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National
This section
indicates where to find environmental laws for each of SPREP's members:
14 Pacific Island countries, 4 metropolitan countries and 7 territories.
The best online
source of laws for Pacific island countries and territories is the
Paclii site.
For legal research
tools see: www.paclii.org/gateway.
Refer to PEIN
Country Profiles for information on PICs.
From time to time environmental legislative
reviews are conducted for countries or territories. These are noted in
the Table below.
American
Samoa
Legislation and cases can be
found on the Paclii site. Under the AS Bar Association website www.asbar.org/,
go to "Legal Resources" which contains the AS Code (which includes
a detailed Index), the AS Administrative Code and a search engine for
court decisions. Under the AS Code, the following Titles are relevant:
Title 18: Parks & Recreation
Title 20: Harbors & Navigation
Title 24: Natural Resources and
Environment Ecosystem Protection and Development
Ch 1: Environmental Quality
Act
Ch 2: Village Soil Conservation
Laws
Ch 7: Endangered Species
Ch 8: Noxious Weeds
Ch 12:
Pesticides
Ch 23: Conservation of Flying
Foxes
Title 25: Environmental Health
Ch 20: Solid and Industrial
Waste and Refuse
Ch 30: Safe Drinking Water
Standards
Title 26: Environmental Safety
and Land Management
Ch 3: Zoning Regulations
Ch 10: Uniform Building
Code
Regulations:
24: Ecosystem
Protection and Development
26: Environmental
Safety and Land Management
Australia
See http://www.environment.gov.au/about/legislation.html
for federal and state legislation. For information on cases as well
as statutes generally refer to www.austlii.org/.
Federal laws include:
Environment
Protection and Biodiversity Conservation Act 1999
Hazardous
Waste (Regulation of Exports and Imports) Act 1989
Cook
Islands
Legislation and cases can be found
on the Paclii site. Important environmental laws include:
Environment
Act 2003
Fisheries
Protection Act 1976
Land
Use Act 1969
Marine
Pollution Act 1974 (NZ)
Marine
Resources Act 1989
Noise
Control Act 1986
Pesticides
Act 1987
Plants
Act 1973
Prevention
of Marine Pollution Act 1998
Rarotonga
Environment Act 1994-1995
Rarotonga
Environment Amendment Act 1998
Rarotonga
Environment Amendment Act 1999
Re-Use
of Bottles Act 1988
Wandering
Animals Act 1976
Fiji
Legislation and cases can be
found on the Paclii site. Important environmental laws include:
Birds
and Game Protection Act [Cap 170]
Endangered
and Protected Species Act 2002
Endangered
and Protected Species Regulations 2003
Environment
Management Act 2005
Fisheries
Act [Cap 158]
Fisheries
(Protection of Turtles) (Amendments) Regulations 2004
Forest
Decree 1992
Land
Conservation and Improvement Act [Cap 141]
Land
Development Act [Cap 142]
Litter
Decree 1991
Natural
Disaster Management Act 1998
Rivers
and Streams Act [Cap 136]
Ozone
Depleting Substances Act 1998
Town
Planning Act [Cap 139]
France
For laws generally including
application of the French Environmental Code to its Pacific territories
see: www.legifrance.gouv.fr/.
French
Polynesia
See www.environnement.pf
Agir - Textes juridiques. See also dmi.net/min/pm/tex/polynesie.html.
Guam
Legislation and cases can be
found on the Paclii site.
For environmental laws see www.guamepa.govguam.net/regs
Important environmental laws
include:
Guam Code Annotated: Title
10 - Health & Safety
Ch 45: Guam Environmental
Protection Agency Act
Ch 46: Water Resources Conservation
Act
Ch 47: Water Pollution Control
Act
Ch 49: Air Pollution Control
Act
Ch 51: Solid Waste Management
and Litter Control
Ch 53: Guam Safe Drinking Water
Act
Ch 54: Environmental Pollution
Control Act
Ch 76: Underground Storage
of Hazardous Substances Act
Guam does not have a single
document called the Constitution. Instead the Organic Act of Guam, 64
Stat. 384, 48 U.S.C. 1421, et. seq. and related federal laws provide the
framework for the government of Guam.
Kiribati
Legislation and cases can be
found on the Paclii site. Important environmental laws include:
Environment
Act 1999
Fisheries
Ordinance [Cap 33]
Land
Planning Ordinance [Cap 48]
Recreational
Reserves Act 1996
Special
Fund (Waste Material Recovery) Act 2004
Wildlife
Conservation Ordinance [Cap 100]
Marshall
Islands
Legislation and cases can be
found on the Paclii site. Important environmental statutes include:
Alternative
Energy Fund Act 1989 [Title 35 Cap 3]
Coast
Conservation Act 1988 [Title 35 Cap 4]
Endangered
Species Act 1975 [Title 8 Cap 5]
Littering
Act 1982 [Title 35 Cap 2]
Marine
Mammal Protection Act 1990 [Title 33 Cap 5]
National
Environmental Protection Act 1984 [Title 35 Cap 1]
Planning
and Zoning Act [Title 10 Cap 2]
Public
Lands and Resources Act [Title 9 Cap 1]
Micronesia,
Federated States of
Legislation and cases can be
found on the Paclii site. National laws can be found on smlaw.org./fsm/code/index.htm
(eg, Title 23: Resource Conservation, Title 25: Environmental Protection)
as well as national regulations (eg, Environmental Impact Assessment Regulations,
Earthmoving Regulations). In addition each State has its own Constitution,
Code and regulations.
Important environmental laws
include:
National laws and regulations
Marine
Resources Act 2002
Marine
Resources Amendment Act 2001
Title 23. Resource Conservation
Chapter
1. Marine Species Preservation (§§ 101-116)
Chapter
3. Endangered Species Act (§§ 301-317)
Title 25. Environmental
Protection
Subtitle 1 Trust Territory
Environmental Quality Protection Act
Chapter
1. General Provisions (§§ 101-104)
Chapter
2. Environmental Protection Board (§§ 201-208)
Chapter
3. Enforcement (§§ 301-309)
Chapter
4. District Advisory Boards (§§ 401-413) Subtitle 2 Federated
State of Micronesia Environmental Protection Act
Chapter
5. General Provisions (§§ 501-503)
Chapter
6. FSM Environmental Protection Board (§§ 606-610)
Chapter
7. Enforcement (§§ 701-708)
Regulations:
Environmental Impact Assessment
Regulations
Part
I. GENERAL PROVISIONS
Part
II. RESPONSIBILITIES
Part
III. EIA PROCESS
Part
IV. INITIAL ASSESSMENT
Part
V. COMPRHENSIVE ENVIRONMENTAL IMPACT ASSESSMENT
Part
VI. CONTENTS OF ENIVIRONMENTAL IMPACT ASSESSMENT STATEMENT
Part
VII. APPEAL FROM AGENCY ACTION
Earthmoving Regulations
Part
I. GENERAL PROVISON
Part
II. EROSION AND SEDIMENTATION CONTROL
Part
III. PERMITS
Part
IV. RIGHT OF ENTRY
Part
V. ENFORCEMENT
Part
VI. SEVERABILITY
Part
VII. REPEALERS
Chuuk State
Title 22. ENVIRONMENTAL
PROTECTION AND PRESERVATION
Chapter
1. Chuuk State Environmental Protection Act
Chapter
3. Littering
Chapter
4. Fire Control
Kosrae State
Title 11. LAND AND ENVIRONMENT
Chapter
11. Marine Life
Chapter
12. Rivers and Streams
Chapter
13. Protection of Environment
Chapter
14. Antiquities
Chapter
15. Pig Control
Chapter
16. Wildlife
Pohnpei State (pending)
Yap State
Title 18. Conservation
and Resources
Division 3. CONSERVATION
Chapter
10. Wildlife Conservation
Chapter
11. Fruitbats
Division 4. ENVIRONMENTAL
PROTECTION
Chapter
15. Environmental Quality Protection
Nauru
Legislation and cases can be found
on the Paclii site. Important environmental laws include:
Fisheries
Act 1997
Fisheries
Regulations 1998
Lands
Act 1976
Marine
Resources Act 1978
Wild
Birds Preservation Ordinance 1937
New
Caledonia
Legislation and cases can be
found on the Paclii site.
For New Caledonia and Provinces
legislation see www.juridoc.gouv.nc
then: Le droit - Autres textes - législatifs et réglementaires - Accès
thématique - Environnement.
New Caledonia was annexed by
France in 1853 and became an Overseas Territory in 1958. Its current status
is set down in the New Caledonia Act 1999 (la loi organique du 19/03/99).
The Act identifies four territorial authorities: the French State, New
Caledonia, the Provinces (Loyalty Islands, North and South) and the
Municipalities and spells out the powers accorded to each authority. The
three provinces are given most of powers in environmental matters:
Province des Iles (comprising
the 3 Loyalty islands)
Province Nord
Délibération
relative aux installations classées pour la protection de l'environnement
Code
de développement de la Province Nord
Code
de développement de la Province Nord - Synthèse
Code
de développement de la Province Nord - Annexe 1
Code
de développement de la Province Nord - Annexe 2
Province Sud
New
Zealand
For environmental statutes
and treaties refer to www.mfe.govt.nz/laws.
For the Environment Court refer to: www.justice.govt.nz/environment/.
Cases under the Resource Management Act can be found at: www.rma.net.nz/.
For statutes or cases generally, refer to:
www.legislation.govt.nz/.
Some important statutes include:
Climate Change Response
Act 2002
Environment Act 1986
Energy Efficiency and Conservation
Act 2000
Biosecurity Act 1993
Conservation Act 1987
Fisheries Act 1996
Forests Act 1949
Hazardous Substances and
New Organisms Act 1996
Marine Mammals Protection
Act 1978
Marine Reserves Act 1971
National Parks Act 1980
Native Plants Protection
Act 1934
Ozone Layer Protection Act
1996
Plants Act 1970
Resource Management Act
1991
Soil Conservation and Rivers
Control Act 1941
Trade In Endangered Species
Act 1989
Wildlife Act 1953
Niue
Legislation and cases can be
found on the Paclii site. Important environmental laws include:
Domestic
Fishing Act 1995
Environment
Act 2003
Mining
Act 1977
Water
Resources Act 1996
Wildlife
Ordinance 1972
Northern
Mariana Islands
Legislation and cases can be
found on the Paclii site; legislation can be searched on the website of
the "Commonwealth Law Revision Commission".
Palau
Legislation and cases can be
found on the Paclii site.
Useful Information can be gleaned
from "Ministry of Justice" and "Ministry of Resources":
www.palaugov.net/president/president.html.
Section 3 of Article II of the Constitution
of the Republic of Palau provides:
Major governmental powers
... may be delegated by treaty, compact, or other agreement between
the sovereign nation or international organization, provided such treaty,
compact or agreement shall be approved by not less than two-thirds (2/3)
of the members of each house of the Olbiil Era Kelulau and by a majority
of the votes cast in a nationwide referendum conducted for such purpose,
provided, that any such agreement which authorizes use, testing, storage
or disposal of nuclear, toxic chemical, gas or biological weapons intended
for use in warfare shall require approval of not less than three-fourths
(3/4) of the votes cast in such referendum.
Some relevant information:
Title 24 of the Code addresses
Environmental Protection and is broken into the following Divisions:
DIVISION I ENVIRONMENTAL QUALITY
Chapter I Environmental
Quality Protection Act
Chapter 2 Trust Territory Environmental Quality Protection Act
DIVISION II WILDLIFE PROTECTION
Chapter 10 Endangered Species
Act
Chapter 12 Protected Sea Life
Chapter 13 Illegal Methods of Capture
Chapter 14 Protected Land Life
DIVISION III PRESERVES AND
PROTECTED AREAS
Chapter 30 Ngerukewid Island
Wildlife Preserve
Chapter 31 Ngerumekaol Spawning Area
Chapter 32 Natural Heritage Reserve System
Environmental Quality Protection
Board (EQPB) Regulations
The purpose of the Environmental
Quality Protection Act is to ensure protection of the environment while
promoting sustainable economic development. The Act created the Environmental
Quality Protection Board (EQPB), a semi-autonomous agency of the Republic,
responsible for the protection and conservation of the environment.
EQPB oversees regulations regarding: (1) Earthmoving, (2) Marine and
Freshwater Quality (3) Pesticides (4) Environmental Impact Statements,
(5) Air Pollution Control.
Papua
New Guinea
Legislation and cases can be
found on the Paclii site. The Constitution of the Independent State of
Papua New Guinea
provides:
4. Natural resources and
environment.
We declare our fourth goal
to be for Papua New Guinea's natural resources and environment to be
conserved and used for the collective benefit of us all, and be replenished
for the benefit of future generations.
WE ACCORDINGLY CALL FOR—
(1) wise use to be made of our
natural resources and the environment in and on the land or seabed,
in the sea, under the land, and in the air, in the interests of our
development and in trust for future generations; and
(2) the conservation and replenishment,
for the benefit of ourselves and posterity, of the environment and its
sacred, scenic, and historical qualities; and
(3) all necessary steps to
be taken to give adequate protection to our valued birds, animals, fish,
insects, plants and trees.
Important environmental laws
include:
Conservation
Areas Act 1978
Crocodile
Trade (Protection) Act 1974
Crocodile
Trade (Protection) Regulation 1980
Dumping
of Wastes at Sea Act 1979
Environmental
Contaminants Act 1978
Environmental
Contaminants (Pesticides) Regulation 1988
Environmental
Planning Act 1978
Environmental
Planning Regulations1992
Environment
Act 2000
Fauna
(Protection and Control) Act 1966
Fauna
(Protection and Control) Regulation 1968
Fauna
(Protection and Control) Bagiai Wildlife Management Area Rules 1977
Fisheries
Management Act 1998
Fisheries
Management Regulation 2000
Forestry
Act 1991
Forestry
Regulation 1998
International
Trade (Fauna and Flora) (Fauna) Regulation 1982
International
Trade (Fauna and Flora) Act 1979
Land
Act 1996
Mining
Act 1992
National
Parks Act 1982
National
Parks Regulation 1984
National
Water Supply and Sewerage Act 1986
Oil
and Gas Act 1998
Physical
Planning Act 1989
Physical
Planning Regulation 1990
Prevention
of Pollution of the Sea Act 1979
Prevention
of Pollution of the Sea Regulation 1980
Public
Health Act 1973
Water
Resources Act 1982
Water
Resources Regulation 1982
Samoa
Legislation and cases can be
found on the Paclii site. Important environmental laws include:
Lands,
Surveys and Environment Act 1989
National
Parks and Reserves Act 1974
Noxious
Weeds Ordinance 1961
Planning
and Urban Management Act 2004
Plants
Act 1984
Samoa
Water Authority Act 2003
Stevenson
Memorial Reserve and Mount Vaea Scenic Reserve Ordinance 1958
Water
Act 1965
Solomon
Islands
Legislation and cases can be
found on the Paclii site. Important environmental laws include:
Environment
Act 1998
Environmental
Health Act [Cap 99]
Fisheries
Act 1998
Forest
Resources and Timber Utilisation Act [Cap 40]
Mines
and Minerals Act [Cap 42]
National
Parks Act [Cap 149]
River
Waters Act [Cap 135]
Town
and Country Planning Act [Cap 154]
Wild
Birds Protection Act [Cap 45]
Wildlife
Protection And Management Act 1998
Tokelau
Legislation and cases can be
found on the Paclii site. Important environmental laws include:
Biosecurity
Rules 2003
Marine
Pollution Act 1974 (NZ)
Marine
Pollution Regulations 1990
Marine Pollution (Dumping
and Incineration) Regulations 1982
Marine
Pollution Rules 1998
Tonga
Legislation can be found on
http://legislation.to/cms/home.html.
or the Paclii site for both legislation and cases. Important environmental
laws include:
Birds
and Fish Preservation Act [Cap 125]
Environmental
Impact Assessment Act 2003
Fisheries
Regulation Act [Cap 122]
Forests
Act [Cap 126]
Garbage
Act [Cap 101]
Minerals
Act [Cap 133]
Noxious
Weeds Act [Cap 128]
Parks
and Reserves Act [Cap 89]
Pesticides
Act 2002
Petroleum
Mining Act [Cap 134]
Tuvalu
Legislation and cases can be
found on the Paclii site. Important environmental laws include:
Conservation
Areas Act 1999
Foreshore
and Land Reclamation Ordinance [Cap 26]
Marine
Pollution Act 1991
Pesticides
Act 1990
Plants
Ordinance [Cap 39]
Wildlife
Conservation Ordinance [Cap 47]
Wreck
and Salvage Amendment Act 1990
(At independence all Ordinances
were redesignated Acts)
United
States of America
US environmental laws can be
accessed at
http://www.epa.gov/lawsregs/laws/index.html. The National Environmental
Policy Act (NEPA) 1969-70 (NEPA)
is the basic national charter for protection of the environment. Other
major federal laws include:
Clean
Air
Water
Pollution
Comprehensive
Environmental Response Compensation, and Liability
Emergency
Planning
Endangered
Species
Oil
Pollution
Pollution
Prevention Act (PPA) 1990
Solid
Waste Disposal
Toxic
Substance Control
For a search of State laws refer
to www.constructionweblinks.com/Industry_Topics/Laws_and_Regulations_--_Full_T/laws_and_regulations_--_full_t.html.
Vanuatu
Article 7(d) of the Constitution
of the Republic of Vanuatu provides:
Every person has the following
fundamental duties to himself and his descendants and to others ...
(d) to protect the Republic of Vanuatu and to safeguard the national
wealth, resources and environment in the interests of the present generation
and of future generations;
Legislation and cases can be
found on the Paclii site. Important environmental laws include:
Derelict
Vessels (Disposal) Act [Cap 9]
Environmental
Management and Conservation Act 2002
Forestry
Act [Cap 147]
National
Parks Act 1993
Physical
Planning Act [Cap 193]
Water
Resources Management Act 2002
Wild
Bird (Protection) Act [Cap 30]
Conventions are given the force
of law in their entirety at the national level by way of Act of Parliament,
eg, Convention
on Biological Diversity (Ratification) Act 1992.
Wallis
and Futuna
Act No. 61.814 of 29 july 1961 confers on Wallis
and Futuna the status of French Overseas Territory. There are four established
authorities: the French State, the Territory, the Wards, and in Wallis
only, the Districts. Traditional institutions co-exist alongside these
authorities, in Wallis, the Uvea Kingdom and in Futuna the Kingdoms of
Sigave and Alo.
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