Environment Protection Act
2008 Revised Edition
CAP. 30.25
ENVIRONMENT PROTECTION ACT
Environment Protection Act CAP. 30.25 Arrangement of Sections
2008 Revised Edition
Page 3
ENVIRONMENT PROTECTION ACT
Arrangement of Sections
Section
PART I - PRELIMINARY 5
1 Short Title .............................................................................................................. 5
2 Interpretation.......................................................................................................... 5
3 Act to bind the Crown............................................................................................ 8
PART II - OBJECTIVES, FUNCTIONS AND POWERS 8
4 Objectives of the Act ............................................................................................. 8
5 Powers of the Minister ........................................................................................... 9
6 Delegation of functions and powers to the Director .............................................. 9
7 The Director of Environment............................................................................... 10
8 Delegation of powers by the Director .................................................................. 10
PART III - POWERS OF ENFORCEMENT 11
9 Environment Officers .......................................................................................... 11
10 Identification of Environment Officers................................................................ 11
11 Powers of Environment Officers ......................................................................... 11
12 Precautionary Notice............................................................................................ 13
13 Notice to Cease Activity ...................................................................................... 14
PART IV - NATIONAL ENVIRONMENT FORUM AND COUNCIL
AND ISLAND ENVIRONMENT COMMITTEES 15
14 The National Environment Forum and Council................................................... 15
15 Council to provide advice and to act as competent authority .............................. 15
16 Island Environment Committees.......................................................................... 16
PART V - ENVIRONMENTAL IMPACT ASSESSMENT 16
17 Monitoring of environmental impacts ................................................................. 16
18 Procedures for Environmental Impact Assessment ............................................. 17
Arrangement of Sections CAP. 30.25 Environment Protection Act
2008 Revised Edition Page 4
PART VI - POLLUTION CONTROL AND WASTE MANAGEMENT 17
19 Roles of the Department in relation to pollution and wastes................................17
20 Relationship with Marine Pollution Act...............................................................18
21 Regulations dealing with pollution control ..........................................................19
22 Regulations dealing with waste management ......................................................19
23 Regulations dealing with hazardous wastes and substances ................................20
PART VII - INTERNATIONAL AND REGIONAL ENVIRONMENTAL
OBLIGATIONS 21
24 Conventions to which this Act applies .................................................................21
25 Role of the department in relation to environmental conventions .......................22
26 Requirement to provide assistance, information, data etc. ...................................23
27 The precautionary principle .................................................................................23
28 Other Departments to assist with implementation and enforcement....................23
PART VIII - RESPONSES TO CLIMATE CHANGE 24
29 Policies and programmes to address climate change ...........................................24
PART IX - PROTECTION OF THE BIODIVERSITY 24
30 Department's roles to protect Tuvalu's biodiversity .............................................24
PART X - OFFENCES AND PENALTIES 25
31 Non compliance with environmental conditions..................................................25
32 Supplying false information .................................................................................25
33 Penalty for carrying out any activity or project without approval........................25
34 Activity to cease forthwith ...................................................................................26
35 Review of licence due to conviction ....................................................................26
36 Offences by corporations .....................................................................................26
37 General penalty for conviction .............................................................................26
PART XI - MISCELLANEOUS 27
38 Fees and forms .....................................................................................................27
39 Regulations...........................................................................................................27
40 Emergency regulations.........................................................................................29
41 Environment Officers not personally liable .........................................................29
42 Jurisdiction of the courts to try offences ..............................................................29
SCHEDULE 31
LIST OF INTERNATIONAL CONVENTIONS 31
Environment Protection Act CAP. 30.25 Section 1
2008 Revised Edition
Page 5
ENVIRONMENT PROTECTION ACT
AN ACT TO PROVIDE FOR THE PROTECTION AND MANAGEMENT
OF THE ENVIRONMENT IN TUVALU AND RELATED PURPOSES.1
Commencement [18 August 20082]
PART I - PRELIMINARY
1 Short Title
This Act may be cited as the Environment Protection Act.
2 Interpretation
(1) In this Act, unless the context otherwise requires —
“this Act” includes regulations made under this Act;
“approval” includes the granting of any consent, licence or permit required
under this Act or any other administrative policy directive concerning any
development;
“building” means any type of construction, whether on land or in the seas and
includes temporary structures and structures for the housing or containment of
livestock;
“Competent Authority” means any competent authority, National
Competent Authority or approved authority (and any other designation
provided for in a convention) which is required by a Convention to which this
Act applies for the purposes of administering aspects of the convention in
Tuvalu;
“conservation” includes protection, maintenance and preservation;
Section 2 CAP. 30.25 Environment Protection Act
2008 Revised Edition Page 6
“Convention” and “international convention” includes all Conventions to
which this Act applies, and any environment related forum, association,
meeting, agency or programme of an international or regional agency in
which Tuvalu is entitled to membership or participation;
“Conventions to which this Act applies” are the international environment
related conventions listed in the Schedule;
“Council” and “National Environment Council” means the National
Environment Council convened in accordance with section 14:
“Department” means the Department of Environment;
“development” means any enterprise or undertaking, for industrial or
commercial purposes which includes —
(a) the erection of a building or structure;
(b) the carrying out of work, in, on, over or under land or sea;
(c) the use of land, building, structure or work; and
(d) the subdivision of land;
“Director” means the Director of the Department of Environment, and any
person acting from time to time in the position of the Director;
“discharge”, includes depositing, allowing to escape, or failing to prevent
from being discharged any waste or noise into the environment or permitting
use of, visit to or occupation of land by people which it is beyond the facilities
on the land to cope with;
“environment” includes all natural, physical and social resources and
ecosystems or parts thereof, 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 activity may have on the environment;
“Environment Officer” means any officer appointed or empowered under
section 9;
“Falekaupule” means the traditional assembly in each island of Tuvalu
which, subject to the Falekaupule Act,3 is composed in accordance with the
Aganu of each island;
“Aganu” means the traditional local customs and usages of an island as given
under the Falekaupule Act;
“impact”, concerning the use, development or protection of the environment,
includes —
(a) a positive or adverse impact:
(b) a temporary or permanent impact;
(c) a past, present or future impact;
Environment Protection Act CAP. 30.25 Section 2
2008 Revised Edition
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(d) an impact which is cumulative over time or in combination with other
impacts regardless of its scale, intensity, duration or frequency; and
(e) any spatial dimension of such impacts (whether local, regional or
global);
“land” for the purpose of this Act includes:
(a) all things growing on land;
(b) buildings and other things permanently fixed to land; and
(c) land covered by water, such as reefs and the seabed of the Exclusive
Economic Zone or the continental shelf;
“licence” means a licence granted under this Act or any other law relevant to
the management of the environment;
“Minister” means the Minister for Natural Resources and Environment, or
such other Minister of the Crown charged by the Prime Minister with
responsibility for the administration of this Act;
“natural resources” includes land, soil, minerals, water, air, plants and
animals and their habitat (whether native or introduced);
“occupier”, concerning any premises, means a person who occupies or
controls those premises or a part of the premises (whether or not that person
owns the premises or that part of them);
“officer” includes an authorised employee of the Department of Environment,
and any other person duly authorised by the Minister in accordance with this
Act;
“pollutant” means any solid, liquid or gaseous substances or energy present
in such concentrating as may be, or tend to be, injurious to the environment or
human health;
“pollution” means the introduction by man directly or indirectly of
substances or energy into the environment which may result or likely to result
in such deleterious effects or harm to living resources and ecosystems and
hazards to human health including —
(a) the detriment or degradation of the environment; or
(b) the detriment of any beneficial use, and includes pollution as prescribed
by regulations;
“premises” means residential, commercial, industrial or other premises of any
kind and includes land or sea based, air or space launch or landing facility;
“prescribed form” means a form prescribed by regulations under this Act, or
in the absence of any relevant regulations, a form approved for any purpose
under this Act by the Minister;
“Precautionary notice” means a notice issued under section 12 of this Act;
Section 3 CAP. 30.25 Environment Protection Act
2008 Revised Edition Page 8
“seas” for the purpose of this Act includes waters within Tuvalu's Exclusive
Economic Zone, continental shelf and includes enclosed waters (whether
saltwater or fresh water), and lagoons;
“sustainable development” means the management or the human use,
development, conservation, protection, maintenance and enhancement of the
natural, physical and cultural resources of Tuvalu in a way or at a rate, which
enables people and communities to provide for their social, economic and
cultural well-being and to their health and safety while sustaining the potential
of natural and physical resources to meet the needs of future generations;
“waste” includes matter —
(a) in liquid, solid, gaseous or radioactive form (whether toxic or not) and
which is discharged into the environment; or
(b) which is the by product of any process activity or development with no
apparent value or beneficial function; or
(c) human excrement or faeces; or
(d) animal excrement or remains; or
(e) any other matter or thing which is prescribed by regulations made under
this Act to be waste.
(2) Where any power is given under this Act to regulate any matter, act or thing,
then that power shall include a power to prohibit any matter, act or thing for
the purpose of protecting the environment.
3 Act to bind the Crown
This Act shall bind the Crown.
PART II - OBJECTIVES, FUNCTIONS AND POWERS
4 Objectives of the Act
(1) The general objectives of this Act shall include —
(a) to coordinate the role of government in relation to environmental
protection and sustainable development;
(b) provide a mechanism for the development of environmental policy and
law;
(c) to promote a clean and healthy environment for all Tuvaluans;
(d) to prevent, control, monitor and respond to pollution;
(e) to promote public awareness and involvement in environmental issues
and the preservation of Iloga as it relates to the environment;
Environment Protection Act CAP. 30.25 Section 5
2008 Revised Edition
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(f) to facilitate compliance and implementation of obligations under any
regional and international environmental or natural resource agreements
or conventions to which the Government of Tuvalu has ratified or
acceded to;
(g) to facilitate sustainable development with respect to the management of
the environment and natural resources;
(h) to facilitate the assessment and regulation of environmental impacts of
certain activities;
(i) to promote the conservation and, where appropriate, sustainable use of
biological diversity and the protection and conservation of natural
resources, on the land, in air and in the sea;
(j) to reduce the production of wastes, and to promote the environmentally
sound management and disposal of all wastes.
5 Powers of the Minister
(1) The Minister shall be responsible for the proper administration of this Act.
(2) The Minister shall have power to do all things necessary or convenient to be
done to attain or further the objects of this Act, and any environment related
law which the Department is responsible for administering, including power
to —
(a) give approvals or grant any licence or authority as provided by any law;
(b) approve appropriate representatives of the Department at meetings and
forums related to any Convention listed in the Schedule, and any other
meeting related to the work of the Department;
(c) approve any report required to be prepared by the Department on behalf
of the Government;
(d) appoint advisory or technical committees;
(e) designate the Department or any other appropriate governmental
agency to be the focal point for the purpose of any Convention to which
this Act applies;
(f) set fees and charges in accordance with any power under this Act; and
(g) do any other related act or thing.
6 Delegation of functions and powers to the Director
(1) In exercising any function or power under this Act the Minister may, in
writing delegate to the Director, such functions and powers (either in part or
in whole) as may be necessary or appropriate for the efficient and effective
administration of that function or the exercise of that power.
Section 7 CAP. 30.25 Environment Protection Act
2008 Revised Edition Page 10
(2) Nothing shall prevent the exercise of any function or power by the Minister
during the period of any delegation of that power under this section.
7 The Director of Environment
(1) A Director of Environment shall be appointed as the head of the Department
in accordance with laws relating to the appointment of public servants.
(2) The Director shall be responsible, through the Permanent Secretary of the
Ministry, to the Minister for the efficient and proper administration and
management of the Department of Environment.
(3) Subject to the direction of the Permanent Secretary of the Ministry, the
Director shall have power to do all things necessary or convenient to be done
in relation to the proper administration of the Department and the
implementation of the provisions of this Act, and any other law relating to a
function of the Department, including the power to —
(a) do any act or thing authorised by this Act or any other law;
(b) prepare reports as required by the Cabinet, the Minister or the
Permanent Secretary, or which are required under any Convention
listed in the Schedule;
(c) engage consultants, in compliance with the government's processes, for
the purpose of assisting the Department to perform its functions;
(d) arrange for the investigation or monitoring of any activity that relates to
a function of the Department;
(e) recommend to the Minister appropriate representatives of the
Department at relevant meetings and conferences; and
(f) do any other related act or thing.
8 Delegation of powers by the Director
(1) The Director may by notice in writing, delegate to any other officer of the
Department of Environment, all or any of the Director's powers and functions
under this Act, except this power of delegation.
(2) Nothing shall prevent the exercise of any function or power by the Director
during the period of any delegation of that power under this section.
(3) The Director may delegate any power or responsibility under this section that
is any function or power delegated to the Director under section 6, or which
relates to the exercise of any such function or power.
Environment Protection Act CAP. 30.25 Section 9
2008 Revised Edition
Page 11
PART III - POWERS OF ENFORCEMENT
9 Environment Officers
(1) The Minister may appoint in writing any sufficiently qualified person to be an
Environment Officer, including employees of the Department of
Environment, police officers, quarantine officers, fisheries officers and public
health inspectors.
(2) The Minister, Director and all officers of the Department holding full time
positions are deemed to be environment officers for the purposes of this Act.
10 Identification of Environment Officers
(1) Each Environment Officer shall be furnished with an identification card
which shall be produced —
(a) if practicable, on each occasion before the Officer proceeds to act
pursuant to this Act; and
(b) if demanded by any person who is subjected to any exercise of a power
by an environment officer in accordance with this Act.
11 Powers of Environment Officers
(1) Subject to the provisions of subsections (2) and (3) an Environment Officer
may enter —
(a) any land or building (other than a dwelling house) at any time;
(b) a dwelling house at a reasonable time during daylight hours; and
(c) vessels, ships, aircraft, vehicles or other form of conveyance at any
time —
for the purposes of —
(i) monitoring the impact of any activity, matter or thing relating to
the environment;
(ii) investigating the commission of any offence or the breach of any
lawful obligation under a law relating to the protection or
management of the environment;
(iii) enforcing this Act or any other law relating to the protection or
management of the environment.
(2) An Environment Officer shall not exercise the powers conferred by subsection
(1)(a) or (b) except for the purpose of —
(a) ascertaining the nature and condition of the land, building, water or
reef; or
Section 11 CAP. 30.25 Environment Protection Act
2008 Revised Edition Page 12
(b) investigating an alleged offence of which an environment officer has
reasonable and probable grounds to believe that such entry will produce
evidence.
(3) The powers conferred by subsection (1)(a) and (b) shall not be exercised
unless reasonable notice has been given to the owner or occupier of the land,
building or dwelling house, or unless a search warrant has been obtained from
a magistrate or island magistrate.
(4) The provisions of the Penal Code (or any law which replaces the Penal Code)
shall apply to the issuance of search warrants for the purposes of this section.
(5) In the exercise of the powers conferred by this section, an Environment
Officer may —
(a) conduct such investigations and examinations as are necessary to
monitor the effects of any activity, matter or thing, or to determine
whether any offence has been committed;
(b) take samples for the purpose of analysis and testing;
(c) take photographs or measurements;
(d) require any person apparently associated with an activity under
investigation to state his or her full name, occupation and usual place of
residence;
(e) require the production of any document relevant to the activity, matter
or thing under investigation, including any licence or permit required
by law; and
(f) require from any person any assistance that is relevant to the
investigation or monitoring activity; and
(g) seize any item used in the commission of an offence against this Act, or
any law relating to the protection or management of the environment.
(6) Any person who —
(a) hinders or obstructs an Environment Officer in the performance of his
or her duties under this Act, or the exercise of a power under this Act;
(b) induces or incites any other person to hinder or obstruct an
Environment Officer acting in accordance with this Act;
(c) by words or conduct falsely represents that he or she is an Environment
Officer, or who otherwise impersonates an Environment Officer;
(d) fails to comply with a requirement made by an Environment Officer
under subsection (5)(2)(d), (e) or (f); or
(e) provides false or misleading information to an Environment Officer —
commits an offence, and shall be liable upon conviction to —
(i) a fine not exceeding $1,000 or to a term of imprisonment not
exceeding 3 months, if the person is an individual; or
Environment Protection Act CAP. 30.25 Section 12
2008 Revised Edition
Page 13
(ii) a fine not exceeding $5,000 if the offence is committed by a
corporation.
12 Precautionary Notice
(1) Where an Environment Officer suspects that an activity, matter or thing may
be impacting upon the environment, the Officer may issue a notice requiring
that any person apparently in control of or associated with the activity, matter
or thing comply with any requirement specified in subsection (2).
(2) A notice issued under subsection (1) may require all or any of
the following —
(a) that information be provided in relation to the activity, matter or thing
to satisfy the Director that the environment is not thereby being
adversely impacted upon;
(b) that alternative activities or operating techniques be considered and
employed to avoid or decrease the impact upon the environment;
(c) that improvements or alterations be made in relation to the activity,
matter or thing to the satisfaction of the Director, to avoid or decrease
the impact upon the environment; and
(d) any other requirement, as determined by the Director, to ensure that the
activity, matter or thing does not adversely affect the environment.
(3) Any person served with a notice under this section shall ensure that the
requirements stated in the notice are complied with within the time stipulated,
and shall satisfy the Director, prior to the expiration of that time, that the
activity, matter or thing is not adversely affecting the environment.
(4) Any person who, having been served with a Notice issued under
this section —
(a) fails to comply with a requirement stated in the Notice; or
(b) fails to satisfy the Director that an activity, matter or thing is not or is
no longer adversely impacting upon the environment within the time
stipulated —
commits an offence, and shall be liable upon conviction —
(i) where no adverse impact has been done to the environment, to a
fine not exceeding $1,000; or
(ii) where the environment has been adversely impacted upon, to a
fine not exceeding $25,000, or to imprisonment for a term not
exceeding 6 months.
Section 13 CAP. 30.25 Environment Protection Act
2008 Revised Edition Page 14
13 Notice to Cease Activity
(1) A Notice may be issued under this section whether or not a Precautionary
Notice has been served under section 12.
(2) Where, after receiving advice from the Director, the Minister is of the opinion
that there is occurring, or may occur, an act or activity which involves an
immediate threat or risk to the environment, the Minister may issue a Notice
under this section.
(3) A Notice issued under this section shall —
(a) be directed to any person, organisation or body whom the Minister
believes is carrying out the act or activity, or apparently has some
control over it;
(b) specify the act or activity and the nature of its effect upon the
environment; and
(c) require that the act or activity cease, or not be done, until the Minister is
satisfied that the threat or risk no longer exists.
(4) A Notice may be served under this section notwithstanding that any approval,
licence or permit has been granted in relation to the activity.
(5) The Minister and the Government shall not be liable in respect of any loss or
damage arising from, or in any way connected with, the issuing of a Notice
under this section.
(6) Any person who —
(a) having been served with a Notice issued under this section, fails to
comply with any of its terms;
(b) having been served with a Notice issued under this section, causes or
permits any other person to act in breach of its requirements; or
(c) knowingly acts in breach of the requirements of a Notice given under
this section, whether or not that person has been served with the
Notice,—
commits an offence and shall be liable upon conviction to a fine not
exceeding $25,000, or to a term of imprisonment not exceeding 1 year.
(7) In addition to any other penalty imposed under this section, a court may order
that any person convicted of an offence —
(a) do any act to reinstate the environment as far as practicable to its state
prior to the commission of the offence;
(b) pay to the Government any sum representing the cost of reinstating the
environment to its state prior to the commission of the offence; or
(c) pay any compensation to the Government, or to any other person
affected by the offence, in respect of the damage caused to
the environment.
Environment Protection Act CAP. 30.25 Section 14
2008 Revised Edition
Page 15
PART IV - NATIONAL ENVIRONMENT FORUM AND
COUNCIL AND ISLAND ENVIRONMENT COMMITTEES
14 The National Environment Forum and Council
(1) The Minister may, from time to time, convene a National Environment Forum
for the purposes of —
(a) considering any environment related matters of national importance;
(b) disseminating information about the programmes and activities of the
Department and the representation of the national interest of Tuvalu at
international meetings, conferences and forums; and
(c) ensuring that the general community has an opportunity to participate
in the formulation of environment related policies and the
implementation of environment related programmes and activities.
(2) In accordance with directions given by the Minister, the Director shall
convene meetings of the National Environment Council from time to time as
required for the purposes of this Act.
(3) Regulations made under this Act may make provision for —
(a) the appointment of members of the Forum and the Council;
(b) the procedures of the Forum and the Council;
(c) the functions, responsibilities and powers of the Forum and the
Council; and
(d) the establishment of advisory and technical committees of the Council,
and the functions and powers of such committees.
15 Council to provide advice and to act as competent authority
(1) The National Environment Council shall provide advice to the Minister on
matters relating to environmental protection and sustainable development
within and, where relevant, outside of Tuvalu.
(2) The Council may be designated by the Minister, or under any Act or
Regulations made under this Act, as the competent authority or implementing
authority for the purpose of any international convention to which this Act
applies.
(3) In the absence of any competent authority being designated for the purposes
of any Convention to which this Act applies, the Council shall have authority
to act as the competent authority as required by any Convention.
(4) In its capacity as a competent authority, the Council may lawfully perform
any function and exercise any power required to be performed or exercised in
Section 16 CAP. 30.25 Environment Protection Act
2008 Revised Edition Page 16
accordance with the relevant Convention, and any law which seeks to give
effect to the Convention in Tuvalu.
16 Island Environment Committees
(1) In accordance with section 35 of the Falekaupule Act a Kaupule may establish
an Island Environment Committee.
(2) A committee established under subsection 1 may —
(a) identify priority areas of environmental concern and to convey
information on such matters to the Department;
(b) participate in the programmes undertaken by the Department and
propose matters for inclusion in the work programme of the
Department;
(c) recommend to the Minister regulations to be made under this Act to
provide for the proper protection and management of the environment
in that island;
(d) provide representatives to the National Environment Forum.
(3) An Island Environment Committee may perform such roles and
responsibilities and exercise such powers —
(a) as are provided in any regulations made under this Act;
(b) as are delegated to the Committee by the Minister or the Director in
accordance with this Act; or
(c) as may be vested in the Committee by the Cabinet from time to time.
PART V - ENVIRONMENTAL IMPACT ASSESSMENT
17 Monitoring of environmental impacts
(1) The Director shall ensure that the Department monitors activities that are
likely to have, or are having an environmental impact in any area of land or
sea within the jurisdiction of Tuvalu.
(2) To address any environmental impacts determined to be affecting the
environment of Tuvalu —
(a) the Director may cause to be issued any precautionary notice under
section 12;
(b) the Minister may issue a notice under section 13 to require that any
activity cease; or
(c) the Minister may make orders to regulate such activities in accordance
with any regulations or emergency regulations made under this Act.
Environment Protection Act CAP. 30.25 Section 18
2008 Revised Edition
Page 17
18 Procedures for Environmental Impact Assessment
(1) Regulations made under this Act may provide for any aspect of a system of
environmental impact assessment to be applied in Tuvalu.
(2) Without limiting the generality of subsection (1), regulations relating to
environmental impact assessments may make provision for —
(a) the types of projects, developments and activities (including definitions
of major projects) which, if undertaken within Tuvalu, shall require a
prior environmental impact assessment, or such an assessment at any
time during the course of the establishment or operation of a project,
development or activity;
(b) the recognition of any assessments undertaken in other countries, and
any conditions which may be applied to such recognition for the
purposes of such assessments in Tuvalu;
(c) procedures for the assessment of environmental impacts, including any
reports, scientific testing or analysis or any other matter to verify any
aspect of an assessment;
(d) prescribed or approved forms and fees for any aspect of the assessment
of environmental impacts, including applications, reports, assessments,
findings and approvals;
(e) the powers of the Minister to determine, apply and enforce any
procedures for the assessment of environmental impacts in relation to
any type or specific project, development or activity;
(f) the establishment, composition, powers, functions and procedures of an
Environment Impact Assessment Taskforce;
(g) the granting of approvals and the imposition of general or specific
conditions;
(h) the enforcement of conditions which apply to approved projects,
developments or activities; and
(i) offences for the breach of any requirements applying to the system of
environmental impact assessment, and penalties for such offences being
fines not exceeding $10,000, and terms of imprisonment not exceeding
3 years.
PART VI - POLLUTION CONTROL AND WASTE
MANAGEMENT
19 Roles of the Department in relation to pollution and wastes
(1) The Department shall ensure that there is proper regulation and control of
pollution, littering, wastes (including hazardous wastes) in Tuvalu, and shall
Section 20 CAP. 30.25 Environment Protection Act
2008 Revised Edition Page 18
take appropriate measures to minimise the impacts of pollution, litter and
wastes on the environment.
(2) Without limiting the generality of subsection (1), the functions of the
Department in relation to pollution, litter and waste management
shall include —
(a) monitoring pollution and its effect on the environment;
(b) regulating polluters and controlling the activities of persons
causing pollution;
(c) implementing systems of licensing for persons causing pollution or
discharging pollutants and wastes into the environment;
(d) the maintenance of air and water quality;
(e) regulating hazardous wastes, including the disposal, storage and trans-
boundary movement of such wastes (and other hazardous substances) in
accordance with international conventions applying in Tuvalu, or
accepted international best practice;
(f) regulating waste collection and disposal systems, including landfills
and waste storage facilities;
(g) setting operational standards and applying guidelines for waste
management operations within Tuvalu;
(h) regulating and licensing of businesses dealing with wastes, including
recyclers;
(i) promoting composting, recycling and the efficient use of wastes;
(j) regulating the disposal and incineration of wastes in accordance with
laws applying in Tuvalu, and the international obligations binding
Tuvalu;
(k) raising public awareness and participation in relation to environment
and conservation issues, and participating in public educational
campaigns, programs and promotions dealing with waste management
and pollution control; and
(1) providing administrative and technical support to the Council and any
committee established under this Act, in relation to waste management
and pollution control.
20 Relationship with Marine Pollution Act
Compliance with the requirements of this Act shall not absolve a person from
separate compliance with any rights, obligations or authorities prescribed under the
Marine Pollution Act.
Environment Protection Act CAP. 30.25 Section 21
2008 Revised Edition
Page 19
21 Regulations dealing with pollution control
(1) The Minister, with the consent of Cabinet, may make regulations as may be
necessary or expedient for controlling pollution in Tuvalu.
(2) Without limiting the generality of subsection (1), regulations may be made —
(a) to prescribe the duties and obligations of owners and occupiers of
premises, buildings, lands, works, vessels and vehicles in relation to
avoiding or minimising pollution;
(b) for the licensing of premises, buildings, structures or works to
discharge wastes and pollutants, and all matters incidental to such
licensing systems;
(c) for the issue and enforcement of pollution abatement notices, or notices
requiring that polluting activities cease;
(d) to prescribe powers of environment officers in relation to
pollution control;
(e) to require the installation and maintenance of anti-pollution devices;
(f) to control noise pollution; and
(g) to prescribe offences relating to pollution.
22 Regulations dealing with waste management
(1) The Minister, with the consent of Cabinet, may make regulations as may be
necessary or expedient for the management of wastes in Tuvalu.
(2) Without limiting the generality of subsection (1), regulations may —
(a) provide for the effective management of wastes;
(b) prescribe litter and waste control measures;
(c) prohibit the importation, use or sale of any items which generate
wastes, or restrict such items so that the generation of wastes
is minimised;
(d) prescribe procedures for the collection of waste related information and
for its dissemination so as to raise awareness of waste related matters
and permit informed decision making to be made by all sections of the
community in relation to the minimisation of the generation of wastes
and the adverse effects of wastes on human health and the environment;
(e) provide for systems of registration and licensing of businesses dealing
with waste management and disposal;
(f) promote or regulate the recycling of wastes;
(g) specify toxic and hazardous wastes and regulate the manner in which
such wastes may be stored, transported and disposed of;
Section 23 CAP. 30.25 Environment Protection Act
2008 Revised Edition Page 20
(h) secure the observance and effective implementation of international
conventions and obligations relating to wastes applicable in Tuvalu, or
of general application within the South Pacific region; and
(i) require the observance of approved standards, rules, operating
procedures and codes of practices applying to agencies or businesses
that operate waste management or disposal services.
23 Regulations dealing with hazardous wastes and substances
(1) The Minister, with the consent of Cabinet, may make regulations as may be
necessary or expedient for regulating and managing hazardous wastes and
substances in Tuvalu.
(2) Without limiting the generality of subsection (1), regulations may make
provision for —
(a) the types of “hazardous wastes” and “hazardous chemicals” to be
regulated under this Act, and appropriate definitions for them;
(b) planning requirements (including compliance, implementation and
emergency planning) for government agencies and for companies and
persons involved in the management of hazardous substances;
(c) the implementation of relevant international standards and practices
related to the management of hazardous substances;
(d) the collection, evaluation and reporting of data;
(e) monitoring the effects of hazardous substances and the status of
implementation of the applicable Conventions related to them;
(f) responsibilities to maintain registers of hazardous substances, and for
information to be recorded in them;
(g) controls over imports and exports, including the tracking of shipments
and other border control activities such as customs codes and
identification measures;
(h) the imposition of requirements relating to containers, packaging and
labelling for hazardous substances;
(i) licensing, permit and certification systems, including permits for the
collection, transportation and disposal of hazardous wastes
and substances;
(j) requirements relating to the sound management of hazardous
substances, and the operation of waste management and
disposal facilities;
(k) requirements for the provision of safety equipment and procedures, and
for the training of employees working with hazardous substances;
(l) specific provisions relating to managing radioactive wastes and
substances in Tuvalu's jurisdiction, including regulating or prohibiting
Environment Protection Act CAP. 30.25 Section 24
2008 Revised Edition
Page 21
the importation of equipment and materials which may generate or
become radioactive wastes;
(m) obligations to minimise pollution from wastes and substances, and to
minimise the consequences of any pollution incidents;
(n) reporting requirements in relation to pollution incidents, discharges,
likely impacts on human health and the environment and other relevant
matters (including protections for persons making such reports);
(o) all aspects of the enforcement framework by the Competent Authority
under any applicable convention and other agencies, including the
promotion of inter-agency cooperation and coordination;
(p) promoting cooperation in the taking of legal proceedings for breaches
of legal requirements related to hazardous substances;
(q) powers of relevant agencies to obtain information;
(r) the provision of powers and facilities to monitor and verify compliance,
and to order remedial or preventive action;
(s) the promotion and enforcement of environmentally sound management
practices and the adoption of new environmentally sound technologies;
(t) the imposition of “user fees” and the “polluter pays” principles;
(u) controls over the incineration and dumping of hazardous wastes
and substances;
(v) regulating and rehabilitating areas and buildings contaminated by
hazardous substances;
(w) the effective involvement of community and industry representatives in
planning and decision making processes;
(x) the provision of relevant information, education and training
programmes; and
(y) facilitating the implementation of regional and sub-regional initiatives
concerning the proper management of hazardous substances.
PART VII - INTERNATIONAL AND REGIONAL
ENVIRONMENTAL OBLIGATIONS
24 Conventions to which this Act applies
(1) Subject to subsection (2), the Conventions listed in the Schedule are the
Conventions to which this Act applies.
(2) The list of Conventions in the Schedule may be added to or deleted from by
Regulations made under this Act.
(3) In this Part, “Convention” means a Convention to which this Act applies.
Section 25 CAP. 30.25 Environment Protection Act
2008 Revised Edition Page 22
25 Role of the department in relation to environmental conventions
(1) Nothing in this section shall affect or restrict the role of any other Department
or agency of Government in relation to a Convention to which this Act
applies, and in particular the provisions of this Part do not apply to any
Convention relating to the fisheries of Tuvalu which are the responsibility of
the Department of Fisheries to implement.
(2) The roles of the Department in relation to a Convention to which this Part
applies shall include —
(a) making arrangements for the attendance at any meeting of the Parties of
a Convention, and other relevant meetings, of a suitably qualified
person to represent the interests of the Government of Tuvalu;
(b) liaising with relevant regional or international bodies to ensure that the
representation of the Government of Tuvalu at any meeting concerning
a Convention is informed and effective;
(c) accessing and utilising available funds and resources by preparing and
submitting project proposals and undertaking programs to implement
the Conventions;
(d) assisting any other Department and agency of Government, or the
Councillor any Committee established under this Act, to implement any
aspect of a Convention;
(e) preparing any necessary Report, and reporting on a regular basis to the
Minister and Cabinet in relation to the implementation of
any Convention;
(f) sharing information and otherwise providing such cooperation as is
required by any Convention;
(g) recommending that any law of Tuvalu be amended or enacted in order
to effectively implement any requirement of a Convention; and
(h) doing any other act or thing (in conjunction with any other relevant
Department or agency of Government) to implement any obligation
under a Convention.
(3) In addition to the roles of the Department under this regulation, the
Department may be designated by the Minister, or under any Act or
regulations, as the focal point for the purposes of any Convention to which
this Part applies.
(4) As focal point, the Department shall perform such roles and duties as are
necessary to implement any Convention to which this Act applies, and which
may be vested in it by any Act or regulations making provision for any such
Convention to be implemented in Tuvalu.
Environment Protection Act CAP. 30.25 Section 26
2008 Revised Edition
Page 23
26 Requirement to provide assistance, information, data etc.
(1) Where any Convention to which this Act applies requires that any report be
made, or that any information or data be collected and provided, the Minister
may make a written request to any person to provide relevant information or
data.
(2) Any person to whom a written request has been made under sub-section (1)
who, without reasonable justification, refuses or fails to comply with the
request, commits an offence and shall be liable upon conviction to a fine not
exceeding $500.
27 The precautionary principle
(1) All persons and agencies having responsibilities under this Act, or whose
functions and powers may relate to any matter or thing involving the
management of the environment in Tuvalu, or the regulation, control, or
management of any substance, matter or thing which may adversely impact
upon Tuvalu's environment, shall apply the precautionary approach when
discharging their responsibilities and functions, or exercising their powers.
(2) To clarify the application of subsection (1), the precautionary approach is
applied if, in the event of a threat of damage to Tuvalu's natural resources or
to the environment of Tuvalu, or a risk to human health in Tuvalu, a lack of
full scientific certainty regarding the extent of adverse effects is not used as a
reason for not acting to prevent or minimise the potential adverse effects or
risks arising in any way from a matter or thing regulated under any law.
28 Other Departments to assist with implementation and enforcement
(1) To effectively implement the Conventions to which this Act applies, all
Departments and agencies of Government shall apply the regulatory powers
under the laws that they are responsible for administering to regulate or
prohibit any activity, matter or thing in accordance with any —
(a) decision made by the National Environment Council; or
(b) at the request of the Minister.
(2) Action shall be taken in accordance with subsection (1) to —
(a) regulate any business activity that is in breach of a Convention to which
this Act applies;
(b) control any trans-boundary movement of any controlled substance, item
or thing; or (c) properly safeguard, store or dispose of any controlled
substance, item or thing.
Section 29 CAP. 30.25 Environment Protection Act
2008 Revised Edition Page 24
PART VIII - RESPONSES TO CLIMATE CHANGE
29 Policies and programmes to address climate change
(1) In conjunction with other Departments, each Kaupule, and relevant
international agencies, and through the involvement of the community, the
Department shall formulate, apply and implement strategies and
programs to —
(a) raise the level of understanding throughout the world about the
implications of climate change, and activities which contribute to
climate change, on Tuvalu and the future of its people;
(b) promote understanding amongst the people of Tuvalu about the causes
and implications of climate change;
(c) address the effects of climate change within Tuvalu on its water
resources, coastal areas, lands and land usage, food security,
biodiversity, fisheries, economic welfare, public infrastructure and its
vulnerability to natural disasters;
(d) implement programs and facilitate projects to protect its water
resources, coastal areas, mangroves, lands, biodiversity, fisheries and
public infrastructure, and to contribute to the health well-being and
livelihoods of Tuvaluans; and
(e) participate in international conventions and forums with a view to
obtaining the fullest possible assistance to address the implications of
climate change and undertake adaptation initiatives.
(2) Regulations made under this Act may provide for any matter associated with
the response in Tuvalu to climate change, and to implement strategies and
programs formulated in accordance with subsection (1), and may —
(a) provide for the protection and conservation of Tuvalu's fresh
water resources;
(b) provide for matters concerning drought prevention and response; and
(c) provide for the protection, improvement and expansion of relevant
public infrastructure.
PART IX - PROTECTION OF THE BIODIVERSITY
30 Department's roles to protect Tuvalu's biodiversity
(1) The Department shall formulate, apply and enforce policies and programs for
the protection of the biodiversity in Tuvalu, and in particular for —
(a) the control and eradication of invasive species;
Environment Protection Act CAP. 30.25 Section 31
2008 Revised Edition
Page 25
(b) the protection and conservation of Tuvalu's endemic species;
(c) the recognition, protection and application of traditional knowledge,
innovations and practices in relation to the management, protection and
utilisation of Tuvalu's biological diversity;
(d) the declaration and management of protected areas, and the
implementation of special measures to conserve Tuvalu's
biological diversity;
(e) regulating access to genetic resources within Tuvalu, and the equitable
sharing of benefits arising from the development and exploitation of
such resources;
(f) promoting access to and transfer of technologies relevant to Tuvalu's
biological diversity;
(g) implementing plans, strategies and measures for the rehabilitation and
restoration of degraded eco-systems, and for the rehabilitation of
degraded lands; and
(h) implementing systems for the monitoring of and reporting on issues and
matters relevant to or affecting Tuvalu's biological diversity.
(2) Regulations may be made under this Act in relation to any of the matters
relevant to Tuvalu's biodiversity as provided for in subsection (1).
PART X - OFFENCES AND PENALTIES
31 Non compliance with environmental conditions
(1) Any person who fails to comply with any condition of a licence, permit or
approval granted 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, and in the case of a corporation to a fine not exceeding $10,000.
32 Supplying false information
(1) Any person who knowingly supplies false information in any application
made under this Act or when otherwise required to provide 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, and in the case of a
corporation to a fine not exceeding $20,000.
33 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
Section 34 CAP. 30.25 Environment Protection Act
2008 Revised Edition Page 26
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 meet the costs of reinstating the site or
area affected to its original condition.
34 Activity to cease forthwith
(1) Where a person is charged with an offence under this Act, the activity for
which that person is charged must cease immediately.
(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.
35 Review of licence due to conviction
(1) Where a person is convicted of an offence under this Act, a magistrate may
order the revocation of any licence, permit or approval held by the offender
which is relevant to the offence which has been committed, or refer the matter
back to the Minister for a review of the licence, permit or approval, or any
application for such a licence, permit or approval.
36 Offences by corporations
(1) Where a corporation is guilty of an offence under this Act, any officer,
director, or agent of such corporation who authorised, assented to or
participated in, or by his or her neglect or omission contributed to the
commission of the offence, is a party to the offence and shall be liable upon
conviction to the penalty provided for the offence.
37 General penalty for conviction
(1) Any person who commits any offence against this Act for which no penalty is
elsewhere prescribed shall be liable on conviction by a competent court as
follows —
(a) in the case of a first offence to a fine not exceeding $10,000 or to
imprisonment for a tern not exceeding 5 years; and
(b) in the case of a second or subsequent offence, to a fine not exceeding
$15,000 or to imprisonment for a term not exceeding 10 years; and
(c) in addition the Court convicting such person may order such person
within a time specified in the order to do any act that he or she had
failed, refused or neglected to do, or to remove or stop any waste or
Environment Protection Act CAP. 30.25 Section 38
2008 Revised Edition
Page 27
pollution of the environment caused by such person at such person's
own cost and a person who does not duly comply with such an order
commits an offence and shall be liable on conviction to a fine not
exceeding $20,000 or to imprisonment for a term not exceeding 15
years.
PART XI - MISCELLANEOUS
38 Fees and forms
(1) Where any service, approval, permission, certification or inspection is
provided, performed or undertaken by the Department in relation to any of its
functions, the Department may —
(a) impose a fee or charge that is fixed by any law, or by any regulation
made under this Act; or
(b) where no law or regulation sets the fee or charge, impose a fee or
charge that is determined by the Minister.
(2) Notice of fees and charges set under subsection (1)(b) shall be published in
the Gazette and may have retrospective effect so as to validate any fees and
charges already incurred.
(3) Nothing in this section shall prevent the Director from setting and imposing a
charge in relation to the professional services provided by any officer of the
Department, or for the performance of any inspection or the grant of any
certification.
(4) The Minister may approve any form of application, approval, authority, notice
or certificate for any purpose associated with the implementation of this Act,
if no relevant form is prescribed by regulations made under this Act.
39 Regulations
(1) The Minister, with the consent of Cabinet, may make regulations as provided
for in this Act, or which may be necessary or expedient for giving effect to
this Act and for its due administration.
(2) Without limiting the generality of subsection (1), regulations may be made,
inter alia:
(a) to clarify or add to any definition in section 2 or in any Convention to
which this Act applies, or to provide any definition for any term used in
any regulations;
(b) providing for additional powers of the Minister and the Director to
implement this Act, and to meet its objectives;
Section 39 CAP. 30.25 Environment Protection Act
2008 Revised Edition Page 28
(c) providing for the appointment of additional officers to implement
regulations made under this Act, and for additional powers of officers;
(d) relating to the Forum and Council as provided for in section 14;
(e) to vest roles, responsibilities and powers in Island Environment
Committees established in accordance with section 16;
(f) relating to the procedures and powers for undertaking monitoring of the
environment, and for recording or reporting on such monitoring;
(g) for any aspect of the assessment of environmental impacts in
accordance with Part V;
(h) relating to the control of pollution and the regulation of wastes
(including hazardous wastes and substances) in accordance with Part
VI;
(i) providing for the regulation or prohibition of the importation of goods
or products that may contribute to the increase in waste;
(j) to implement any Convention to which this Act applies, and to meet the
obligations under any such Convention, or to enjoy the rights arising
from such Conventions;
(k) to vest powers in any officer, person, governmental agency or other
body in relation to the implementation of any Convention to which this
Act applies;
(l) to provide for the functions and powers of competent authorities for the
purposes of any Convention to which this Act applies, which may be
stated as general powers of competent authorities, or as specific powers
in relation to any of the Conventions;
(m) to clarify the application of the precautionary principle, and to require
its specific application in relation to any procedure, matter or thing;
(n) to effectively respond to any matter arising from changes to climate or
sea levels in accordance with Part VIII;
(o) to protect the biodiversity in accordance with Part IX;
(p) providing for the regulation or prohibition of the trade in wildlife;
(q) providing for the protection, preservation and management of historic
areas;
(r) providing for the rehabilitation of any contaminated, polluted or
degraded land;
(s) prescribing any necessary forms, and imposing any fees; and
(t) to prescribe offences and impose penalties for breaches of any
regulations, being fines not exceeding $25,000, or terms of
imprisonment not exceeding 3 years
(3) In relation to all regulations made under this Act the provisions of section 41
(2) of the Interpretation and General Provisions Act do not apply, and the
Environment Protection Act CAP. 30.25 Section 40
2008 Revised Edition
Page 29
penalties which may be prescribed for offences committed against the
regulations may be set at any level up to the maximum penalties provided for
under this subsection (2)(t).
40 Emergency regulations
(1) Where a situation arises that in the opinion of the Minister poses a threat or
risk to the environment that requires the immediate making of Regulations in
order to protect the environment of Tuvalu, the Minister may make
Emergency Regulations in accordance with this section.
(2) All emergency regulations made under this section —
(a) shall be consistent with section 39(2) or any other provision of this Act
under which regulations may be made;
(b) shall take effect immediately upon its making by the Minister;
(c) shall be referred to the Cabinet for ratification as soon as is practicable;
and
(d) shall continue to have full force and effect unless ratification by
Cabinet is declined.
(3) An emergency regulation made in accordance with this section shall take
effect notwithstanding that notice of it has not been published by exhibition in
accordance with section 25(1) of the Interpretation and General Provisions
Act.
41 Environment Officers not personally liable
(1) The Minister, Director, all environment officers and other officers of the
Department shall not be liable for any loss or damage, or be subject to any
criminal prosecution, in relation to the reasonable exercise in good faith of
any power under this Act or any other law, or for any omission to act.
42 Jurisdiction of the courts to try offences
(1) Notwithstanding any provision of the Magistrates’ Courts Act (Cap. 2) to the
contrary, the trial of all cases involving offences under this Act or any
regulations made under this Act may be heard by the Senior Magistrate's
Courts which may impose any punishment up to the full penalty prescribed
under this Act or regulations.
(2) Nothing in subsection (1) affects the jurisdiction of a Magistrate's Court to
hear and determine any case involving an offence against this Act which falls
within its jurisdiction as provided for in the Magistrates' Courts Act.4
Section 42 CAP. 30.25 Environment Protection Act
2008 Revised Edition Page 30
(3) Regulations made under this Act may provide for any offence under the
regulations to be heard and determined by an Island Court in accordance with
the Island Courts Act.5
Environment Protection Act CAP. 30.25 SCHEDULE
2008 Revised Edition
Page 31
SCHEDULE
LIST OF INTERNATIONAL CONVENTIONS
1. United Nations Framework Convention on Climate Change
(Adopted at New York on 9 May 1992)
2. The Kyoto Protocol to the United Nations Framework Convention on Climate
Change.
(Adopted at Kyoto on 11 December 1997)
3. Vienna Convention for the Protection of the Ozone Layer
(Adopted at Vienna on 22 March 1985)
4. Montreal Protocol on Substances that deplete the Ozone Layer
(Adopted at Montreal on 16 September 1987)
5. Convention on Biological Diversity
(Adopted June 1994)
6. Cartagena Protocol to the Convention on Biological Diversity
(Adopted at Montreal on 29 January 2000)
7. United Nations Convention to Combat Desertification
(Adopted at Paris on 23 November 1972)
8. Convention to Ban the Importation into Forum Island Countries of Hazardous
and Radioactive Waste and to Control the Transboundary Movement and
Management of Hazardous Waste within the South Pacific region.
(Adopted at Waigani, PNG on 16 September 1995)
9. Convention for the Protection of the Natural Resources and Environment of
the South Pacific Region
(Adopted at Noumea, New Caledonia on 24 November 1986) and the —
• Protocol concerning Cooperation in Combating Pollution Emergencies
in the South Pacific Region
• Protocol for the Prevention of Pollution of the South Pacific Region by
Dumping
10. Agreement Establishing the South Pacific Regional Environment Program
(SPREP Convention)
11. Stockholm Convention on Persistent Organic Pollutants
(Adopted at Stockholm on 23 May 2001)
SCHEDULE CAP. 30.25 Environment Protection Act
2008 Revised Edition Page 32
12. Convention on International Trade in Endangered Species of Wild Fauna and
Flora
(Adopted at Washington on 3 March 1973)
ENDNOTES
1 Act 2 of 2008
2 LN 5/2008
3 Cap. 4.08
4 Cap. 7.36
5 Cap. 7.32
