General environmental duty
What is the general environmental
duty?
Prosecution
Duty to notify
More information
What is the general environmental
duty
The Environmental Protection
Act 1994states
that we all have a general environmental duty. This means that we are all responsible
for the actions we take that affect the environment.
We must not carry out any activity that causes or is likely to cause environmental harm unless we take all reasonable and practicable measures to prevent or minimise the harm.
For example, we must not burn rubbish in our backyards (unless permitted by local government), pour oil and other wastes down the stormwater drain or cause unreasonable noise.
To decide what meets your general environmental duty, you need to think about these issues:
- the nature of the harm or potential harm;
- the sensitivity of the receiving environment;
- the current state of technical knowledge for the activity;
- the likelihood of successful application of the different measures that might be taken; and
- the financial implications of the different measures as they would relate to the type of activity.
Prosecution
A person is not prosecuted for failing to fulfil their general environmental
duty.
However, an environmental protection order can be issued to secure compliance with the general environmental duty. If this is not complied with, the person can be prosecuted.
The general environmental duty is a defence to offences related to causing unlawful environmental harm. If defendants can show that the harm happened while an activity lawful apart from this Act was being carried out and they fulfilled their ‘general environmental duty’, then they cannot be found guilty of causing unlawful environmental harm.
Duty to notify
If you become aware of serious or material environmental harm being caused or
threatened by an activity you are involved in you have a duty to report that
harm, unless the harm is authorised under an environmental protection policy,
an environmental management program, an environmental protection order, an authorisation
or a direction from an authorised person in an emergency. This is the duty to
notify environmental harm. If you fail to fulfil this duty it is an offence
and you can be prosecuted.
More information
If you need more information about the Environmental Protection
Act 1994 or environmental protection policies contact your local council
or Environmental Protection Agency
office.
Most Queensland legislation is available online. Electronic versions are not official versions. Authorised printed versions can be obtained from the Queensland Government Printer GOPRINT.
Last updated: 09 February 2006
