Home›Questions on Notice›QoN 3762

❓ Hon Giz Watson asks the Minister for the Environment about the clarity of the term 'environmental harm' within the Environmental Protection Act 1986 for State Agencies and its legal definition. The Minister confirms no known lack of understanding and refers to the Act's definitions, deferring to the courts for legal interpretation.

AnsweredQoN 3762Legislative Council

Asked

29 June 2006

Member

Hon Giz Watson

Portfolio

the Environment

QuestionView source ↗

(1) Can the Minister confirm that the term ‘environmental harm’ in the
Environmental Protection Act 1986
is clearly understood by all relevant State Agencies, and is or is likely to be capable of precise legal definition in the courts?
(2) If yes to (1), can you please detail?

AnswerView source ↗

Answered

22 August 2006

Responded by

Minister for Education and Training representing the Minister for the Environment

Response time

54 days

(1) I have no information to suggest that there is any lack of understanding of the concept of environmental harm amongst State Agencies. Material and serious environmental harm are offences under the Environmental Protection Act 1986 ( Act ). Those offences are clearly spelt out in the Act as is the difference between pollution and environmental harm. How the courts will define and apply these offences is a matter for the courts. I would not presume to detail how that is likely to occur. (2) Not applicable.
(2) Not applicable.

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