1) The degradation was intentional and originated by man's action or inaction

2) The act is one of deliberation, wilfulness and negligence which includes acts of war

3) The site is one that is on land, sea or underground

4) The degradation need only cause "nuisance" to the environment and ecological system

5) This nuisance could be permanent or temporary but sufficient enough to cause its ecological sustainability to be diminished, impairing permanently the rights and equity of our future generations