Environment management (Amendment) ACT 2015

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Environment Management (Amendment) Act 2015


Act 6 of 2015





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ENVIRONMENT MANAGEMENT

(AMENDMENT) ACT 2015


Environment Management (Amendment) Act 2015 Arrangement of Sections





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Act 6 of 2015 Page 3




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ENVIRONMENT MANAGEMENT (AMENDMENT)

ACT 2015

Arrangement of Sections

Section

1 Short Title .............................................................................................................. 5
2 Section 2 amended ................................................................................................. 5
3 Section 16A inserted .............................................................................................. 6




Environment Management (Amendment) Act 2015 Section 1





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Act 6 of 2015 Page 5




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ENVIRONMENT MANAGEMENT (AMENDMENT)

ACT 2015

Act 6 of 2015

AN ACT TO AMEND THE ENVIRONMENT MANAGEMENT ACT 2010

I assent,

TUPOU VI,

15th October 2015.

BE IT ENACTED by the King and Legislative Assembly of Tonga in the

Legislature of the Kingdom as follows:

1 Short Title

(1) This Act may be cited as the Environment Management (Amendment) Act

2015.

(2) The Environment Management Act 2010 is in this Act referred to as the

“Principal Act”.

2 Section 2 amended

Section 2 of the Principal Act is amended by -

(a) inserting the following new definitions in the appropriate alphabetical order in

subsection (1) -

““company” includes any licensed business or other commercial enterprise;”

Section 3 Environment Management (Amendment) Act 2015





Page 6 Act 6 of 2015

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3 Section 16A inserted

The following section is inserted into the Principal Act as section 16A -


“16A Infringement Notices

(1) Whenever an environment officer or any other person authorised under

any Regulations made under this Act detects the commission of an

offence against any Regulations made under this Act such officer has

authority to issue to the person committing such offence a Notice of

Infringement under this section.

(2) Regulations made under this Act may specify the offences for which

Notices of Infringement may be issued under this section, and such

Regulations may ―

(a) provide for the fines to be applied under such Notices of

Infringement; and

(b) prescribe the form for such notices, which shall conform to the

notice in Schedule 2 as far as is practicable.

(3) A person who has been issued with a notice under subsection (1) or in

accordance with subsection (2) may elect to do either of the following ―

(a) to pay the fine set out in the notice to a Magistrate's Court; or

(b) to contest the notice and to have a hearing of the matter in the

Magistrate’s Court.

(4) If the person served with a notice under subsection (1) or in accordance

with subsection (2) wishes to contest the matter and have a hearing in the

Magistrate’s Court, a summons will be issued.

(5) The officer who issues a Notice of Infringement under subsection (1) or

in accordance with subsection (2) shall lodge a duplicate notice within

48 hours with the clerk of the Magistrates' Court for the district.

(6) Upon receipt of a duplicate copy of a notice the Clerk of the Magistrates'

Court shall:

(a) if the fine is tendered by the person served with the notice, receive

the payment, issue a receipt and file the notice; or

(b) if no payment is tendered within 21 days of the date of issue of the

notice, issue a summons to the person named in the notice together

with a copy of the Notice of Infringement.

(7) The summons shall be heard and determined by a Magistrate.”





Passed by the Legislative Assembly this 15th day of September 2015.