首页 > 法律法规 > 正文>
斐济环境管理法
Environmental Management Act
【发布部门】斐济国会 【发文字号】
【发布日期】2005年03月11日 【实施日期】2005年03月17日
【时效性】现行有效 【效力级别】法律
【法规类别】斐济法规规划 【来源】联合国粮农组织网站

斐济环境管理法

【法律沿革】

本法于2005年3月17日制定。

【内容介绍】

本法分为七部分,共计63条以及两个附件,内容涉及自然资源保护,开发的控制和管理,废物管理,污染控制以及建立国家环境委员会等。

【内容出处】

http://www.fao.org/faolex/results/details/en/c/LEX-FAOC088449


《环境管理法》(Environment Management Act)

17th March 2005

 

PART 1 - PRELIMINARY

Shorttitle and commencement

1.(1)This Act may be cited as the Environment Management Act2005 and comes into force on a date appointed by the Minister by notice inthe Gazette.

(2)The Minister may appoint different dates for the coming into force of differentsections or Parts of this Act.

Interpretation

2.In this Act, unless the context otherwise requires-

"accredited"means accredited for the purposes of this Act in accordance with the prescribedprocedures;

"approvingauthority", in respect of a development proposal, means a Ministry,department, statutory authority, local authority or person authorised under awritten law to approve the proposal;

"carryingcapacity" means the optimum population of all forms of life that a habitator land area can support indefinitely;

"Chairperson"means the Chairperson of the National Council;

"ChiefEnvironmental Inspector" means the person mentioned under section 18;

"ChiefExecutive Officer" means the Chief Executive Officer of the Ministryresponsible for Environment;

"coastalzone" means the area within 30 metres inland from the high water mark andincludes areas from the high water mark up to the fringing reef or if there isno fringing reef within a reasonable distance from the high water mark;

"commercialor industrial facility" means-

(a)a person (including Government) who engages in-

(i)providing services; or

(ii)manufacturing, production, processing, transportation, storage and packaging,mining, quarrying, sand extraction, coral mining, tourism, commerce, thepreparation or processing of any agricultural produce or food or any otheractivity undertaken for financial gain,including any such services or activityconducted at or in residential premises;

(b)the place, land or premises on, at or from which the activities mentioned inparagraph (a) are carried on;

"debtfor nature swap" means any debt incurred by a facility on conservation ofnature initiatives, that includes compensation to land and resource owners forgiving away the right of use of a piece of land and the natural resources forconservation purposes;

"Department"means the Department responsible for Environment;

"developmentactivity or undertaking" means any activity or undertaking likely to alterthe physical nature of the land in any way, and includes the construction ofbuildings or works, the deposit of wastes or other material from outfalls,vessels or by other means, the removal of sand, coral, shells, naturalvegetation, sea grass or other substances, dredging, filling, land reclamation,mining or drilling for minerals, but does not include fishing;

"developmentproposal" means a proposal for a development activity or undertakingsubmitted to an approving authority for approval under any written law;

"Director"means the head of the Department;

"EIAAdministrator" means the Environment Impact Assessment Administratormentioned in section 12;

"emergencyaction" means actions that must be performed immediately, without time fornormal planning, design, or review, in order to protect against catastrophicloss of property or life, or serious harm to the environment;

"environment"means:

(a)air, land or water;

(b)all layers of the atmosphere;

(c)all organic or inorganic matter or living organisms; or

(d)the interacting natural or human system that include components referred to inparagraphs (a) to (c);

"environmentalaudit" means an audit conducted under section 22;

"environmentalimpact assessment" or "EIA" means the environment impactassessment of a development proposal approved in accordance with Part 4;

"environmentalimpact assessment process" or "EIA process" means theenvironment impact assessment process undertaken in accordance with Part 4;

 

"environmentalmanagement committee" means a committee established under section 16;

"environmentmanagement unit" means a unit established under section 15;

"EnvironmentalRegister" means the Environmental Register established under section 17;

"EnvironmentalTribunal" means the Environmental Tribunal established by section 56;

"facility"means a commercial or industrial facility;

"foreshore"means the shore of the sea, channels or creeks, that is alternately covered anduncovered by the sea at the highest or lowest tides;

"Fund"means the Environmental Trust Fund established by section 55;

"hazardoussubstance" means a substance which, due to its nature, condition andquantity is toxic and capable of posing an immediate or long term risk to humanhealth or the environment;

"hazardouswaste" means toxic, inflammable, corrosive, reactive, infective orexplosive waste, and includes waste which is potentially hazardous to humanhealth or the environment;

"improvementnotice" means a notice issued under section 21;

"inspector"means a person designated or declared as such under section 18;

"land"includes messuages, tenements or hereditaments, corporeal and incorporeal,buildings and other fixtures, paths, passageways, watercourses, easements,plantations, gardens, mines, minerals and quarries, the foreshore and seabed oranything resting on the seabed;

"landowner"means the registered proprietor of any land, or of any estate or interest in itor proprietor of any lease or sublease and includes the mataqali or otherdivision or subdivision of Fijians having a customary right to occupy and useany native lands;

 

"liquidwaste" means any discarded or abandoned material which maintains thephysical state of continuous volume relatively independent of pressure andwhich takes the shape of its container at ambient temperature;

"localauthority" means-

(a)for urban areas, the appropriate city or town council constituted under theLocal Government Act (Cap. 125); or

(b)for rural areas, Rural Local Authorities and the Central Board of Healthconstituted under the Public Health Act (Cap. 111);

"NationalChemical Management Plan" means a plan specifying an overview of existinglegal instruments and non-regulatory mechanism for managing chemicals,including their implementation and enforcement;

"NationalChemical Profile" means a document specifying a comprehensive overview andassessment of the existing national, legal, institutional, administrative andtechnical infrastructure related to the sound management of chemicals;

"NationalCouncil" or "Council" means the National Environment Councilestablished by section 7;

"NationalEnvironment Strategy" means the strategy of that name formulated undersection 24;

"NationalReport" means the National State of the Environment Report prepared undersection 23;

"NationalResource Management Plan" means the plan of that name formulated undersection 25;

"naturalresources" means the natural resources of the Fiji Islands set out in theNatural Resource Inventory, and "resources" has a correspondingmeaning;

"NaturalResource Inventory" means the inventory of that name established undersection 25;

"non-traditionaldevelopment activity" means development activity requiring the substantialuse of modern methods, including machinery and explosives, or materials,including plastics, electricity, petrochemicals, metals, concrete and milledtimber;

"non-traditionalstructures" means permanent or quasi-permanent dwellings, buildings,walls, or shore protective works produced from non-traditional developmentactivities;

"permit"means a permit issued under Part 5;

"packaging"means any product made of any material of any nature to be used for thecontainment, protection, handling, delivery and presentation of goods from rawmaterials to processed goods, from the producer to the user or the consumer andincludes non-returnable items used for packaging purposes;

"packagingwaste" means any packaging or packaging material discarded as waste;

"pollutant"means dredged spoil, solid or liquid waste, industrial, municipal oragricultural waste, incinerator residue, sewage, sewage sludge, garbage,chemical waste, hazardous waste, biological material, radioactive materials,wrecked or discarded equipment, oil or any oil residue and exhaust gases orother similar matter;

"pollutionincident" means the introduction, either directly or indirectly, of awaste or pollutant into the environment, which results in harm to livingresources and marine life, hazards to human health, hindrance to marine activitiesincluding fishing and other legitimate uses of the sea, impairment of qualityfor use of water, air or soil, reduction of amenities or the creation of anuisance;

"prohibitionnotice" means a notice issued under section 21;

"proponent"means a person or body that proposes to carry out a development activity orundertaking, or is the owner or person having charge, management or control ofthe development activity or undertaking, and, where a Ministry, department orstatutory authority proposes to carry out a development activity orundertaking, means that Ministry, department or authority;

"protectedand endangered species" has the meaning given to it in the Protected andEndangered Species Act 2002;

"protectingthe environment" means the establishment of measures to ensure theprotection of human health, safety, property, legitimate uses of theenvironment, species of flora and fauna, ecosystems, aesthetic properties andcultural resources, or preventing nuisance or risk of harm to any such value,on a sustainable basis;

"resourcemanagement unit" means a unit mentioned in section 13;

"ScheduledAct" means an Act listed in Schedule 1 and includes any subsidiarylegislation made under a Scheduled Act;

"scoping"means scoping of a development proposal under Part 4 to determine the scope ofthe EIA report in order to ensure that the report addresses all relevant issuesand concerns arising out of the proposal;

"significantenvironmental or resource management impact", in relation to a developmentproposal, means an impact on the environment, either in the context of thesetting of the proposed development or in the context of the intensity of theproposed development’s effect on the environment, and includes, but is notlimited to-

(a)the degree to which public health and safety are affected;

(b)the degree to which the unique characteristics of the geographic area areaffected;

(c)the degree to which effects on the environment are likely to involvecontroversy;

(d)the degree to which unique or unknown risks are taken;

(e)the degree to which a precedent for future action is created;

(f)the potential for cumulative environmental impacts;

(g)the degree to which the natural functioning of the ecosystem is likely to beinhibited;

(h)the degree to which a cultural, traditional, natural, scientific or historicresource may be threatened;

(i)the potential threat to the existence of protected and endangered species ortheir critical habitat;

(j)the degree to which fish and wildlife resources of ecological, commercial,subsistence, and recreational importance are jeopardised; or

(k)the extent to which one aspect of use of a resource may conflict or contrarywith another aspect of use of that resource;

"specialwaste" means white goods discarded as waste including waste from chemicalmetal processing and pharmaceutical or agrochemical wastes;

"sustainabledevelopment" means development that meets the needs of the presentgeneration without compromising the ability of future generations to meet theirown needs, and implies using resources to improve the quality of human lifewithin their carrying capacity;

"traditionalland-use activities" means the use of customary or traditional methods,practices and materials to enhance the occupation or use of land granted throughthe customary land tenure system, but does not include those activitiesrequiring the substantial use of machinery and explosives and other modernmethods or plastics, electricity, petrochemicals, metals, concrete, and milledtimber or other modern materials;

"traditionalor customary structure" means any dwelling or other building constructedwith traditional materials or a combination of traditional and modern materialsor the use of traditional or customary methods or a combination of traditionalor customary methods and modern methods, but does not include-

(a)any permanent dwelling, building, sea wall or shore protection works producedby modern methods or from modern materials; or

 

(b)a structure built on a significantly larger scale than those builthistorically;

"vessel"means a vessel of any type whatsoever operating in the marine environment andincludes a hydrofoil, an air-cushion vehicle, a submersible, a floating craft,a hovercraft or a fixed or floating platform or a waterborne craft or any typewhatsoever, whether self-propelled or not;

"waste"includes litter, garbage, refuse, excavated and dredged spoil, and otherdiscarded materials including any derelict motor vehicles or parts, wastematerials from residential, commercial or industrial facility and fromcommunity activities (excluding religious offerings), solid or dissolvedmaterial in domestic sewage or other substances in water sources, such as silt,dissolved or suspended solids in industrial wastewater effluent, dissolvedmaterials in irrigation return flows or other common water pollutants;

"whitegoods" means discarded or obsolete refrigerators, washing machines,dryers, ranges, water heaters, freezers, stoves or any other similar appliancesused for domestic, private, industrial or commercial purposes;

"WPCAdministrator" means the Waste and Pollution Control Administratormentioned in section 14.

Applicationand purposes

3. (1)Without prejudice to section 5 of the Penal Code, this Act extends to theexclusive economic zone within the meaning of the Marine Spaces Act.

(2)The purposes of this Act are-

(a)to apply the principles of sustainable use and development of naturalresources; and

(b)to identify matters of national importance for the Fiji Islands as set out insubsection (3).

(3)A person required to perform any function under this Act relating to the useand utilization of natural and physical resources must recognize and haveregard to the following matters of national importance:

(a)the preservation of the coastal environment, margins of wetlands, lakes andrivers;

(b)the protection of outstanding natural landscapes and natural features;

(c)the protection of areas of significant indigenous vegetation and significanthabitat of indigenous fauna;

(d)the relationship of indigenous Fijians with their ancestral lands, waters,sites, sacred areas and other treasures; or

(e)the protection of human life and health.

(4)A person performing a function under this Act relating to the use of naturalresources must have regard to the following:

(a)the traditional owners or guardians of resources;

(b)the maintenance and enhancement of amenity values;

(c)the intrinsic values of ecosystems;

(d)the maintenance and enhancement of the heritage values of building and sites;

(e)the maintenance and enhancement of the quality of the environment;

(f)the finite characteristic of natural and physical resources.

Actbinds Government

4.This Act binds the Government.

Non-derogation

5.This Act is in addition to and does not derogate from any other written law.

Contractingout

6. (1)This Act applies notwithstanding anything to the contrary contained in anycontract or agreement.

(2)A contract or agreement that purports to exclude or limit the application ofthis Act or to exclude or limit the rights or entitlements of a person underthis Act is, to that extent, void.

(3)A person who offers an inducement to another person to enter into a contract oragreement whereby that other person would, but for this section, consent oragree to the application of this Act being excluded or limited in respect ofthat other person, or to waive or limit that other persons rights, benefits orentitlements under this Act, commits an offence and is liable upon convictionto a fine not exceeding $5,000 or to a term of imprisonment not exceeding 12months or both.

 

PART 2: ADMINISTRATION

 

NationalEnvironment Council

7. (1)This section establishes the National Environment Council comprising of:

(a)the Chief Executive Officer, as Chairperson;

(b)the Chief Executive Officers for the Ministries responsible for land, mineralresources, agriculture, fisheries or forests;

(c)the Chief Executive Officer for the Ministry responsible for Fijian Affairs;

(d)the General Manager of the Native Land Trust Board;

(e)the Chief Executive Officer of the Ministry responsible for Health;

(f)the Chief Executive Officer of the Ministry responsible for Tourism;

(g)the President of the Local Government Association;

(h)a member to represent the interests of non-governmental organisations;

(i)2 members, one to represent the interests of the general business community andone to represent the manufacturing industries; and

(j)a member to represent the interests of the academic community.

(2)The Director shall act as the Secretary of the National Council.

(3)The Minister has the power to appoint persons mentioned in paragraphs (h), (i)and (j) of subsection (1) and such persons must not be public officers.

(4)In the absence of the Chairperson, the Chairperson may, in writing, designate aChief Executive Officer of a Ministry who is a member to act as Chairperson.

Functionsof the Council

8.(1) The functions of the Council are-

(a)to approve the National Report;

(b)to approve the National Environment Strategy;

(c)to monitor and oversee the implementation of the National Environment Strategy;

(d)to facilitate a forum for discussion of environmental issues;

(e)to make resolutions on public and private sector efforts on environmentalissues;

(f)to ensure that commitments made at regional and international fora onenvironment and development are implemented;

(g)to advise the Government on international and regional treaties, conventionsand agreements relating to the environment; and

(h)to perform any other functions conferred under this Act or any other writtenlaw.

(2)The National Council may appoint any technical committee necessary to advise iton matters affecting environmental protection and resource management.

(3)The Council may appoint a committee for coastal zone management to prepare acoastal zone management plan.

(4)The Council shall establish a Resource Owners Committee to advise the Councilon any environment matter affecting their resources.

Termof office and remuneration

9. (1)A member of the National Council appointed under section 7(3) may be appointedfor a period, not exceeding 2 years, specified in the instrument ofappointment, and is eligible for re-appointment.

(2)A member of the Council or of an advisory committee, other than a publicofficer, is entitled to sitting allowances and other expenses to be fixed bythe Minister after consulting the Higher Salaries Commission.

Meetingsof the Council

10.(1) The National Council must meet at least 4 times a year.

(2)The Chairperson presides at all meetings of the Council, and if the Chairpersonis absent for any reason, the acting Chairperson must preside at that meeting.

(3)At a meeting of the Council-

(a)the Chairperson and two-thirds of the other members constitute a quorum;

(b)questions arising must be determined by a majority vote of the members present;and

(c)the Chairperson or the person presiding at a meeting has an ordinary vote and acasting vote.

(4)Subject to this Act, the Council may regulate its own procedures.

(5)The Council must keep proper records of its proceedings.

(6)The Council must prepare an annual report of its operations.

(7)The Minister must cause the annual report of the Council to be laid before eachHouse of Parliament as soon as practicable after receiving it.

Functions,duties and powers of the Department

11.(1) In carrying out its functions, the Council may require the Department tocarry out the following-

(a)to coordinate the formulation and review of National Report;

(b)to coordinate the formulation, review and implementation of the NationalEnvironment Strategy (including national environmental and resource managementpolicies);

(c)to implement and carry out the EIA process;

(d)to design and implement policies and programmes on pollution and wastemanagement, abatement and reduction;

(e)to formulate, monitor and enforce environmental standards;

(f)to co-ordinate conservation and management of natural resources;

(g)to facilitate the establishment of environmental units in Ministries, departments,statutory authorities, local authorities or facilities;

(h)to establish and maintain a register of accredited persons;

(i)to provide technical advice on pollution control and abatement methods;

(j)to implement treaties and conventions on environmental and resource managementto which Fiji is a party;

(k)to formulate and review a National Resource Management Plan and the NaturalResources Inventory.

(2)For the purposes of subsection (1), the Council may further require theDepartment to carry out the following duties-

(a)to evaluate environmental and resource management implications of majoreconomic and sectoral policies; and

(b)to review environmental and resource data and environmental audit reports.

(3)For the purposes of carrying out the functions of the Council, the Departmenthas the following powers-

(a)to undertake periodic inspections of any Ministry, department, statutoryauthority, local authority or facility relating to environmental or resourcemanagement;

(b)subject to the powers of the Director of Public Prosecutions, to institute andconduct legal proceedings under this Act in a magistrates' court; and

(c)to appoint lay persons to prosecute offences under this Act or a Schedule Actin a magistrates' court.

Environmentalimpact assessment unit

12.(1) The Department must have a unit responsible for environmental impactassessment consisting of the following public officers-

(a)an Environmental Impact Assessment Administrator; and

(b)other public officers.

(2)If, for any reason the EIA Administrator or person acting in that capacity,cannot perform any powers and functions under this Act or any other writtenlaw, the Director may perform those powers and functions.

(3)The unit must examine and process every development proposal which-

(a)is referred to the EIA Administrator by an approving authority;

(b)may come to the attention of the unit that may have a significant environmentalor resource management impact; or

(c)causes, or in the opinion of the Minister, is likely to cause, public concern.

Resourcemanagement unit

13.(1) The Department must have a unit responsible for resource management.

(2)The functions of the unit are:

(a)to formulate and review the Natural Resource Inventory after consulting anyinterested person (including resource owners);

(b)to formulate, implement, monitor and review the National Resource ManagementPlan in the prescribed manner;

(c)to co-ordinate natural resource management activities;

(d)to maintain a natural resource information database; and

(e)to advise the person or body authorised under a written law to issue permitsand approvals for resource use activities within the National ResourceManagement Plan.

(3)The responsibilities of the unit are-

(a)to establish and maintain a coastal sensitivity atlas for disaster responseplanning and management;

(b)to undertake periodic inspections of suspected resource managementirregularities;

(c)to provide education and awareness on resource management issues; and

(d)to liaise with the public, business community, and non-governmentalorganisations in relation to resource management issues.

(4)The unit may carry out surveys and inspections, and collate geographic andnatural resource information for the purpose of establishing the NaturalResource Inventory;

Wastemanagement and pollution control unit

14.(1) The Department must have a unit responsible for the waste management andpollution control consisting of the following public officers-

(a)Waste and Pollution Control Administrator; and

(b)other public officers.

(2)If, for any reason, the WPC Administrator or person acting in that capacitycannot perform any powers and functions in this Act or any other written law,the Director may perform those powers and functions.

(3)The functions of the unit are-

(a)to administer Part 5;

(b)to formulate, implement, monitor the National Solid Waste Management Strategy;

(c)to develop criteria and guidelines for landfill sites and dumps;

(d)to develop standards for the management of sanitary landfill;

(e)to formulate, implement and monitor strategies for minimization of packagingwastes, special wastes, liquid wastes and any other types of wastes; and

(f)to establish the National Chemical Management Plan based on the NationalChemical Profile.

Environmentalmanagement units

15.(1) The chief executive officer of a Ministry, department, statutory authorityor local authority may, if required by the Department, establish a unitresponsible for environmental management.

(2)A unit established under subsection (1) must consist of employees who caneffectively undertake-

(a)for a Ministry and department, processing of environmental impact assessments;

(b)formulation and implementation of environmental and resource managementpolicies and implementation programmes;

(c)surveys, inspections and collation of geographic and natural resourceinformation for the purpose of the Natural Resource Inventory;

(d)education and awareness; and

(e)any other duties, functions and responsibilities prescribed by the regulations.

(3)Without prejudice to subsection (1), an environmental management unit in anapproving authority is responsible for-

(a)scoping a development proposal if it is to be processed by the authority;

(b)assisting the EIA Administrator in scoping a development proposal if it is tobe processed by the EIA Administrator;

(c)reviewing or assisting in reviewing a completed EIA report on the proposal andmaking comments and recommendations on any management plan, enhancement plan orprotection plan in the report;

(d)monitoring and, if necessary, enforcing any environmental or resourcemanagement conditions of an approved EIA report; and

(e)processing any development proposal at the request of the EIA Administrator.

Environmentalmanagement committees

16.(1) A facility must, if required by the Department, establish a committeeresponsible for environmental management.

(2)The functions of an environmental management committee are:

(a)to facilitate co-operation between the employer and the employees in relationto environmental management at the facility;

(b)to investigate and report on any matter at the facility-

(i)which a member of the committee or a person at the facility considers is, ormay constitute, a threat to the environment;

(ii)which has been brought to the attention of the employer as a threat to theenvironment;

(c)to undertake education and awareness programme of environmental matters at thefacility; and

(d)to perform any other functions prescribed by the regulations.

(3)A committee must be comprised of both members of the management and employees.

(4)The employer in respect of a facility that fails to establish a committee underthis section commits an offence and is liable on conviction to a fine not exceeding$5,000 or to a term of imprisonment not exceeding 12 months or both.

EnvironmentalRegister

17.(1) The Department must establish and maintain an Environmental Register forthe purposes of this Act into which prescribed matters must be recorded.

(2)A person is entitled to have access to any record or document in theEnvironmental Register.

Appointmentof inspectors

18.(1)The Department must have the following public officers for the purposes of thisAct, a Chief Environmental Inspector and other inspectors.

(2)The Chief Executive Officer may appoint any other person or class of persons,other than a public officer, to be inspectors for the purposes of this Act, andsuch appointment must be notified in the Gazette.

(3)An inspector must carry an identification card while on inspection.

(4)A person who forges or counterfeits an identification card under subsection (3)or uses any forged, counterfeit or false identification card or impersonatesthe inspector named in an identification card commits an offence and is liableon conviction to a fine not exceeding $5,000 or to a term of imprisonment notexceeding 12 months or both.

Powers of inspectors

19.(1) An inspector has the following powers-

(a)to conduct any examination or inquiry, including the examination of any plant,substance or thing, to ascertain whether there has been compliance with orbreach of this Act or any Scheduled Act;

(b)to take or remove samples of any matter, substance or thing required foranalysis in accordance with the prescribed procedures;

(c)to take possession of any machinery, equipment, plant or other thing forfurther examination or testing or for use as evidence;

(d)to take pictures, photographs or measurements or make sketches or recordings inany form;

(e)to examine any document, in any form, and to make and take copies of suchdocument;

(f)to order that the operation of whole or part of a Ministry, department,statutory authority, local authority or facility be stopped for the purposes ofinspection;

(g)to interview any person for the purpose of inspection; and

(h)to exercise any other powers conferred under this Act or any other written law.

(2)At the conclusion of an inspection, the inspector must-

(a)prepare a report on the inspection; and

(b)provide a copy of the report to the Ministry, department, statutory authority,local authority or facility.

(3)In exercising the powers under this Act, an inspector may be accompanied by apolice officer, technical specialist or any other person for the purposes ofinspection.

(4)If an inspector takes possession of a matter, substance, plant machinery orother item or things from a Ministry, department, statutory authority, localauthority or facility, the Ministry, department, statutory authority, localauthority or facility may request the Director to make a decision for thereturn of the matter, substance, plant machinery or other item or things.

(5)Any document or information collected for the purposes of inspection must notbe disclosed unless the document or information is disclosed-

(a)for official purposes;

(b)with the consent of the person who provided the document or information or towhom the information relates;

(c)in a court or tribunal; or

(d)in the public interest.

(6)An inspector or any person assisting an inspector under subsection (3) is notpersonally liable for any act done in good faith in the exercise of any powerunder this section.

(7)A person who contravenes subsection (5) commits an offence and is liable onconviction to a fine not exceeding $2,000 or to a term of imprisonment notexceeding 6 months or both.

(8)A person who knowingly or deliberately, conceals the location or existence ofany matter, substance or plant machinery from an inspector commits an offenceand is liable on conviction to a fine not exceeding $5,000 or to a term ofimprisonment not exceeding 12 months or both.

Powersof inspectors to enter and inspect

20.(1)For the purpose of this Act, an inspector may, at any reasonable time-

(a)enter and inspect any facility in respect of which a permit or approval hasbeen issued under this Act to determine whether any activity or undertaking isbeing carried out in contravention of the permit or approval or a condition ofthe permit or approval;

(b)enter and inspect any facility where the inspector has reasonable grounds tobelieve waste or pollutants can be found;

(c)enter and inspect any facility or place where the inspector has reasonablegrounds to believe documents or information pertaining to an offence under thisAct can be found;

(d)if the inspector has reasonable grounds to believe that a vessel or aircraft iscontravening or has contravened this Act, stop and inspect the aircraft orvessel;

(e)require the production of any document or information required to be kept underthis Act and any other document or information related to the purpose for whichthe inspector is exercising a power under this Act.

(2)An inspector may not enter a residential premises except-

(a)with the consent of the owner or person in possession of the premises; or

(b)pursuant to a warrant issued under subsection (3).

(3)If a magistrate is satisfied on affidavit evidence by an inspector that-

(a)it is necessary to enter a residential premises for the purposes of this Act;and

(b)the consent of the owner has not been or cannot be obtained;the magistrate mayissue a warrant authorising the inspector to enter and remain on theresidential premises for the purposes of this Act.

(4)An inspector may seize anything found on the residential premises that may beused as evidence of the commission of an offence under this Act.

(5)An inspector who seizes anything from a person under subsection (4) must-

(a)inform the person of the reason for the seizure;

(b)give the person a receipt for the thing that has been seized; and

(c)remove the item to a place of safekeeping and deal with it as if it were seizedpursuant to a warrant under subsection (3).

(6)It is a condition of every approval or permit issued under this Act that theholder must permit inspectors to carry out inspections required or authorisedby this Act of any facility or place, other than residential premises, to whichthe approval or permit relates.

(7)An employee of a Ministry, department, statutory authority or local authorityor the owner, occupier or employer of a facility in respect of which aninspector is exercising powers under this Act, must-

(a)give the inspector any assistance to enable the inspector to exercise powersand functions under this Act; and

(b)provide any document or information required by the inspector for the purposeof this Act.

Improvementand prohibition notices

21.(1) If an inspector has reason to believe that a Ministry, department,statutory authority, local authority or facility is contravening or hascontravened this Act or a Scheduled Act, the inspector may issue an improvementnotice, in the prescribed form, to the Ministry, department, statutoryauthority, local authority or facility.

(2)If the Director has reason to believe that an immediate threat or risk to theenvironment is occurring or may occur in any activity or undertaking of aMinistry, department, statutory authority, local authority or facility, theDirector may issue a prohibition notice, in the prescribed form, to stopoperation of the activity or undertaking.

(3)The Director may cause the prohibition notice to be posted on the place orpremises of and served on the Ministry, department, statutory authority, localauthority or facility.

(4)A person who fails to comply with an improvement notice or a prohibition noticecommits an offence.

(5)A person who removes, obliterates or interferes with a notice posted undersubsection (3) commits an offence.

(6)A person who is aggrieved by a prohibition notice may, within 21 days after thenotice is issued, appeal to the Tribunal.

Environmentalaudits

22.(1) A Ministry, department, statutory authority or local authority responsiblefor the management of any natural resource must, in the prescribed manner,implement a system of natural resource accounting designed to quantify infinancial terms-

(a)the resource capital administered by it;

(b)any expenditure incurred during the audit period in relation to exploitation,extraction or use of the resource; and

(c)any resource loss that has resulted during the audit period.

(2)An environmental auditor must, within the prescribed period, undertakesustainable development assurance audits of a Ministry, department, statutoryauthority and local authority that are required to implement a system ofnatural resource accounting under subsection (1).

(3)The environmental auditor in undertaking a sustainable development assuranceaudit must-

(a)verify that the natural resource accounts of the Ministry, department,statutory authority and local authority have been properly kept;

(b)verify the evaluation of resource capital administered by the Ministry,department, statutory authority or local authority;

(c)verify any expenditure that has been incurred during the audit period;

(d)verify any resource loss that has resulted during the audit period;

(e)determine whether the economic expenditure on resource use has been justifiedin terms of the net resource loss;

(f)determine whether the exploitation or use of living, renewable andnon-renewable resources is within the carrying capacity of the resources; and

(g)provide an evaluation as to whether the Ministry, department, statutoryauthority or local authority has properly disbursed its annual budget inaccordance with the Governments sustainable development policies.

(4)The environmental auditor must prepare and transmit to the Minister within 8months after the completion of any sustainable development assurance audit, areport upon the examination and audit.

(5)The Minister must cause the report under subsection (4) to be laid before bothHouses of Parliament as soon as practicable after receiving the report.

(6)A sustainable development assurance audit must be undertaken by an accreditedenvironmental auditor appointed by the Minister.

(7)The Auditor General shall carry out sustainable development assurance auditsrequired by this section for Ministries and departments.

 

 

PART 3 - ENVIRONMENTREPORTS AND PLANS

NationalState of the Environment Report

23.(1)The National State of the Environment Report, must be published at least every5 years.

(2)A Ministry, department and statutory authority must provide any technicalassistance and information required by the Department in the formulation andreview of the National Report.

(3)The National Report must be formulated, prepared and reviewed in accordancewith the prescribed procedures and must contain the prescribed matters.

(4)After consideration of any submissions, the Department must develop a draft ofthe proposed National Report and circulate it for public review.

(5)The National Report must be submitted to the Minister for tabling before eachHouse of Parliament.

NationalEnvironment Strategy

24.(1)The National Environment Strategy must be formulated within 12 months after theapproval of the National Report.

(2)The National Environment Strategy must contain the prescribed matters.

NaturalResource Inventory and the National Resource Management Plan

25.(1)The Natural Resource Inventory and the National Resource Management Plan must-

(a)for the Natural Resource Inventory, be formulated or reviewed before theNational Report is formulated or reviewed;

(b)for the National Resource Management Plan, be formulated or reviewed soon afterthe approval of the Natural Resource Inventory; and

(c)be approved by the National Council.

(2)The Natural Resource Inventory and the National Resource Management Plan mustbe formulated and reviewed in the prescribed manner.

(3)The Natural Resource Inventory and the National Resource Management Plan mustcontain the prescribed information.

Rightto access reports or plans

26.A person has the right to access any report or plan prepared under this Part.

 

PART 4 - ENVIRONMENTALIMPACT ASSESSMENT

 

Dutiesof approving authorities

27.(1)An approving authority must-

(a)examine every development proposal received by it; and

(b)determine whether the activity or undertaking in the development proposal islikely to cause significant environmental or resource management impact.

(2)In examining a development proposal, the approving authority must take intoaccount-

(a)the nature and scope of the activity or undertaking in the proposed development;

(b)the significance of any environmental or resource management impact;

(c)whether there exist any technically or economically feasible measures thatwould prevent or mitigate any adverse environmental or resource managementimpact; or

(d)any public concern relating to the activity or undertaking.

(3)Any determination under subsection (1) must be submitted as soon as practicableto the EIA Administrator.

(4)If the approving authority determines that the activity or undertaking willcause a significant environmental or resource management impact, thedevelopment proposal must be subject to the EIA process and the approvingauthority must-

(a)for a proposal set out in Part 1 of Schedule 2, send it to the Department forprocessing by the EIA Administrator;

(b)for a proposal set out in Part 2 of Schedule 2, process the proposal; or

(c)for a proposal set out in Part 3 of Schedule 2, send it to the EIAAdministrator to determine whether an EIA is required.

(5)If a development proposal is subject to the EIA process, the approvingauthority must not approve the proposal or exercise any power, duty, functionor responsibility that will permit the activity or undertaking to be carriedout unless the EIA report has been approved.

(6)A Ministry, department, statutory authority or local authority that makes itsown proposal for development activity or undertaking must refer the proposal tothe EIA Administrator for processing under this Part.

(7)An approving authority must send a copy of the assessed EIA report to the EIAAdministrator as soon as it has reviewed the report, with the results of thereview.

(8)If the EIA Administrator has reason to believe that there is a public concernrelating to the development proposal, the EIA Administrator may require theapproving authority to submit the EIA report for consideration to take intoaccount the public concern.

Environmentalimpact assessment process

28.(1)The environmental impact assessment process for a development proposal must beundertaken as follows-

(a)screening in accordance with this Part;

(b)scoping in accordance with this Part;

(c)preparation of an assessment EIA report under this Part;

(d)reviewing the report under this Part;

(e)decision on the report under this Part; and

(f)in accordance with any other prescribed procedures.

(2)Scoping of a development proposal must be done within 30 days from the date theproposal is received by the EIA Administrator or the approving authority.

(3)Any terms of reference for the EIA study may, in accordance with the prescribedprocedures, be prepared by the EIA Administrator, approving authority or aconsultant.

(4)The EIA report must be prepared by an accredited consultant at the proponentscost.

(5)If an approving authority is involved in the preparation of an EIA report, thereview and approval of EIA must be undertaken by the EIA Administrator or aconsultant.

Contentsof EIA reports

29.(1) An EIA report must be prepared in accordance with the terms of referenceproduced under section 28(3).

(2)The contents of an EIA report must include matters required by the terms ofreference, mitigation measures and any other prescribed matter.

ReviewingEIA reports

30.(1) An EIA report must be reviewed-

(a)by a review committee appointed by the EIA Administrator or the approvingauthority; or

(b)independently by a consultant appointed by the EIA Administrator.

(2)When an EIA report is reviewed, the proponent may be required to invite publiccomments on the report at the proponents cost, in the manner prescribed byregulations.

(3)A member of the public may inspect and view an EIA report within 21 days afterit is submitted to the EIA Administrator or the approving authority.

(4)A decision on an EIA report must be made within 14 days after the period insubsection (3) expires.

(5)The EIA Administrator or the approving authority may, for the purposes ofreviewing an EIA report-

(a)request any Ministry, department, statutory authority, local authority,proponent or other person to submit comments in writing on the report;

(b)request copies of any other report, study or document mentioned in the EIAreport for the purposes of review;

(c)set up a technical advisory committee to provide advice on any matter containedin an EIA report;

(d)require a proponent to carry out any further study or to submit additionaldocument or information for the purpose of ensuring that the report isaccurate.

Approvalof EIA reports

31.(1)After reviewing an EIA report, the EIA Administrator or the approving authoritymay-

(a)approve the report with or without conditions;

(b)recommend any additional study on the report; or

(c)not approve the report.

(2)If an EIA report is approved under subsection (1), the approval may be subjectto the requirement of an environmental cash bond to be deposited into the Fundas a security to cover the probable cost of preventing or mitigating anyenvironmental damage to the area and its surroundings.

(3)If the EIA Administrator or the approving authority reviews an EIA report, theEIA Administrator or the approving authority must within 7 days from the dateof the decision on the report notify the proponent of the decision.

(4)A person who disagrees with a decision of the EIA Administrator or approvingauthority under subsection (1) may, within 21 days from the date of thedecision, appeal to the Environmental Tribunal.

(5)An approved EIA is only valid for the specific activity or undertaking in thedevelopment proposal for which it was approved, and the approved EIA must notbe transferred or used for any other purpose other than the purpose for whichit was approved.

Environmentalmanagement and monitoring

32.(1)A proponent must prepare and implement any environmental or resource managementplan, monitoring programme, protection plan or mitigation measure that isrequired as a condition of any approved EIA.

(2)The EIA Administrator or an approving authority, may conduct any inspection todetermine compliance with subsection (1).

Developmentproposals that are subject to an EIA

33.(1)The EIA Administrator has the power to process the development proposal set outin Part 1 of Schedule 2.

(2)An approving authority has the power to process the development proposal setout in Part 2 of Schedule 2.

(3)A development proposal set out in Part 3 of Schedule 2 does not require any EIAsubject to section 27(4)(c).

Publichearings

34.(1)When the preparation of an EIA assessment is completed, a public hearing mustbe conducted by the proponent within the vicinity of the area of the proposed development.

(2)Where the Government is the proponent, the Ministry responsible for thedevelopment must establish a committee to be responsible for undertakingconsultations with all interested parties.

 

PART 5 - WASTEMANAGEMENT AND POLLUTION CONTROL

 

Permitsto discharge waste or pollutants

35.(1)A facility must not-

(a)discharge any waste or pollutant into the environment;

(b)handle, store, process, or control any hazardous substance;

(c)produce or generate any waste, pollutant or hazardous substance; or

(d)engage in any activity that may have an adverse impact on human health or theenvironment,unless the facility is issued with a permit under this Part.

(2) Notwithstanding section 5, if a provision ofany written law is inconsistent with the provision of this Part, the provisionof this Part prevails.

Power to issue permits

36.(1) The WPC Administrator may-

(a)upon application and accompanied by the prescribed fee, grant with conditionsor refuse to grant a permit under this Part; or

(b)vary or suspend a permit or conditions of a permit.

(2)A permit issued under this Part may be issued for period of up to 3 yearssubject to annual inspections carried out by virtue of this Act.

Facilitieswithout permits

37.(1)Where a facility not issued with a permit under this Part, causes damage to theenvironment through discharge of waste or pollutant from the facility, activityor undertaking, the facility is liable for inspections or remedial actionsunder this Part.

(2)If the WPC Administrator has reason to believe that a facility is operatingwithout a permit, the Administrator may issue a notice to the facilityrequiring it to apply for and obtain a permit.

(3)A facility that fails to comply with the notice issued under subsection (2)commits an offence after the period specified in the notice expires, and isliable on conviction to a fine not exceeding $100,000.

Powerto inspect and issue notices

38.(1)If the WPC Administrator has reason to believe that a permit or a condition ofthe permit has been breached, the Administrator may, with a warrant issued by amagistrate, enter and remain on the facility for the purposes of inspecting,assessing and determining the nature and extent of the breach.

(2)If after inspection under subsection (1) the WPC Administrator is satisfiedthat the permit or a condition of the permit has been breached, theAdministrator may-

(a)if the breach is a minor one, require the facility to remedy the breach withina reasonable period; or

(b)if the breach is a serious one, issue a fixed penalty notice and a remedialnotice setting out steps necessary to remedy the breach.

(3)The Minister may prescribe the penalties for a fixed penalty notice.

(4)If the penalties specified in the fixed penalty notice are paid in full, the facilityis indemnified from any further liability arising out of that particular breachexcept for any liability under the remedial notice.

(5)If the facility fails to carry out the remedial action to the satisfaction ofthe WPC Administrator, the Administrator may undertake the remedial action tobe paid for by the owner of the facility and any amount expended by theAdministrator is to be regarded as a debt recoverable in court.

(6)If, for any reason, the Administrator is unable to carry out remedial action,the Administrator may apply to the court for an order compelling the facilityto carry out the remedial action at its own cost.

Orderto stop work

39.(1)The WPC Administrator may-

(a)in the case of an emergency situation, issue to a facility an order to stopwork or operation for up to 72 hours; or

(b)if a breach determined under this Part warrants an order for stop work oroperation, apply to the court for an order to stop work or operation.

(2)For the purposes of subsection (1)(a), the WPC Administrator must as soon aspracticable obtain a court order to extend the period of the order.

(3)If an order to stop work or operation is issued-

(a)the permit (including conditions) is deemed to be suspended; and

(b)the facility must be issued with a remedial notice.

(4)A facility may apply to the court to remove the order to stop work oroperation, and the court may only grant the application if it is satisfiedthat-

(a)the emergency or breach has ceased;

(b)the facility has remedied the emergency or breach; or

(c)the WPC Administrator is satisfied that the emergency or breach has beenadequately controlled.

(5)If the court removes the order to stop work under subsection (4), the WPCAdministrator may, upon application, re-instate the permit deemed to have beensuspended under subsection (3)(a).

(6)In this section, "emergency situation" means any uncontrolled,unplanned or accidental release of waste or pollutant into the environment orany reasonable likelihood of release of waste or pollutant that may affect theenvironment, human life or health or the environment on which human healthdepends, and includes-

(a)soil contamination and devaluation of land;

(b)accidental spills of hazardous substances;

(c)contamination of nearby watercourse;

(d)contamination of aquifer (underground water) or drinking water when there areartesian wells in the affected area;

(e)introduction of toxic substances;

(f)any other incidents (including a failure, accidents, sabotage) that may causeenvironmental damage.

Environmentalemergency declaration

40.(1)Notwithstanding section 39, if the Minister considers that an emergency hasarisen in an area in relation to a pollution incident, the Minister may, withthe approval of the Cabinet, declare an environmental emergency in that area,by order in the Gazette.

(2)As soon as an emergency is declared under subsection (1), the Minister mustestablish an inter-agency emergency committee to co-ordinate the remedialemergency action under the direction and control of the Chief ExecutiveOfficer.

(3)The Minister may make regulations (the "Environment EmergencyRegulations") which-

(a)specify the conditions which apply to an emergency area declared under thissection;

(b)prescribe the signage to designate the area;

(c)prescribe the method of securing the area;

(d)prescribe the conditions for entry into the area and the activities which mayand may not be conducted in the area;

(e)regulate the use of the area for a specified period after the lifting ofemergency situation; and

(f)any other matter necessary for the purposes of such emergency.

(4)Environment Emergency Regulations may confer on the Chief Executive Officer orother public officer or persons authorised by the Chief Executive Officerpowers additional to those conferred by this Act, and in particular may-

(a)empower the Chief Executive Officer to requisition the use of any conveyance orequipment which the WPC Administrator considers would be of assistance inpreventing the pollution incident;

(b)empower the Chief Executive Officer or any officer to enter upon any land atany time in order to ascertain the cause of the pollution incident;

(c)prohibit or restrict the use of any facility to the extent specified;

(d)prohibit or restrict, subject to conditions, the movement of persons orconveyances.

(5)Environmental Emergency Regulations must specify an expiry period.

Appeal

41.If a facility disputes any remedial action required to be carried out underthis Part, the facility may appeal to the Tribunal.

 

PART 6 - OFFENCES ANDPENALTIES

 

Limitationperiod for offences

42.No proceedings for an offence under this Act may be commenced 3 years after-

(a)the date on which the offence was committed; or

(b)the date on which evidence of the offence first came to the attention of theDepartment,whichever is the later.

Offenceof undertaking unauthorised developments

43.(1)A person who carries out any development activity or undertaking which issubject to the EIA process without an approved EIA report, commits an offenceand is liable upon conviction to a fine not exceeding $750,000 or to a term ofimprisonment not exceeding 10 years or both.

(2)If a person is found to be undertaking a development activity under subsection(1), the Director may apply to the court for an order to stop work.

(3)A person who contravenes-

(a)any requirement under Part 4; or

(b)a condition for the approval of a development proposal or an approved EIAreport,commits an offence and is liable upon conviction to a fine not exceeding$250,000 or to a term of imprisonment not exceeding 3 years or both.

Otheroffences

44.(1)A person who-

(a)wilfully or deliberately, provides false or misleading information in amaterial particular if required under this Act;

(b)wilfully or deliberately, fails to submit any report or provide any document orinformation if required under this Act;

(c)wilfully or deliberately, submits any false or misleading report in respect ofany test or inspection required under this Act;

(d)for the purpose of procuring anything to be done or not to be done under thisAct, whether for his or her own benefit or for the benefit of any other person,wilfully or deliberately, makes a statement that is false in a materialparticular;

(e)hinders or obstructs any other person exercising or attempting to exercisepowers or carrying out duties under this Act or any Scheduled Act;

(f)fails to give all reasonable assistance to any other person exercising powersor carrying out duties, or attempting to do so, under this Act or any ScheduledAct;

(g)contravenes a term or condition of an approval or permit issued under this Act;or

(h)fails to comply with any notice, order, permit, requirement or conditionimposed under this Act,commits an offence and is liable on conviction to a finenot exceeding $10,000 or to a term of imprisonment not exceeding 2 years orboth.

(2)A person who obtains accreditation under this Act by making a false declarationcommits an offence and is liable on conviction to a fine not exceeding $2,000or to a term of imprisonment not exceeding 6 months or both.

(3)A person who falsely holds himself out as being accredited under this Actcommits an offence and is liable on conviction to a fine not exceeding $2,000or to a term of imprisonment not exceeding 6 months or both.

Pollutionoffences

45.(1)A person who, without lawful authority or reasonable excuse (the offender shallprove lawful authority or reasonable excuse), causes or contributes to thedischarge of a waste or pollutant from any vessel, aircraft or facility commitsan offence and is liable on conviction-

(a)for a first offence, to a fine not exceeding $250,000 and to a term ofimprisonment not exceeding 3 years or both;

(b)for a second or subsequent offence, to a fine not exceeding $750,000 and to aterm of imprisonment not exceeding 10 years or both.

(2)A person who, knowingly or intentionally or with reckless disregard to humanhealth, safety or the environment, causes a pollution incident that results inharm to human health or safety, or severe damage to the environment commits anoffence and is liable on conviction to a fine not exceeding $1,000,000 or tolife imprisonment or both.

(3)Where a body corporate is convicted under this section the maximum penalty is 5times the fine specified for that offence.

Generalpenalties

46.A person who commits an offence against this Act for which no penalty isprovided is liable on conviction to a fine not exceeding $5,000 or to a term ofimprisonment not exceeding 12 months or both.

Otherorders

47.(1)The court, when convicting a person for an offence under this Act and havingregard to the nature of the offence and the circumstances surrounding itscommission, may, in addition to any penalty imposed, make an order-

(a)prohibiting the person from doing any act or engaging in any activity orundertaking that may result in the continuation or repetition of the offence;

(b)ordering work to stop temporarily or permanently, on any activity orundertaking on a development proposal;

(c)ordering the restoration of the area on which any activity or undertaking on adevelopment proposal is taking place, to as near to its original condition withthe cost to be borne by the proponent;

(d)carrying out of improvement or remediation work on the area with the cost to beborne by the proponent;

(e)directing the person to pay into the Fund costs and other expenses associatedwith any inspection, audit or investigation undertaken in respect of theoffence;

(f)directing the person to pay into the Fund a refundable security for costs toensure compliance with an order made under this section;

(g)directing the seizure and forfeiture of any vessel, aircraft or thing used inthe commission of an offence; or

(h)requiring the person to comply with any other condition the court considersappropriate in the circumstances.

(2)If a person is convicted of an offence under this Act, the court may, whensentencing the offender and on the application by a person aggrieved, order theconvicted person to pay to the person aggrieved-

(a)compensation for loss or damage to property or income proved to have beensuffered by that person as a result of the commission of the offence; or

(b)the cost of any preventative or remedial action proved to have been reasonablytaken or caused to be taken by that person as a result of the act or omissionthat constituted the offence.

(3)An order under paragraph (a) or (b) of subsection (1) is enforceable as if itwere an injunction.

(4)An order under this section relating to payment of money is enforceable as ifit were a judgment debt and recoverable in a court.

(5)If a person fails to comply with a court order made under this section relatingto restoration, improvement or remedial action of an area, the Department mayundertake the restoration, improvement or remediation of the area, and the costshall become a debt recoverable in the court (including using the security forcosts deposited in the Fund).

Employeeprotection

48.(1)No employer may-

(a)dismiss or threaten to dismiss an employee;

(b)discipline or suspend an employee;

(c)impose a penalty on an employee; or

(d)intimidate or coerce an employee,only because the employee has reported acontravention of this Act.

(2)An employer who contravenes subsection (1) commits an offence and is liable onconviction to a fine not exceeding $5,000 or to a term of imprisonment notexceeding 12 months or both.

Defence

49.It is a defence to a proceedings involving the discharge or emission of a wasteor pollutant from a facility if the facility establishes that it took allreasonable measures to prevent the discharge or emission of the waste orpollutant.

Civilclaims and damages

50.(1)A person who has suffered loss which includes contracting health-relatedproblems as a result of any pollution incident may institute a civil claim fordamages in a court, which may include a claim for-

(a)economic loss resulting from the pollution incident or from activitiesundertaken to prevent, mitigate, manage, clean up or remedy any pollution incident;

(b)loss of earnings arising from damage to any natural resource;

(c)loss to or of any natural environment or resource;

(d)costs incurred in any inspection, audit or investigation undertaken todetermine the nature of any pollution incident or to investigate remediationoptions.

(2)A claim under this section may be set off against any compensation paid undersection 47(2).

Liabilityof corporations and directors

51.If a corporation commits an offence under this Act, a director, officer,employee or agent of the corporation who directed, authorised, assented to,acquiesced in or participated in the commission of the offence also commits theoffence, and is liable to the penalty prescribed for the offence, whether ornot the corporation has been prosecuted or convicted.

Priorityof penalty or damages in cases of bankruptcy

52.Notwithstanding any other written law, if a corporation commits an offenceunder this Act, penalties or damages awarded under this Act have priority overany secured or preferred claim lodged in any action for bankruptcy against thecorporation.

Evidence

53.(1)A report prepared and signed by an inspector or other person carrying out aninspection of a facility under this Act stating that-

(a)the condition of the facility or its equipment; or

(b)the environmental management or pollution prevention activity undertaken at thefacility,does not meet the requirements of this Act or the permits orconditions of permits issued under this Act, is evidence of the matters statedin the report.

(2)In a prosecution for an offence under this Act it is sufficient proof of theoffence against an offender to establish that the offence was committed by anemployee or agent of the offender, whether or not the employee or agent isidentified or prosecuted for the offence.

(3)A certificate of an accredited analyst stating that he or she has analysed orexamined a matter, substance or product and stating the result of the analysisor examination is evidence of the matters contained in the certificate and ofthe correctness of the result of the analysis or examination.

(4)Notwithstanding subsection (3), the party against whom a certificate of ananalyst is produced may, with the leave of the court, require the attendance ofthe analyst for the purposes of cross-examination.

(5)No certificate of an analyst is to be received in evidence unless the partyintending to produce it has given to the party against whom it is intended tobe produced reasonable notice of the intention together with a copy of thecertificate.

 

PART 7 - MISCELLANEOUS

Institutionof proceedings

54.(1)Any person may institute an action in a court to compel any Ministry,department or statutory authority to perform any duty imposed on it by this Actor a Scheduled Act.

(2)Where harm is caused by the emission of pollutant or waste from a vessel,aircraft, facility or thing and the owner cannot be located or is not known, acharge for an offence or a claim under this Act may be initially instituted inthe name of the vessel, aircraft, facility or thing until the owner isidentified.

EnvironmentalTrust Fund

55.(1)This section establishes an Environmental Trust Fund, into which shall be paid-

(a)money appropriated by Parliament;

(b)any environmental bond;

(c)any contribution or donation;

(d)fines of fixed penalties; or

(e)any other money required under this Act or any other written law to be paidinto the Fund.

(2)The Department is to administer the Fund for the following purposes-

(a)payment for debts for nature swaps;

(b)payment for necessary expenses incurred in the negotiation, monitoring(including the retention of technical experts), investigation or analysis ofany matter or the undertaking of any environmental monitoring or auditprogramme;

(c)payment for environmental rehabilitation work;

(d)payment for research programmes;

(e)if necessary, payment for refund of environmental bonds and security of costs;

(f)payment of rewards under this Act.

(3)The money standing to the credit of the Environmental Trust Fund may be paidout in accordance with the prescribed rules consistent with the requirements ofthe Financial Management Act 2004.

EnvironmentalTribunal

56.(1)This section establishes an Environmental Tribunal comprising of-

(a)a legal practitioner qualified for appointment as a judge, as Chairperson,appointed by the Judicial Service Commission; and

(b)2 other members, appointed by the Minister.

(2)The Tribunal may hear and determine any appeal referred to it under this Act orany other written law.

(3)The Tribunal may confirm or dismiss the appeal.

(4)In hearing an appeal, the Tribunal may state a case to the High Court for itsopinion.

(5)The Chairperson and members of the Tribunal are entitled to allowances fixed bythe Minister after consulting the Higher Salaries Commission.

(6)The Chief Justice may make rules and procedures of the Tribunal.

Exemptionfrom liability

57.Any person who, in good faith, performs any duty, function or responsibility orexercises any power or issues any notice or order or enforces a notice or orderunder this Act is not personally liable for such act.

Powerto give directions

58.The Minister may give specific or general policy directions to the Council.

Powerto delegate

59.The Council, Director or an Administrator may delegate his powers, functionsand duties under this Act subject to sections 31A to 31C of the InterpretationAct.

Rewards

60.A person who provides information or evidence under this Act upon which abreach of a permit or order or condition of permit or order or a breach by afacility not issued with a permit under this Act is successfully established orupon which a person is convicted for an offence under this Act is entitled tobe paid a reward determined by the National Council.

Regulations

61.(1) The Minister may make regulations to give effect to the provisions of thisAct, and in particular-

(a)to prescribe forms, fees and charges for the purposes of this Act;

(b)to provide for procedures relating to taking of samples under this Act;

(c)to regulate mediation and arbitration for the purposes of this Act;

(d)to prescribe other procedures and rules for the Tribunal;

(e)to prescribe minimum educational and professional requirements for anyinspector, analyst, environmental auditor or laboratory required to perform anyfunction under this Act;

(f)to regulate the accreditation of environmental consultants, auditors,mediators, remediation experts, analysts and laboratories;

(g)to regulate other matters relating to environmental audit;

(h)to prescribe procedures for environmental impact assessment in respect of anyparticular class of development proposal and procedures for the preparation of,or criteria for, approval of an EIA report;

(i)to prescribe the format or contents of any report or plan required under thisAct;

(j)to prescribe information to be contained in an order to stop work on anydevelopment activity or undertaking or an order to restore or improve an area;

(k)to amend Schedule 1 or Schedule 2.

(2)Any regulation made under this Act may prescribe penalties not exceeding$10,000 or for a term of imprisonment not exceeding 2 years or both for anoffence created under the regulation.

(3)The Minister may, after consulting the relevant Minister responsible for FijianAffairs, land, mineral resources, agriculture, fisheries, or forestry, makeregulations-

(a)to provide procedures for formulation, implementation and review of the NaturalResource Inventory and the National Resource Management Plan;

(b)to implement the National Resource Management Plan;

(c)to establish a system of approval or permit required for any natural resourcearea under the National Resource Management Plan;

(d)to establish enforcement mechanisms;

(e)to establish guidelines, standards and procedures for the conservation,protection or rehabilitation of any land, river or marine area.

Guidelines

62.The Director, with the approval of the Minister, may issue written guidelinessetting out-

(a)criteria to be followed by the EIA Administrator or approving authorities inapproving EIA reports;

(b)procedures for processing development proposals in respect of environmentalimpact assessment, by approving authorities;

(c)procedures for undertaking the monitoring of compliance with any conditions ofan approval under Part 4;

(d)any other purpose required to give effect to Part 4.

Transitionaland savings

63.(1)For the purposes of section 6, this Act applies to any contract entered intobefore the commencement of this Act, to the extent that the contract isinconsistent with the requirements under this Act.

(2)The first National Report must be formulated and approved within 12 months ofcoming into force of this Act, and any other report or plan required for thepurpose of this Act must be prepared as soon as practicable after the cominginto force of this Act.

(3)For the purposes of Part 4, a proposed development that has been approved by anapproving authority but the work on the proposal has yet to start, the proposalmust be subject to the EIA process under Part 4.

(4)For the purposes of Part 5, an existing facility that is discharging any wasteor pollutant must apply for a permit required under Part 5 within 12 months ofthe coming into force of this Act.

(5)Notwithstanding subsection (4), an existing facility that contravenes therequirement of this Act when this Act comes into force is subject to anyenforcement provisions under this Act.

 

 

SCHEDULE 1

(Section 2)

ENVIRONMENT AND RESOURCE MANAGEMENT ACTS

1. Factories Act (Cap. 99)

2. Fisheries Act (Cap. 158)

3. Forest Decree 1992

4. Ionizing Radiations Act (Cap. 102)

5. Litter Decree

6. Marine Spaces Act (Cap. 158A)

7. Mining Act (Cap. 18)

8. Ozone Depleting Substances Act 1998

9. Petroleum Act (Cap. 190)

10. Public Health Act (Cap. 111)

11. Rivers and Streams Act (Cap. 136)

12. Quarries Act (Cap. 147)

13. Sewerage Act (Cap. 128)

14. Town Planning Act (Cap. 139)

15. Water Supply Act (Cap. 144)

 

 

_______

 

 

SCHEDULE 2

(Section 27)

DEVELOPMENT PROPOSALS

 

PART 1 - APPROVED BY EIAADMINISTRATOR

1.The following development proposals are to be approved by the EIAAdministrator-

(a)a proposal that could result in erosion of any coast, coastline, beach orforeshore;

(b)a proposal that could result in the pollution of any marine waters, groundwater, freshwater body or other water resource;

(c)a proposal that could result in the contamination or degradation of anyagricultural area or land important for agriculture;

(d)a proposal for construction of an airport;

(e)a proposal for construction of a hotel or tourist resort;

(f)a proposal for mining, reclaiming of minerals or reprocessing of tailings;

(g)a proposal for construction of a dam, artificial lake, hydro-electric scheme orirrigation project;

(h)a proposal for heavy industrial development or noxious industrial development;

(i)a proposal for commercial logging or for a saw milling operation;

(j)a proposal that could alter tidal action, wave action, currents or othernatural processes of the sea, including but not limited to reclamation of thesea, mangrove areas, foreshore, rivers or creeks, or construction of a jetty,dock, wharf, pier or bridge;

(k)a proposal that would introduce pollutants or properties to the air that aredisagreeable or potentially harmful to people and wildlife;

(l)a proposal that could jeopardize the continued existence of any protected,rare, threatened or endangered species or its critical habitat or nestinggrounds;

(m)a proposal that could deplete populations of migratory species including, butnot limited to, birds, sea turtles, fish, marine mammals;

(n)a proposal that could harm or destroy designated or proposed protected areasincluding, but not limited to, conservation areas, national parks, wildliferefuges, wildlife preserves, wildlife sanctuaries, mangrove conservation areas,forest reserves, fishing grounds (including reef fisheries), fish aggregationand spawning sites, fishing or gleaning areas, fish nursery areas, urban parks,recreational areas and any other category or area designated by a written law;

(o)a proposal that could destroy or damage an ecosystem of national importance,including, but not limited to, a beach, coral reef, rock and gravel deposit,sand deposit, island, native forest, agricultural area, lagoon, sea-grass bed,mangrove swamp, natural pass or channel, natural lake or pond, a pelagic (openocean) ecosystem or an estuary;

(p)a proposal that would result in the introduction of genetically modifiedorganisms or of non-native species that could compete with or destroy anynative species;

(q)a proposal for the construction of a landfill facility, composting plant,marine outfall or waste water treatment plant;

(r)a proposal that involves dredging or excavating a river bed;

(s)a proposal that is controversial from an environmental standpoint, or is notsupported for environmental or resource management reasons by a significantnumber of representatives from the local community, local government, churches,villages and other groups;

(t)a proposal that could lead to the depletion of non-renewable resources;

(u)a proposal that could challenge or contravene established customary controlsover the use of natural resources;

(v)a proposal that could result in any trans-boundary movement of wastes thatcould have an impact on human health, the environment or natural resources inany neighbouring country;

(w)a proposal financed by an international or local development financeinstitution and which requires an EIA as a condition of the finance;

(x)a proposal for farming or agricultural method or system that could result inthe contamination or degradation of any agricultural area or land important foragriculture;

(y)a proposal for a residential subdivision for more than 10 lots.

 

PART 2 - APPROVED BYAPPROVING AUTHORITY

1.The following development proposals are to be approved by an approvingauthority-

(a)a proposal that requires processing only because it could endanger or degradepublic health or sanitation;

(b)a proposal that requires processing only because it could harm or destroyimportant cultural resources including, but not limited to, archaeologicalsites, cemeteries, historic sites and landmarks;

(c)a proposal for a residential subdivision of not more than 10 lots;

(d)a proposal for civic or community development;

(e)a proposal for general commercial development;

(f)a proposal for general industrial development.

2.For the purposes of this Part, "civic or community development" meansdevelopment for purposes of-

(a)a market;

(b)a car park, taxi park or any other similar development;

(c)a bus station;

(d)a town park, swimming pool, library or any other similar development;

(e)a fire station;

(f)a police station, court house, prison or any other similar development;

(g)an animal pound;

(h)government offices;

(i)recreational facilities provided by a local authority;

(j)a parade ground or barracks for the Republic of the Fiji Military Forces or forthe Fiji Police Force;

(k)a radio or telecommunication installation;

(l)a library or reading room;

(m)a church, cemetery or crematorium;

(n)a school or other educational establishment and associated livingaccommodation;

(o)an assembly room;

(p)a kindergarten or crèche;

(q)a hospital or health care centre;

(r)a social, private or sporting club registered under a written law;

"dam"means a barrier constructed to hold back water for the purpose of production ofelectricity, irrigation, controlling of flooding, catchments of piped watersystems or waterways;

"generalcommercial development", "general industrial development","heavy industrial development" and "noxious industrialdevelopment" have the meanings respectively given to those terms under theTown Planning Act.

 

PART 3 - DEVELOPMENTPROPOSALS THAT MAY NOT REQUIRE THE EIA PROCESS OR AN EIA REPORT

1.Subject to section 27(4)(c), the following development proposals do not requirethe EIA process or an EIA report-

(a)a proposal for the construction of a single family residential building in anapproved residential development area, if the construction is at least 30metres from any river, stream or the high water mark;

(b)a proposal for an addition to an existing residential dwelling if the additionis to be used only for residential purposes and is at least 30 metres from anyriver, stream or the high watermark;

(c)a proposal for the construction of a traditional or customary structure(including the Fijian villages within native reserves under the Fijian AffairsAct or villages on the islands of Rotuma and Rabi made from traditionalmaterials, or from natural rock, sand, coral, rubble, or gravel, if theconstruction or the customary structure is at least 30 metres from any river,stream or the high water mark;

(d)subject to paragraph 2 and 3, a proposal for emergency action.

2.For the purposes of this Part, an emergency action referred to paragraph 1(d)is action that must be performed immediately, without time for normal planning,design or review, in order to protect against catastrophic loss of property orlife, or serious harm to the environment.

3.A person or agency undertaking emergency action under this Part must make allreasonable efforts to consult with the Department and to incorporate in theemergency action measures that will reduce, mitigate or avoid adverseenvironmental effect.

Passedby the House of Representatives this 17th day of February 2005.

Passedby the Senate this 11th day of March 2005.

上一篇: 斐济自然灾害管理法
下一篇: 斐济石油法(勘探和开发)
浏览次数: