South Australian Current Acts South Australian Current Acts (1) A person must take
all reasonable steps to prevent or minimise any harm to public health caused
by, or likely to be caused by, anything done or omitted to be done by the
person.
(2) In determining
what is reasonable for the purposes of subsection (1), regard must be
had, amongst other things, to the objects of this Act, and to—
(a) the
potential impact of a failure to comply with the duty; and
(b) any
environmental, social, economic or practicable implications; and
(c) any
degrees of risk that may be involved; and
(d) the
nature, extent and duration of any harm; and
(e) any
relevant policy under Part 5; and
(f) any
relevant code of practice under Part 8; and
(g) any
matter prescribed by the regulations.
(3) A person will be
taken not to be in breach of subsection (1) if the person is
acting—
(a) in a
manner or in circumstances that accord with generally accepted practices
taking into account community expectations and prevailing environmental,
social and economic practices and standards; or
(b) in
accordance with a policy or code of practice published by the Minister in
connection with the operation of this Part; or
(c) in
circumstances prescribed by the regulations.
(4) Subject to
subsections (5) and (6), a person who breaches subsection (1)
is not, on account of the breach alone, liable to any civil or criminal
action.
(5) If a person
breaches subsection (1), compliance with the subsection may be enforced
by the issuing of a notice under Part 12.
(6)
Subsection (4) does not limit or derogate from any other provision of
this Act.