Document ID: chunk:federal_register_of_legislation:C2004A00699:clause:1_78
Version: federal_register_of_legislation:C2004A00699
Segment Type: clause
Provision Reference: sch 1 cl 78
Character Range: 36882–37937

78  At the end of section 41
Add:

 (3) Before the Governor‑General makes a regulation prescribing material for the purposes of paragraph (b) of the definition of seriously harmful material in subsection 4(1), the Minister must be satisfied that the material is capable of causing serious harm to the marine environment.

 (4) The Minister may be satisfied that material is capable of causing serious harm to the marine environment even though there is no conclusive evidence to prove a causal relationship between the input of the material into the marine environment and serious harm to the marine environment.

 (5) For the purposes of subsection (3), the Minister must have regard to the principle that material should be prescribed as seriously harmful material if there is reason to believe that the material is likely to cause serious harm to the marine environment even though there is no conclusive evidence to prove a causal relationship between the input of the material into the marine environment and serious harm to the marine environment.