Section 15 of the Resource Management Act 1991: Duty to avoid, remedy or mitigate adverse effects.
Section 15 of the Resource Management Act 1991 (RMA) imposes a legal duty on all persons to avoid, remedy or mitigate any adverse effects on the environment arising from their activities. This section is a cornerstone of New Zealand’s environmental law and is designed to ensure that all activities are carried out in a sustainable manner that protects the environment for future generations.
Facts:
The factual background of Section 15 of the RMA is that it was enacted in response to growing concerns about the impact of human activities on the environment. The New Zealand government recognized the need to balance economic development with environmental protection and sustainability. Section 15 was introduced as a means of achieving this balance by imposing a legal obligation on all persons to avoid, remedy, or mitigate any adverse effects on the environment arising from their activities.
Relevant Laws:
Section 15 of the RMA is the primary law that governs the duty to avoid, remedy or mitigate adverse effects on the environment. Other relevant laws include the Environmental Protection Authority Act 2011, the Hazardous Substances and New Organisms Act 1996, and the Climate Change Response Act 2002. Case law is also relevant in interpreting and applying Section 15.
Application of Laws to Facts:
The duty to avoid, remedy or mitigate adverse effects on the environment under Section 15 is a strict liability offence. This means that a person can be held liable for any adverse effects caused by their activities, regardless of whether they intended to cause harm or not. The courts have interpreted this duty broadly, requiring all persons to take proactive steps to prevent harm to the environment.
Key Legal Issues or Questions:
The key legal issues or questions that arise under Section 15 include:
– What constitutes an adverse effect on the environment?
– What steps must be taken to avoid, remedy or mitigate adverse effects?
– Who is responsible for ensuring compliance with Section 15?
– What are the consequences of non-compliance with Section 15?
Likely Outcome:
The likely outcome of a breach of Section 15 is enforcement action by the relevant regulatory authority, which may include fines, injunctions, or other penalties. In some cases, criminal charges may be brought against individuals or companies responsible for causing adverse effects on the environment.
Alternatives or Different Interpretations:
There are differing interpretations of Section 15, particularly in relation to what constitutes an adverse effect on the environment and what steps must be taken to avoid, remedy or mitigate such effects. Some argue that the duty under Section 15 is too broad and imposes an unreasonable burden on individuals and businesses, while others argue that it is necessary to protect the environment.
Related Case Laws and Judgments:
1. New Zealand Fish and Game Council v Attorney-General [2008] NZSC 115 – This case clarified the meaning of “adverse effect on the environment” under Section 2 of the RMA, which is relevant to the interpretation of Section 15.
2. R v Carter Holt Harvey Ltd [2005] NZCA 401 – This case established that a company can be held liable for breaching Section 15 of the RMA, even if the harm caused was unintentional.
3. Friends of the Earth Inc v Australian Broadcasting Corporation [1986] HCA 40 – This Australian case established the principle of strict liability in environmental law, which has been adopted in New Zealand.
4. R v North Shore City Council [2001] NZCA 305 – This case established that a local authority can be held liable for breaching Section 15 of the RMA if it fails to take reasonable steps to prevent harm to the environment.
5. R v Bay of Plenty Regional Council [2017] NZDC 23694 – This case involved a breach of Section 15 by a regional council, which resulted in a significant discharge of contaminants into a waterway. The council was fined $60,000 and ordered to pay $20,000 in reparation to the affected parties.
Advice to the Client:
Based on the assessment of the law and the facts, the best course of action for clients is to take proactive steps to avoid, remedy or mitigate any adverse effects on the environment arising from their activities. This may include conducting environmental impact assessments, implementing pollution prevention measures, and complying with relevant regulations and guidelines.
Potential Ethical Issues:
Potential ethical issues that may arise in relation to Section 15 include conflicts between economic development and environmental protection, as well as issues around environmental justice and the distribution of environmental harms and benefits.
Possible Implications or Consequences:
The potential implications or consequences of breaching Section 15 can be significant, including financial penalties, reputational damage, and legal action by affected parties. Compliance with Section 15 is therefore essential for individuals and businesses seeking to operate in a sustainable and responsible manner.
