Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 527E

  (1)   For the purposes of this Act, an event or circumstance is an impact of an action taken by a person if:

  (a)   the event or circumstance is a direct consequence of the action; or

  (b)   for an event or circumstance that is an indirect consequence of the action--subject to subsection   (2), the action is a substantial cause of that event or circumstance.

  (2)   For the purposes of paragraph   (1)(b), if:

  (a)   a person (the primary person ) takes an action (the primary action ); and

  (b)   as a consequence of the primary action, another person (the secondary person ) takes another action (the secondary action ); and

  (c)   the secondary action is not taken at the direction or request of the primary person; and

  (d)   an event or circumstance is a consequence of the secondary action;

then that event or circumstance is an impact of the primary action only if:

  (e)   the primary action facilitates, to a major extent, the secondary action; and

  (f)   the secondary action is:

  (i)   within the contemplation of the primary person; or

  (ii)   a reasonably foreseeable consequence of the primary action; and

  (g)   the event or circumstance is:

  (i)   within the contemplation of the primary person; or

  (ii)   a reasonably foreseeable consequence of the secondary action.