environmental harm is environmental harm—
that is not trivial or negligible in nature, extent or context; or
that causes actual or potential loss or damage to property of an amount of, or amounts totalling, more than the threshold amount but less than the maximum amount; or
that results in costs of more than the threshold amount but less than the maximum amount being incurred in taking appropriate action to—
prevent or minimise the harm; and
rehabilitate or restore the environment to its condition before the harm.
The chief executive must ensure a threshold amount calculated under subsection (3) , definition threshold amount , paragraph (b) is published on the department’s website during the financial year to which it relates.
In this section—
maximum amount means the threshold amount for serious environmental harm.
threshold amount means—
for the financial year ending 30 June 2023—$10,000; or
for a later financial year—the threshold amount for the financial year immediately preceding the later financial year (the previous financial year ) increased by the consumer price index for the previous financial year.
s 16 amd 2023 No. 6 s 4 ; 2024 No. 30 s 9
(sec.16-ssec.1) Material environmental harm is environmental harm— that is not trivial or negligible in nature, extent or context; or that causes actual or potential loss or damage to property of an amount of, or amounts totalling, more than the threshold amount but less than the maximum amount; or that results in costs of more than the threshold amount but less than the maximum amount being incurred in taking appropriate action to— prevent or minimise the harm; and rehabilitate or restore the environment to its condition before the harm.
(sec.16-ssec.2) The chief executive must ensure a threshold amount calculated under subsection (3) , definition threshold amount , paragraph (b) is published on the department’s website during the financial year to which it relates.
(sec.16-ssec.3) In this section— maximum amount means the threshold amount for serious environmental harm. threshold amount means— for the financial year ending 30 June 2023—$10,000; or for a later financial year—the threshold amount for the financial year immediately preceding the later financial year (the previous financial year ) increased by the consumer price index for the previous financial year.
- (a) that is not trivial or negligible in nature, extent or context; or
- (b) that causes actual or potential loss or damage to property of an amount of, or amounts totalling, more than the threshold amount but less than the maximum amount; or
- (c) that results in costs of more than the threshold amount but less than the maximum 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.
- (i) prevent or minimise the harm; and
- (ii) rehabilitate or restore the environment to its condition before the harm.
- (i) prevent or minimise the harm; and
- (ii) rehabilitate or restore the environment to its condition before the harm.
- (a) for the financial year ending 30 June 2023—$10,000; or
- (b) for a later financial year—the threshold amount for the financial year immediately preceding the later financial year (the previous financial year ) increased by the consumer price index for the previous financial year.