Environmental Impact Assessment Act 2003


No. 16 of 2003






C
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ENVIRONMENTAL IMPACT
ASSESSMENT ACT 2003

Environmental Impact Assessment Act 2003 Arrangement of Sections





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C
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ENVIRONMENTAL IMPACT ASSESSMENT
ACT 2003

Arrangement of Sections
Section

PART I - PRELIMINARY 5
1 Short Title ........................................................................................................5
2 Interpretation....................................................................................................6
3 Binding the Crown...........................................................................................6

PART II - FUNCTIONS AND POWERS 7
4 Powers of Minister...........................................................................................7
5 Delegation........................................................................................................7

PART III - ENVIRONMENTAL IMPACT ASSESSMENT 7
6 Environmental Impact Assessment..................................................................7
7 Major Project Assessment................................................................................7
8 Minister to determine assessment ....................................................................7
9 Major projects defined .....................................................................................8
10 Application.......................................................................................................8
11 Minister to advise applicant .............................................................................8
12 Referral to Environmental Assessment Committee .........................................9
13 Environmental Committee established ............................................................9
14 Functions of Committee...................................................................................9
15 Environmental Impact Assessment Report ....................................................10
16 Environmental Impact Assessment Approval................................................10

Arrangement of Sections Environmental Impact Assessment Act 2003





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PART IV - OFFENCES 10
17 Non compliance with environmental conditions............................................10
18 Supplying false information ...........................................................................10
19 Penalty for carrying out any activity or project without approval..................10
20 Activity to cease forthwith .............................................................................10
21 Review of license due to conviction...............................................................11
22 Offences by corporations ...............................................................................11

PART V - MISCELLANEOUS 11
23 Transitional ....................................................................................................11
24 Regulations.....................................................................................................11


SCHEDULE 12

MAJOR PROJECTS.........................................................................................12

Environmental Impact Assessment Act 2003 Section 1





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C
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ENVIRONMENTAL IMPACT ASSESSMENT
ACT 2003

No. 16 of 2003

AN ACT TO PROVIDE FOR THE APPLICATION OF
ENVIRONMENTAL IMPACT ASSESSMENT TO THE PLANNING OF

DEVELOPMENT PROJECTS WITHIN THE KINGDOM AND
MATTERS RELATED THERETO

I assent,
TAUFA'AHAU TUPOU IV,

18th November, 2003

[11th of September, 2003]

BE IT ENACTED by the King and the Legislative Assembly of Tonga in the
Legislature of the Kingdom as follows:

PART I - PRELIMINARY

1 Short Title
This Act may be cited as the Environmental Impact Assessment Act, 2003.

Section 2 Environmental Impact Assessment Act 2003





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2 Interpretation
In this Act unless the context otherwise requires —

“Committee” means the Environmental Assessment Committee
established by the Minister under this Act;

“Department” means the Department of Environment;

“determining authority” means any authority which is responsible for
issuing of a licence or approval before any development activity proceeds;

“development activity” means any new project, including extensions and
additions to existing projects, undertaken in the private or government
sectors which requires any licence or other government approval and
which accords with the criteria established by the Minister under
Regulations made under this Act;

“Director” means the Director of the Department of Environment;

“environment” includes all natural, physical and social resources, people
and culture and the relationship that exists between these elements;

“environmental impact assessment” means the study and evaluation of
the potential effects that a development project may have on the
environment;

“land” for the purpose of this Act includes all land covered by water or
not;

“major project” means any development activity listed in the Schedule or
determined by the Minister under this Act;

“Minister” means the Minister of Environment;

“natural resources” includes land, soil, minerals, water, air, plants and
animals and their habitat whether native or introduced;

“physical resources” includes all buildings, structures, roads, and other
man made facilities and constructions placed or otherwise fixed in, on,
under or over land, whether temporary or permanent;

“prescribed form” means the form prescribed by Regulations under this
Act.

3 Binding the Crown
This Act shall bind the Crown.

Environmental Impact Assessment Act 2003 Section 4





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PART II - FUNCTIONS AND POWERS

4 Powers of Minister
The Minister shall be responsible for the proper administration of this Act.

5 Delegation
In exercising any function under this Act the Minister may, in writing delegate
to the Director, such functions, either in part or in whole, as may be considered
appropriate for the efficient and effective administration of that function.

PART III - ENVIRONMENTAL IMPACT ASSESSMENT

6 Environmental Impact Assessment
All major projects shall be supported by an appropriate environmental impact
assessment, conducted as required under this Act.

7 Major Project Assessment
Major project assessment shall apply to all major projects as set out in the
Schedule and shall be conducted in accordance with the procedures set out in the
Regulations.

Where a development proposal is submitted with an impact assessment
completed under the law of a foreign country, the Minister may, deem such
assessment to fulfil the requirements of this Act.

8 Minister to determine assessment
(1) The Minister shall determine an assessment for a major project.

(2) The Minister shall have regard, in making any determination under
subsection (1), to the effect the project is likely to have on —
(a) any ecosystems of importance, especially those supporting habitats

or rare, threatened, or endangered species of flora or fauna;
(b) areas, landscapes, and structures of aesthetic, archaeological,

cultural, historical, recreational, scenic or scientific value;
(c) any land, water, sites, fishing grounds, or physical or cultural

resources, or interests associated with such areas, which are part of

Section 9 Environmental Impact Assessment Act 2003





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the heritage of the people of Tonga and which contribute to their
well-being;

(d) the social and the economic well-being of communities; or
(e) whether any project is likely to —

(i) result in or increase pollution;
(ii) result in the occurrence, or increase the chances of

occurrence, of natural hazards such as soil erosion, flooding,
tidal inundation, or hazardous substances;

(iii) result in the introduction of species of types not previously
present that might adversely affect the environment and
biodiversity;

(iv) have features, the environmental effects of which are not
certain, and the potential impact of which is such as to
warrant further investigation;

(v) result in the allocation or depletion of any natural and
physical resources in a way or at a rate that will prevent the
renewal by natural processes of the resources or will not
enable an orderly transition to other materials; or

(vi) whether utility services are available and adequate for that
activity.

9 Major projects defined
Where, in the opinion of the Minister, any matter referred to in section 8(2)(e) of
this Act is likely to occur to a significant degree, the project shall be deemed to
be a major project and the prescribed procedures in the Regulations shall apply.

10 Application
All applications under this Act shall be in the prescribed form.

11 Minister to advise applicant
(1) The Minister shall determine the application for major projects within 30

working days of receipt and notify the applicant in writing of his decision.

(2) Where the Minister requires further information, he may notify the
applicant of the requirements.

Environmental Impact Assessment Act 2003 Section 12





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12 Referral to Environmental Assessment Committee
All major projects shall be referred to the Environmental Assessment Committee
for processing.

13 Environmental Committee established
(1) There shall be established an Environmental Assessment Committee

which shall consist of:
(a) Director of Environment, who shall be Chairman;
(b) Solicitor General;
(c) Director of Health
(d) Director of Planning; and
(e) one member appointed by the Minister, from the private sector. (2)

The Secretariat shall be provided by the Department.

(3) A quorum shall be the Chairman and any 3 members.

(4) The Committee may co-opt persons as it deems necessary.

14 Functions of Committee
(1) The Environmental Assessment Committee shall review and recommend

to the determining authority, conditions to be attached to major projects
and the means by which they should be implemented and shall have the
following functions:
(a) to receive all relevant documentation relating to the application

submitted for projects required to undertake major project
assessment;

(b) to ensure appropriate inter-departmental coordination is made for
all major projects submitted to the Environmental Assessment
Committee;

(c) to receive a copy of all completed major project assessments and
any report prepared on that assessment by or at the request of the
Secretariat;

(d) to review any environmental conditions recommended by the
Secretariat for attachment to major projects submitted to it; and

(e) to recommend to the appropriate determining authority
environmental conditions to be attached to major projects and the
means by which these should be implemented.

Section 15 Environmental Impact Assessment Act 2003





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15 Environmental Impact Assessment Report
The determining authority shall ensure that all major project proposals are to be
submitted with an environmental impact assessment report.

16 Environmental Impact Assessment Approval
No major project application shall proceed, unless it has satisfied the appropriate
environmental impact assessment requirements under this Act and approved in
the prescribed form.

PART IV - OFFENCES

17 Non compliance with environmental conditions
Any person who fails to comply with environmental conditions required under
this Act commits an offence and shall be liable upon conviction to a fine not
exceeding $5,000 or imprisonment for a term of 1 year or both, and in the case
of a corporation to a fine not exceeding $10,000.

18 Supplying false information
Any person who knowingly supplies false information under this Act commits
an offence and shall be liable upon conviction to a fine not exceeding $10,000 or
imprisonment for a term of 2 years or both, and in the case of a corporation to a
fine not exceeding $20,000.

19 Penalty for carrying out any activity or project without approval
(1) Any person carrying out any activity or project, without any approval

required under this Act, shall be liable upon conviction to a fine not
exceeding $500 or imprisonment for a term not exceeding 1 month and in
the case of a corporation to a fine not exceeding $1,000.

(2) Upon conviction under subsection (1) of this section, the Court in addition
to any penalty may order the offender to return the site to its original
condition.

20 Activity to cease forthwith
(1) Where a person is charged with an offence under this Act, the activity for

which that person is charged shall cease immediately.

Environmental Impact Assessment Act 2003 Section 21





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(2) Any person who fails to comply with the provisions of subsection (1)
commits an offence and shall be liable to a fine not exceeding $500 and in
the case of a corporation to a fine not exceeding $1,000, for each day that
non-compliance continues.

21 Review of license due to conviction
Where a person is convicted of an offence under this Act, the Court may
recommend the revocation of the licence or refer it back to the Minister for a
review of the application.

22 Offences by corporations
Where a body corporate is charged with an offence, every person who, at the
time of the commission of the offence, was a director or officer of the body
corporate may be charged jointly in the same proceedings with such body
corporate, and where the body corporate is convicted of the offence, every such
director or officer shall be guilty of that offence unless he satisfies the court that
the offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of the offence.

PART V - MISCELLANEOUS

23 Transitional
Any major project which has not been completed at the date of commencement
of this Act shall be exempted from the requirements of this Act.

24 Regulations
The Minister may, with the consent of Cabinet, make regulations for the proper
and efficient administration of this Act.



Passed in the Legislative Assembly this 11 day of September, 2003.

SCHEDULE Environmental Impact Assessment Act 2003





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SCHEDULE

MAJOR PROJECTS

Any of the following activities shall be deemed to be major projects:
(a) abattoirs;
(b) brewery works;
(c) buildings, works, or land associated with the landing, take-off,

parking or servicing of aircraft or helicopters;
(d) canning and bottling works in excess of floor space 2000 square

metres;
(e) cattle feedlots or intensive piggeries with excess of 50 animals;
(f) cement works or concrete batching works in which more than 2,000

tonnes per annum are manufactured;
(g) ceramic works, being works in which excess of 200 tonnes per

annum are produced of bricks, tiles, pipes, glass are manufactured
in furnaces or kilns;

(h) chemical factories, or chemical storage areas in excess of 1,000
square metres;

(i) electricity generating stations;
(j) marinas (comprising pontoons, jetties, piers, dry storage, moorings)

for more than 20 vessels primarily for pleasure or recreation;
(k) mining, being an activity that disturbs the surface of the land in

excess of one hectare;
(l) sand or gravel extraction from any beach within 50 metres of the

high tide mark;
(m) liquid, chemical, oil or petroleum refineries, storage or waste

processing works;
(n) farms for the propagation of marine, estuarine or freshwater

organisms; (o) pre-mix bitumen works;
(p) rubber or plastics works;
(q) the removal of trees (including mangroves) or natural vegetation of

any area in excess of half a hectare;
(r) construction of roads, wharfs, barrages, embankments or levees

which affect the flow of tidal waters;
(s) any facility involving the use, storage or dumping of nuclear

materials;

Environmental Impact Assessment Act 2003 SCHEDULE





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(t) sawmills where more than 2,000 cubic metres per annum of timber
is sawn, milled or machined in any way; or

(u) tourism or recreational resorts, buildings or facilities, involving a
total building floor area of greater than 1,000 square metres or a
potential total overnight accommodation level (visitors and staff
combined) in excess of 20 persons.