Commentary on Sections Interpretation Section 87 - Meaning of “threat to human welfare”
330.This section defines what is meant by “threat to human welfare”. “Threat to human welfare” is a central concept within the Act: section 2(1) provides that the Authority must exercise its functions under the Act with a view to ensuring that disused tips do not threaten human welfare by reason of their instability. The concept arises throughout the Act, including in the provisions relating to the Authority’s duty to compile and maintain a register (section 6), the criteria for registration of a disused tip (section 7), the categorisation of disused tips in the register (section 24), the issuing of notices requiring owners of land to carry out operations (section 35) and the Authority’s power to carry out operations on land itself (section 44).
331.Examples of scenarios where a disused tip could pose a threat to human welfare are provided in paragraphs 24 - 27.