- ARRANGEMENT OF SECTIONS
- PART 1 – PRELIMINARY
- PART 2 – ADMINISTRATION
- PART 3 – ENVIRONMENTAL IMPACT ASSESSMENT
- PART 4 – BIODIVERSITY AND PROTECTED AREAS
- PART 5 – OFFENCES
- PART 6 – MISCELLANEOUS
- PART 1 – PRELIMINARY
- 1. Application of this Act
- 2. Interpretation
- PART 2– ADMINISTRATION
- Division 1 – Powers and functions
- 3. Director appointed
- 4. Functions of the Director
- 5. Powers of the Director
- Division 2 – Instruments
- 6. Establishment of Environmental Registry
- 7. Preparation of National State of the Environment Reports
- 8. Development of National Policies and National Plans
- 9. Purpose of National Policies and National Plans
- 10. Variation of National Policy or Plan
- PART 3 – ENVIRONMENTAL IMPACT ASSESSMENT
- Division 1 – Activities subject to EIA
- 11. All activities subject to this Act
- 12. Activities that are subject to an EIA
- 13. Activities not subject to an EIA
- 14. Preliminary assessment of applications
- 15. Director may require direct referral
- 16. Lead agency determined by Director
- 17. EIA determination
- Division 2 – EIA process
- 18. Environmental Impact Assessment
- 19. Terms of reference for EIA
- 20. Public notice of EIA
- 21. Deficiencies in EIA Report
- 22. Review of EIA
- 23. Decision on application
- Division 3 – Miscellaneous
- 24. Activities without approval
- 25. Compliance with terms and/or conditions
- 26. Directions
- 27. Director may determine alternate process
- 28. Minister’s approval no guarantee
- PART 4 – BIODIVERSITY AND PROTECTED AREAS
- Division 1 – Bioprospecting
- 29. Establishment of Biodiversity Advisory Council
- 30. Other terms and conditions
- 31. Functions of the Council
- 32. Bioprospecting to require permit
- 33. Application for bioprospecting permit
- 33. Application for bioprospecting permit
- 34. Determination of application
- Division 2 – Community Conservation Areas
- 35. Identification of sites having national biodiversity significance
- 36. Director may provide assistance
- 37. Registration of Community Conservation Areas
- 38. Amendment to registered areas
- 39. Effect of registration
- 40. Deregistration if plan not implemented
- PART 5 – OFFENCES
- 41. Offences
- 42. Continuing offence
- PART 6 – MISCELLANEOUS
- 43. Appeal to the Supreme Court
- 44. Protection of officers, etc.
- 45. Regulations
Environmental Management and Conservation Act [Cap 283]
LAWS OF THE REPUBLIC OF VANUATU CONSOLIDATED EDITION 2006
Commencement: 10 March 2003
CHAPTER 283
ENVIRONMENTAL MANAGEMENT AND CONSERVATION
Act 12 of 2002
ARRANGEMENT OF SECTIONS
PART 1 – PRELIMINARY
1. Application of this Act 2. Interpretation
PART 2 – ADMINISTRATION
Division 1 – Powers and functions
3. Director appointed 4. Functions of the Director 5. Powers of the Director
Division 2 – Instruments
6. Establishment of Environmental Registry 7. Preparation of the National State of the Environment Reports 8. Development of National Policies and National Plans 9. Purpose of National Policies and National Plans 10. Variation of National Policy or Plan
PART 3 – ENVIRONMENTAL IMPACT ASSESSMENT
Division 1 – Activities subject to EIA
11. All activities subject to this Act 12. Activities that are subject to an EIA 13. Activities not subject to an EIA 14. Preliminary assessment of applications 15. Director may require direct referral 16. Lead agency determined by Director 17. EIA determination
Division 2 – EIA process
18. Environmental Impact Assessment 19. Terms of reference for EIA 20. Public notice for EIA 21. Deficiencies in EIA report 22. Review of EIA 23. Decision on application
Division 3 – Miscellaneous
24. Activities without approval 25. Compliance with terms and/or conditions 26. Directions 27. Director may determine alternate process 28. Minister’s approval no guarantee
PART 4 – BIODIVERSITY AND PROTECTED AREAS Division 1 – Bioprospecting
29. Establishment of Biodiversity Advisory Council 30. Other terms and conditions 31. Functions of the Council 32. Bioprospecting to require permit 33. Application for bioprospecting permit 34. Determination of application
Division 2 – Community Conservation Areas
35. Identification of sites having national biodiversity significance 36. Director may provide assistance 37. Registration of Community Conservation Areas 38. Amendment to registered areas 39. Effect of registration 40. Deregistration if plan not implemented
PART 5 – OFFENCES
41. Offences 42. Continuing offence
PART 6 – MISCELLANEOUS
43. Appeal to the Supreme Court 44. Protection of officers, etc. 45. Regulations
ENVIRONMENTAL MANAGEMENT AND CONSERVATION
An Act to provide for the conservation, sustainable development and management of the environment of Vanuatu, and the regulation of related activities.
PART 1 – PRELIMINARY
1. Application of this Act
This Act applies throughout Vanuatu, including its lands, air and waters.
2. Interpretation
In this Act, unless the contrary intention appears:
"authorised officer" means a person appointed under section 5;
"biological diversity" means the variability among living organisms from all sources including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part, including diversity within species, between species and of ecosystems;
"biological resources" includes genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems with actual or potential use or value for humanity;
"bioprospecting" means any activity undertaken to harvest or exploit all or any of the following:
(a) samples of genetic resources; (b) samples of any derivatives of genetic resources; (c) the knowledge, innovations, and customary practices of local communities associated with those genetic resources;
for purposes of research, product development, conservation or industrial or commercial application, and includes investigative research and sampling, but does not include customary uses of genetic resources and derivatives; "conservation" includes the preservation and protection of natural resources and heritage; "Council" means the Biodiversity Advisory Council established under section 29; "Department" means the Department responsible for the environment; "Director" means the Director of the Department; "environment" means the components of the earth and includes all or any of the following:
(a) land and water; (b) layers of the atmosphere; (c) all organic and inorganic matter and living organisms; (d) the interacting natural, cultural and human systems that include components referred to in paragraphs (a) to (c);
"environmental impact assessment" means the environmental impact assessment process as provided in Part 3, and "EIA" has a corresponding meaning; "Environmental Registry" means the registry established under section 6; "foreign organism" includes all stages of any life form not endemic or normally found in Vanuatu; "genetic material" means any material of plant, animal, microbial or other origin containing functional units of heredity; "genetic resources" means genetic material of actual or potential value; "land" includes land covered by water; "Minister" means the Minister responsible for the environment; "natural resources" includes all living and non-living, finite and renewable resources found within Vanuatu but does not include resources lawfully maintained for domestic or commercial purposes; "person" includes any statutory body, company or association or body of persons corporate or unincorporate; "project proponent" means the person whose signature appears, or is otherwise nominated, on any application form as being responsible for any project, proposal or development activity; "regulation" means a regulation made under this Act; "traditional knowledge" means any knowledge:
(a) that is created, acquired or inspired for traditional economic, spiritual, ritual, narrative, decorative or recreational purposes; and (b) whose nature or use of which has been transmitted from generation to generation; and (c) that is regarded as pertaining to a particular indigenous person or people in Vanuatu;
"water" means all or any of the following:
(a) water flowing or situated upon the surface of any land; (b) water flowing or contained in:
(i) any river, stream, creek or other natural course for water; or (ii) any sea, lake, lagoon, bay, swamp, marsh or spring;
whether or not it has been altered or artificially improved;
(c) groundwater, including geothermal water; (d) any estuarine or coastal sea water.
PART 2– ADMINISTRATION
Division 1 – Powers and functions
3. Director appointed (1) A Director of the Department is to be appointed under the Public Service Act [Cap. 246]. (2) The Director is accountable to the Public Service Commission for the efficient and effective administration of this Act. (3) The Director must advise and assist the Minister in all matters relating to this Act. 4. Functions of the Director (1) The Director is responsible for the development, co-ordination and, where appropriate, implementation of the Government’s environmental policies and programs. (2) In carrying out the functions outlined in subsection (1), the Director must do the following:
(a) administer the Environmental Registry established under section 6;
(b) prepare State of the Environment Reports under section 7;
(c) prepare National Policies and National Plans under section 8;
(d) administer the Environmental Impact Assessment procedure under Part 3;
(e) prepare guidelines, standards, codes of practice and procedures;
(f) prepare advice on international environmental treaties and instruments, including implementation strategies;
(g) undertake environmental research, assessment, monitoring, and inspection generally;
(h) undertake such other duties and responsibilities as may lawfully be required by the Minister.
(3) The Director may carry out any duty, function or responsibility under this Act in association with any other Government Ministry, Department, Agency, local government or municipal council. 5. Powers of the Director (1) The Director has the powers conferred by this Act, and such other powers as may be necessary or convenient for the performance of the Director’s functions under this Act, including:
(a) the appointment of persons not employed by the Department as authorised officers for the purpose of administering this Act; and
(b) the establishment of committees for the purpose of ensuring better inter-departmental and inter-agency co-ordination on particular environmental matters.
(2) The Director must consult with the Public Service Commission and such local government or municipal council as is appropriate before appointing any authorised officer under subsection (1)(a). (3) The Director must consult with the Minister before establishing any committee under subsection (1) (b). (4) The powers, duties and responsibilities of any person appointed under subsection (1) (a) or any committee established under subsection (1) (b) must be stated in any instrument of appointment or establishment. (5) The Director may delegate to officers of the Department and any authorised officers appointed under subsection (1) (a), such powers and functions as he or she considers appropriate, with the exception of this power of delegation.
Division 2 – Instruments
6. Establishment of Environmental Registry (1) The Director must establish, operate and maintain an Environmental Registry of all records relating to:
(a) environmental impact assessment documentation provided under Part 3; and
(b) applications, permits and approvals required or issued under this Act; and
(c) regulations, standards, guidelines or codes of environmental practice established under this Act; and
(d) National State of the Environment Reports prepared under section 7; and
(e) National Policies and National Plans prepared under section 8; and
(f) Community Conservation Areas registered under section 37; and
(g) international environment and conservation treaties and instruments to which Vanuatu is a party; and
(h) such other matters as may be prescribed by regulation.
(2) All material entered in the Environmental Registry must be lodged with the Department in a physical or electronic form, and be available for public inspection during normal working hours. (3) If the Director determines that any registered material is commercially or culturally sensitive, he or she may classify that material, including any part of any material, as confidential and stipulate the terms and conditions, if any, on which any person can access that material. (4) The Minister on the advice of the Director may, by order, prescribe a system of fees and charges for the purpose of recovering any operational costs arising from requests for copies of material held in the Environmental Registry. 7. Preparation of National State of the Environment Reports (1) The Director must prepare and publish a National State of the Environment Report at least once every 10 years following the commencement of this Act. (2) A National State of the Environment Report must include all of the following:
(a) an assessment of the state of all natural resources;
(b) a review of the current use of natural resources;
(c) an assessment of the quality of Vanuatu’s environment;
(d) an assessment of social and economic development trends and their likely impact upon the environment;
(e) a summary of government and private sector policies, programs and initiatives to address and monitor environmental management and conservation issues;
(f) such other matters as the Minister considers appropriate.
(3) A National State of the Environment Report must be submitted to the Minister for approval, and a copy of any such report must be lodged in the Environmental Registry. 8. Development of National Policies and National Plans If the Minister determines that a National Policy or National Plan is required for the conservation, sustainable development and management of the environment, the Director must prepare the National Policy or National Plan. 9. Purpose of National Policies and National Plans (1) The purpose of a National Policy is:
(a) to promote the environmentally sound and safe management and conservation of the natural resources of Vanuatu; and
(b) to provide for the co-ordination of related activities.
(2) The purpose of a National Plan is:
(a) to provide for the implementation of the National Policy; and
(b) to provide for the conservation and/or sustainable management and development of particular natural resources of Vanuatu.
(3) A National Policy must include all of the following: