Environmental Harm is any adverse effect, or potential adverse effect on an environmental value. The adverse effect or potentially adverse effect, can be temporary, permanent, and of varying degrees of magnitude, duration or frequency. It includes an environmental nuisance.*

Environmental Harm may be caused by an activity:

• whether the harm is a direct or indirect result of the activity; or

• whether the harm results from the activity alone or from the combined effects of the activity and other activities or factors.

It can be caused by either an act or omission (a failure to do something) and can be dependent upon:

• chemical characteristics;

• toxicity and reactivity;

• amount or volume of release;

• extent of area impacted;

• pathways for contaminant release and spread;

• weather conditions at the time of the event or incident including exacerbating or mitigating factors like rain or temperature;

• proximity of urban areas; and

• proximity, size, value and sensitivity of adjacent environmental areas.

It is a legislative requirement that a person must not carry out any activity that causes, or is likely to cause, Environmental Harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm

This is the General Environmental Duty. Whilst there is a requirement to comply with the General Environmental Duty, a failure to do so does not constitute an offence. Rather, a failure to comply with the General Environmental Duty generally means that Environmental Harm has been, or is likely to be, caused.

Causing or potentially causing Environmental Harm is an offence that carries serious consequences, not only in terms of monetary penalties and/or potential imprisonment, but also the potential for further orders such as rehabilitation (which can sometimes run into the hundreds of thousands of dollars).

Conversely, complying with the General Environmental Duty may well be a defence to a charge of causing Environmental Harm.

* The terms Environmental Harm and the General Environmental Duty are defined by the Environmental Protection Act 1994 and are specific to Queensland, but similar provisions exist in other States and Territories.

If you are concerned that activities being undertaken by you may constitute Environmental Harm, please contact Karen to see if we can assist you.

The content of this article is intended in the nature of general information, and cannot be relied upon as legal advice. You should seek specialist advice about your particular circumstances.