Hazardous Substances and New Organisms Act 1996

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13 General duty

  • (1) Every person who imports, possesses, or uses a hazardous substance or new organism shall ensure that—

    • (a) Any adverse effect caused by an act or omission of that person in relation to that substance or organism on any other person or the environment is avoided, remedied, or mitigated; and

    • (b) No action or omission by that person will contravene any requirement or control on that substance or organism imposed by this Act.

    (2) The duty imposed in accordance with subsection (1) of this section is not of itself enforceable against any person, and no person is liable to any other person for a breach of that duty.

    (3) Notwithstanding subsection (2) of this section, a compliance order may be served on any person requiring that person to cease or prohibiting that person from commencing anything done or to be done by or on behalf of that person that in the opinion of the enforcement officer relates to any hazardous substance or new organism and is or is likely to be dangerous to such an extent that it has or is likely to have an adverse effect on the health and safety of people or the environment.