❓ Hon Paul Llewellyn asks the Minister for the Environment to define 'welfare', 'interferes', and 'unreasonably' in the context of the Environmental Protection Act 1986. The Minister provides dictionary definitions and notes enforcement is case-by-case.
AnsweredQoN 2971Legislative Council
QuestionView source ↗
I refer to question on notice No. 2610 of September 22 2005, and the answers provided -
(1) Can the Minister clearly define and explain what welfare means?
(2) If no to (1), why not?
(3) Can the Minister clearly define and explain what interferes with means?
(4) If no to (3), why not?
(5) Can the Minister clearly define and explain what unreasonably means?
(6) If no to (5), why not?
(1) Can the Minister clearly define and explain what welfare means?
(2) If no to (1), why not?
(3) Can the Minister clearly define and explain what interferes with means?
(4) If no to (3), why not?
(5) Can the Minister clearly define and explain what unreasonably means?
(6) If no to (5), why not?
AnswerView source ↗
Answered
14 March 2006
Responded by
Minister for Education and Training representing the Minister for the Environment
Response time
104 days
The Minister for the Environment; Science has provided the following response: The following information is correct as at 20 December 2005. (1) Enforcement action in regards to these terms would need to be considered on a case-by-case basis. It is worth noting that the terms 'welfare', 'interferes' and 'unreasonably' are parts, but not all, of the legal proof required to establish unreasonable emissions as per Section 49 of the Environmental Protection Act 1986 . Suffice to say the term 'welfare' would be taken in its ordinary sense because the term is not defined within the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if a definition cannot be found, then the Oxford dictionary can be used. The Butterworths Australian Legal Dictionary defines 'welfare' as follows: 'a state of wellbeing ; having one's needs satisfied; happiness'. (2) Not applicable. (3) As per question (1). The Butterworths Australian Legal Dictionary does not specifically define 'interferes'. The Australian Concise Oxford Dictionary defines 'interfere' as follows: 'meddle; obstruct a process; be a hindrance; get in the way; intervene without invitation or necessity'. (4) Not applicable. (5) The Australian Concise Oxford Dictionary defines 'reasonable' as follows: 'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
The following information is correct as at 20 December 2005. (1) Enforcement action in regards to these terms would need to be considered on a case-by-case basis. It is worth noting that the terms 'welfare', 'interferes' and 'unreasonably' are parts, but not all, of the legal proof required to establish unreasonable emissions as per Section 49 of the Environmental Protection Act 1986 . Suffice to say the term 'welfare' would be taken in its ordinary sense because the term is not defined within the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if a definition cannot be found, then the Oxford dictionary can be used. The Butterworths Australian Legal Dictionary defines 'welfare' as follows: 'a state of wellbeing ; having one's needs satisfied; happiness'. (2) Not applicable. (3) As per question (1). The Butterworths Australian Legal Dictionary does not specifically define 'interferes'. The Australian Concise Oxford Dictionary defines 'interfere' as follows: 'meddle; obstruct a process; be a hindrance; get in the way; intervene without invitation or necessity'. (4) Not applicable. (5) The Australian Concise Oxford Dictionary defines 'reasonable' as follows: 'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
(1) Enforcement action in regards to these terms would need to be considered on a case-by-case basis. It is worth noting that the terms 'welfare', 'interferes' and 'unreasonably' are parts, but not all, of the legal proof required to establish unreasonable emissions as per Section 49 of the Environmental Protection Act 1986 . Suffice to say the term 'welfare' would be taken in its ordinary sense because the term is not defined within the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if a definition cannot be found, then the Oxford dictionary can be used. The Butterworths Australian Legal Dictionary defines 'welfare' as follows: 'a state of wellbeing ; having one's needs satisfied; happiness'. (2) Not applicable. (3) As per question (1). The Butterworths Australian Legal Dictionary does not specifically define 'interferes'. The Australian Concise Oxford Dictionary defines 'interfere' as follows: 'meddle; obstruct a process; be a hindrance; get in the way; intervene without invitation or necessity'. (4) Not applicable. (5) The Australian Concise Oxford Dictionary defines 'reasonable' as follows: 'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
'a state of wellbeing ; having one's needs satisfied; happiness'. (2) Not applicable. (3) As per question (1). The Butterworths Australian Legal Dictionary does not specifically define 'interferes'. The Australian Concise Oxford Dictionary defines 'interfere' as follows: 'meddle; obstruct a process; be a hindrance; get in the way; intervene without invitation or necessity'. (4) Not applicable. (5) The Australian Concise Oxford Dictionary defines 'reasonable' as follows: 'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
(2) Not applicable. (3) As per question (1). The Butterworths Australian Legal Dictionary does not specifically define 'interferes'. The Australian Concise Oxford Dictionary defines 'interfere' as follows: 'meddle; obstruct a process; be a hindrance; get in the way; intervene without invitation or necessity'. (4) Not applicable. (5) The Australian Concise Oxford Dictionary defines 'reasonable' as follows: 'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
(3) As per question (1). The Butterworths Australian Legal Dictionary does not specifically define 'interferes'. The Australian Concise Oxford Dictionary defines 'interfere' as follows: 'meddle; obstruct a process; be a hindrance; get in the way; intervene without invitation or necessity'. (4) Not applicable. (5) The Australian Concise Oxford Dictionary defines 'reasonable' as follows: 'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
'meddle; obstruct a process; be a hindrance; get in the way; intervene without invitation or necessity'. (4) Not applicable. (5) The Australian Concise Oxford Dictionary defines 'reasonable' as follows: 'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
(4) Not applicable. (5) The Australian Concise Oxford Dictionary defines 'reasonable' as follows: 'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
(5) The Australian Concise Oxford Dictionary defines 'reasonable' as follows: 'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
" being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
(6) Not applicable.
The following information is correct as at 20 December 2005. (1) Enforcement action in regards to these terms would need to be considered on a case-by-case basis. It is worth noting that the terms 'welfare', 'interferes' and 'unreasonably' are parts, but not all, of the legal proof required to establish unreasonable emissions as per Section 49 of the Environmental Protection Act 1986 . Suffice to say the term 'welfare' would be taken in its ordinary sense because the term is not defined within the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if a definition cannot be found, then the Oxford dictionary can be used. The Butterworths Australian Legal Dictionary defines 'welfare' as follows: 'a state of wellbeing ; having one's needs satisfied; happiness'. (2) Not applicable. (3) As per question (1). The Butterworths Australian Legal Dictionary does not specifically define 'interferes'. The Australian Concise Oxford Dictionary defines 'interfere' as follows: 'meddle; obstruct a process; be a hindrance; get in the way; intervene without invitation or necessity'. (4) Not applicable. (5) The Australian Concise Oxford Dictionary defines 'reasonable' as follows: 'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
(1) Enforcement action in regards to these terms would need to be considered on a case-by-case basis. It is worth noting that the terms 'welfare', 'interferes' and 'unreasonably' are parts, but not all, of the legal proof required to establish unreasonable emissions as per Section 49 of the Environmental Protection Act 1986 . Suffice to say the term 'welfare' would be taken in its ordinary sense because the term is not defined within the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if a definition cannot be found, then the Oxford dictionary can be used. The Butterworths Australian Legal Dictionary defines 'welfare' as follows: 'a state of wellbeing ; having one's needs satisfied; happiness'. (2) Not applicable. (3) As per question (1). The Butterworths Australian Legal Dictionary does not specifically define 'interferes'. The Australian Concise Oxford Dictionary defines 'interfere' as follows: 'meddle; obstruct a process; be a hindrance; get in the way; intervene without invitation or necessity'. (4) Not applicable. (5) The Australian Concise Oxford Dictionary defines 'reasonable' as follows: 'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
'a state of wellbeing ; having one's needs satisfied; happiness'. (2) Not applicable. (3) As per question (1). The Butterworths Australian Legal Dictionary does not specifically define 'interferes'. The Australian Concise Oxford Dictionary defines 'interfere' as follows: 'meddle; obstruct a process; be a hindrance; get in the way; intervene without invitation or necessity'. (4) Not applicable. (5) The Australian Concise Oxford Dictionary defines 'reasonable' as follows: 'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
(2) Not applicable. (3) As per question (1). The Butterworths Australian Legal Dictionary does not specifically define 'interferes'. The Australian Concise Oxford Dictionary defines 'interfere' as follows: 'meddle; obstruct a process; be a hindrance; get in the way; intervene without invitation or necessity'. (4) Not applicable. (5) The Australian Concise Oxford Dictionary defines 'reasonable' as follows: 'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
(3) As per question (1). The Butterworths Australian Legal Dictionary does not specifically define 'interferes'. The Australian Concise Oxford Dictionary defines 'interfere' as follows: 'meddle; obstruct a process; be a hindrance; get in the way; intervene without invitation or necessity'. (4) Not applicable. (5) The Australian Concise Oxford Dictionary defines 'reasonable' as follows: 'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
'meddle; obstruct a process; be a hindrance; get in the way; intervene without invitation or necessity'. (4) Not applicable. (5) The Australian Concise Oxford Dictionary defines 'reasonable' as follows: 'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
(4) Not applicable. (5) The Australian Concise Oxford Dictionary defines 'reasonable' as follows: 'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
(5) The Australian Concise Oxford Dictionary defines 'reasonable' as follows: 'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
'having sound judgement; moderate; ready to listen to reason'. Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
Generally, at law 'reasonable' is considered to mean: " being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
" being within the bounds of common sense; not excessive or extreme, fair showing reason of sound judgement, moderate not absurd, tolerable". (6) Not applicable.
(6) Not applicable.
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