5Environmental harm

5 Environmental harm

(1)  For the purposes of this Act, environmental harm is any adverse effect on the environment (of whatever degree or duration) and includes an environmental nuisance.

(2)  For the purposes of this Act, the following provisions are to be applied in determining whether environmental harm is material environmental harm or serious environmental harm:

(a) environmental harm is to be treated as serious environmental harm if –

(i) it involves an actual adverse effect on the health or safety of human beings that is of a high impact or on a wide scale; or

(ii) it involves an actual adverse effect on the environment that is of a high impact or on a wide scale; or

(iii) it results in actual loss or property damage of an amount, or amounts in aggregate, exceeding ten times the threshold amount;

(b) environmental harm is to be treated as material environmental harm if –

(i) it consists of an environmental nuisance of a high impact or on a wide scale; or

(ii) it involves an actual adverse effect on the health or safety of human beings that is not negligible; or

(iii) it involves an actual adverse effect on the environment that is not negligible; or

(iv) it results in actual loss or property damage of an amount, or amounts in aggregate, exceeding the threshold amount.

(3)  For the purposes of subsection (2) , loss includes the reasonable costs and expenses that would be incurred in taking all reasonable and practicable measures to prevent or mitigate the environmental harm and to make good resulting environmental damage.

(4)  For the purposes of subsection (2) , threshold amount means $5 000, or if a greater amount is prescribed by regulation, that amount.

(5)  For the purposes of this Act, environmental harm is caused by pollution –