23AGeneral environmental duty

23A General environmental duty

[Section 23A Inserted by No. 56 of 2000, s. 11, Applied:14 Jul 2000]

(1)  A person must take such steps as are practicable or 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 determining whether a person has complied with the general environmental duty, regard must be had to all the circumstances of the conduct of the activity, including but not limited to –

(a) [Section 23A Subsection (2) amended by No. 45 of 2007, s. 7, Applied:29 Nov 2007] the nature of the harm or nuisance or likely harm or nuisance; and

(b) the sensitivity of the environment into which a pollutant is discharged, emitted or deposited; and

(c) the current state of technical knowledge for the activity; and

(d) the likelihood and degree of success in preventing or minimising the harm or nuisance of each of the measures that might be taken; and

(e) the financial implications of taking each of those measures.

(3)  Failure to comply with subsection (1) does not itself constitute an offence or give rise to a civil right or remedy, but if a person has failed to comply with that subsection an environment protection notice may be issued to that person.

(4)  [Section 23A Subsection (4) amended by No. 45 of 2007, s. 7, Applied:29 Nov 2007] [Section 23A Subsection (4) amended by No. 45 of 2007, s. 7, Applied:29 Nov 2007] Where a person, in relation to an environmentally relevant activity, takes all measures specified, in a code of practice made and approved in accordance with the regulations, as meeting the requirements for compliance with the general environmental duty in respect of the activity, the person is taken to have complied with the general environmental duty in respect of the activity.