12General environmental duty

12 General environmental duty (1) A person who: (a) conducts an activity that causes or is likely to cause pollution resulting in environmental harm or that generates or is likely to generate waste; or (b) performs an action that causes or is likely to cause pollution resulting in environmental harm or that generates or is likely to generate waste, must take all measures that are reasonable and practicable to: (c) prevent or minimise the pollution or environmental harm; and (d) reduce the amount of the waste.

Waste Management and Pollution Control Act 1998 13 (2) Without limiting the generality of subsection (1), in determining which measures are reasonable and practicable for the purposes of subsection (1), a person is to have regard to: (a) the nature of the environmental harm and the sensitivity of the environment into which a contaminant or waste is placed or may be placed; (b) current technical information reasonably available to the person in relation to the activity and the likelihood that a measure proposed in the information would minimise the pollution, environmental harm or waste that the activity or action may cause; and (c) the financial implications of implementing or carrying out the measures. (3) A failure to comply with subsection (1) does not of itself constitute an offence, but where a person has failed to comply with the subsection a pollution abatement notice may be issued to him or her.