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Environmental Protection Regulation 2019
sch.8-sec.3Assessing whether application minimised adverse effects
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### sch.8-sec.3 Assessing whether application minimised adverse effects
If a performance outcome requires the assessor to assess whether an adverse effect has been minimised, an adverse effect has been minimised if the assessor is satisfied all reasonably practicable measures have been taken to minimise the adverse effect.
In deciding whether all reasonably practicable measures have been taken to minimise the adverse effect, the assessor must consider the following matters—
the nature of the harm or potential harm;
the sensitivity of the receiving environment;
the current state of technical knowledge for the activity;
the likelihood of successful application of different measures that might be taken to minimise the adverse effects;
the financial implications of the different measures as they would relate to the type of activity;
if the adverse effect is caused by the location of the activity being carried out, whether it is feasible to carry out the activity at another location.
sch 8 s 3 amd 2024 Act No. 30 s 58
(sch.8-sec.3-ssec.1) If a performance outcome requires the assessor to assess whether an adverse effect has been minimised, an adverse effect has been minimised if the assessor is satisfied all reasonably practicable measures have been taken to minimise the adverse effect.
(sch.8-sec.3-ssec.2) In deciding whether all reasonably practicable measures have been taken to minimise the adverse effect, the assessor must consider the following matters— the nature of the harm or potential harm; the sensitivity of the receiving environment; the current state of technical knowledge for the activity; the likelihood of successful application of different measures that might be taken to minimise the adverse effects; the financial implications of the different measures as they would relate to the type of activity; if the adverse effect is caused by the location of the activity being carried out, whether it is feasible to carry out the activity at another location.
- (a) the nature of the harm or potential harm;
- (b) the sensitivity of the receiving environment;
- (c) the current state of technical knowledge for the activity;
- (d) the likelihood of successful application of different measures that might be taken to minimise the adverse effects;
- (e) the financial implications of the different measures as they would relate to the type of activity;
- (f) if the adverse effect is caused by the location of the activity being carried out, whether it is feasible to carry out the activity at another location.