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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 6A
Principles of environmental protection
6A Principles of environmental protection
(1) This Act is to be administered having regard to— (a) the following
principles of environmental policy as set out in the Intergovernmental
Agreement on the Environment— (i) the precautionary principle;
(ii)
intergenerational equity;
(iii) conservation of biological diversity and
ecological integrity;
(iv) improved valuation, pricing and incentive
mechanisms (which includes the principle known as the principle of polluter
pays); and
(b) the principle (known as the principle of proportionality) that
a decision, action or thing directed towards minimising harm or a risk of harm
to the environment should be proportionate to the harm or risk of harm that is
being addressed; and
(c) the principle (known as the principle of primacy of
prevention) that prevention of harm to the environment is preferred to
remedial or mitigation measures.
(2) If a provision of this Act requires the
chief executive or administering authority to consider, or have regard to, the
standard criteria, the chief executive or administering authority— (a) must
consider, or have regard to, the standard criteria; and
(b) need not but may
consider, or have regard to, any other principle mentioned in subsection (1).
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