Australian Capital Territory Numbered Acts

ENVIRONMENT PROTECTION AMENDMENT ACT 2014 (NO. 52 OF 2014) - SECT 6

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3C     Objects of Act

    (1)     The objects of this Act are to—

        (a)     protect and enhance the quality of the environment; and

        (b)     prevent environmental degradation and risk of harm to human health by promoting the following:

              (i)     pollution prevention;

              (ii)     clean production technology;

              (iii)     reuse and recycling of materials;

              (iv)     waste minimisation programs; and

        (c)     require people engaging in polluting activities to make progressive environmental improvements; and

        (d)     achieve effective integration of environmental, economic and social considerations in decision-making processes; and

        (e)     facilitate the implementation of national environment protection measures under national scheme laws; and

        (f)     provide for the monitoring and reporting of environmental quality on a regular basis; and

        (g)     ensure that contaminated land is managed having regard to human health and the environment; and

        (h)     coordinate activities needed to protect, restore or improve the ACT environment; and

              (i)     establish a process for investigating and, where appropriate, remediating land areas where contamination is causing or is likely to cause a significant risk—

              (i)     of harm to human health; or

              (ii)     of material environmental harm or serious environmental harm.

    (2)     In this section:

"national scheme law" means—

        (a)     the National Environment Protection Council Act 1994

(Cwlth); and

        (b)     the National Environment Protection Council Act 1994

.

3D     Principles applying to Act

    (1)     A person administering this Act must have regard to the following principles where relevant:

        (a)     the principle of a shared responsibility for the environment, including through—

              (i)     acknowledging environmental needs in economic and social decision-making; and

              (ii)     public education about and public involvement in decisions about protection, restoration and enhancement of the environment;

        (b)     the precautionary principle;

        (c)     the inter-generational equity principle;

        (d)     the waste minimisation principle;

        (e)     the polluter pays principle.

    (2)     In this section:

"inter-generational equity principle" means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.

    "polluter pays principle" means that polluters should bear the appropriate share of the costs that arise from their activities.

"precautionary principle" means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

"waste minimisation principle" means controlling the generation, storage, collection, transportation, treatment and disposal of waste to reduce, minimise and, where practical, eliminate harm to the environment.