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[F.A.Q.]
Cook Islands Sessional Legislation |
COOK ISLANDS
ANALYSIS
Title
1.
Short title
2.
Interpretation
3. Act to bind the
Crown
4. Application of this
Act
PART
1
TU'ANGA
TAPOROPORO
5. National Environment
Service
6. Service to report
annually
7. Director of
Service
8. Delegation of
powers
9. Functions of
Service
10. General powers of
Service
PART
2
ISLAND
ENVIRONMENT AUTHORITIES
11. Islands Environment
Authorities
12. Functions of Island
Environment Authorities
13.
Chairperson
14. Tenure of office of
appointed members
15. Meetings of
Island Environment Authorities
16.
Minutes of meetings
17. Remuneration
of Authority members
18. Disclosure of
conflicting interests
19. Special
meetings
PART
3
NATIONAL
ENVIRONMENT COUNCIL
20. National Environment
Council
21. Meetings of the
council
22. Minutes of
meetings
23. Disclosure of conflicting
interests
PART
4
ENVIRONMENT
OFFICERS
24. Island Environment
Officers
25. National Environment
Officers
26. Jurisdiction of
Environment Officers
27. Powers of
Environment Officers
28. Additional
powers of Environment Officers
29.
Warrants to inspect dwelling house, seize property, or arrest
persons
30. Interference with work of
Island Environment Authority or
Service
31. Assaulting or threatening
officers
32. Impersonation of
officers
33. Release of seized
property
34. Order for
forfeiture
35. Disposal of forfeited
property
PART
5
ENVIRONMENTAL
IMPACT ASSESSMENT
36. Environmental Impact
Assessment
PART
6
MANAGEMENT PLANS
AND PROTECTED AREAS
37. Management
Plans
38. When management plans come
into effect
39. Amendment or
substitution of plans
40. Effects of
plans
41. Protected
areas
42. Document to be
registered
43. Cancellation of
notification
PART
7
CONTROL OF
LITTER
44.
Interpretation
45. Control of litter
in public places
46. Designation or
approval of waste disposal areas
47.
Occupiers or private land to clear
litter
48. Offences relating to
litter
49. Wilful breaking of bottles
or glass
PART
8
SPECIFIC AREAS OF
CONCERN
50. Protection of foreshore
and Cook Islands waters
51. Pollution
of Cook Islands waters and inland
waters
52. Permitting authority may
require or take remedial action
53.
Emergency provisions
54. Pollution
levy
55. Protection of
species
56. Disposal of toxic
chemicals
57. Excavations on slopping
land
58. Protection of
wetlands
59. General
penalties
60. Liability of principals
and agents
PART
9
ENVIRONMENT
PROTECTION FUND
61. Environment Protection Fund
PART
10
FINANCIAL
PROVISIONS
62. Funds of the
Service
63.
Accounts
64. Financial and fiscal
responsibility
65. Exemption from
taxation
PART
11
COOK ISLANDS
ENVIRONMENT FORUM
66. The Forum
PART
12
REGISTRATION OF
ORGANISATIONS
67. Voluntary registration of environmental organisations
PART
13
MISCELLANEOUS
68. Protection of Environment
Officers and members of Island Environment Authorities or National Environment
Council
69.
Contracts
70.
Regulations
71. General provisions as
to regulations
72. Adoption of Outer
Island by-laws
73.
Repeals
74. Consequential
amendment
75. Transitional and savings
provisions for former Service and former Tu'anga
Taporoporo
76. Transitional provisions
for Director
77. Transitional
provision for former Environmental Council and former Environment Officers
Schedules
------------------------------------------
2003, No. 22
An Act to repeal the Rarotonga Environment Act 1994-95 and to provide for the protection, conservation, and management of the environment in a sustainable manner.
(19 November 2003
BE IT
ENACTED by the Parliament of the Cook
Islands in Session assembled, and by the authority of the same as
follows:
1.
Short
title - This Act may be cited as the
Environment Act 2003.
2.
Interpretation
- In this Act, unless the context otherwise requires -
"Animal" means any species, alive or dead, of the animal kingdom (other than human beings), and includes the following:
(a) marine animals;
(b) terrestrial animals;
(c) migratory animals that occasionally visit the Cook Islands or Cook Islands waters;
(d) any part of an animal's life cycle, such as eggs or parts of eggs;
(e) any part of animals or animal products such as skin, feathers, horn, shell or other part of an animal;
"Appointed member", in relation to an Island Environment Authority means a member of the Authority appointed by the Minister in accordance with the Schedule;
"Authority" means an Island Environment Authority;
"Aronga Mana" includes those persons invested with a title in accordance with the native custom and usage of the islands of the Cook Islands which that title is derived and which title is recognised by such custom and usage as entitling the holder to be a member of the Aronga Mana of the Cook Islands;
"Chairperson" -
(a) Means a person appointed under section 13 as the chairperson of an Island Environment Authority; and
(b) Includes a member appointed to the position of chairperson for a particular meeting in the absence of the person referred to in paragraph (a);
"Council" means the National Environment Council;
"Constable" means any member of the police, of any rank;
"Conveyance" means any vessel, aircraft, vehicle, or other means of transportation;
"Cook Islands waters" includes the following:
(a) the internal waters of the Cook Islands as defined by section 4 of the Territorial Sea and Exclusive Economic Zone Act 1977;
(b) the territorial sea;
(c) the exclusive economic zone;
"Court" means the High Court of the Cook Islands;
"Director" means the Director of the Service;
"Discharge" includes, but is not limited to spill, leak, pump, pour, emit, empty or dump;
"Dwelling house" means a building that is used or intended to be used principally as a residence;
"Environment" -
(a) Means the ecosystems and the equality of those ecosystems as well as the physical, biological, cultural, spiritual, social and historic processes and resources in those ecosystems; and
(b) Includes -
(i) land, water, air, animals, plants and other features of human habitat; and
(ii) those natural, physical, cultural, demographic, and social qualities and characteristics of an area that contribute to people's appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes;
"Environment Protection Fund" means the account known by this name (within the Cook Islands Government Account) established by section 4 of the International Departure Tax Act 1984 (as inserted by section 2 of the International Departure Amendment Act 1994);
"Environment Officer" means an Island Environment Officer or a National Environment Officer;
"Exclusive economic zone" means the exclusive economic zone Cook Islands as defined by section 8 of the Territorial Sea and Exclusive Economic Zone Act 1977;
"Financial year" means a period of 12 months ending on the 30th of June;
"Foreshore" means:
(a) in relation to Rarotonga -
(i) all that area between the mean high water mark and a line connecting those points landward and measured at right angles to a distance 30 metres from the mean high water mark or to the edge of the vegetation, whichever shall be the greater distance; and
(ii) every estuary, stream or river together with the bed of any stream or river and includes that area extending landward and measured at right angles from the mean high water mark in that estuary to a distance 5 metres landward from the edge of the vegetation; and
(b) in relation to any Outer Island to which this Act applies -
(i) any area specified to be foreshore by the Island Environment Authority for the island concerned and approved for this purpose by the Queen's Representative by Order in Executive Council;
(ii) in the absence of any such order for an island, any area prescribed by regulations to be foreshore for the island, after consultation with the Island Environment Authority for the island concerned;
"Former Environment Council" means the Environment Council established under the Rarotonga Environment Act 1994-95 and subsisting immediately before the coming into of this Act;
"Former Service" means the Environment Service established under the Rarotonga Environment Act 1994-95 and subsisting immediately before the coming into force of this Act;
"Former Tu'anga Taporoporo" means the body known as the Tu'anga Taporoporo established under the Rarotonga Environment Act 1994-95 and subsisting immediately before the coming into force of this Act;
"Forum" means the Cook Islands Environment Forum convened under section 66;
"Gazette" means the Cook Islands Gazette published by the Parliament of the Cook Islands;
"Government" means the Government of the Cook Islands;
"Inland waters" means the waters and banks of any stream, river, or lake together with the bed (whether dry or not) of any system, river or lake (for the purposes of this definition "bank" shall include all that area of land extending away from the stream, river, or lake and measured at right angles to a distance of 5 metres from the bank of that stream, river and lake);
"Internal waters", in relation to any island, means any area of the sea that is on the landward side of the baseline of the territorial sea (that baseline being determined in relation to the island concerned in accordance with section 5 of the Territorial Sea and Exclusive Economic Zone Act 1977);
"Island"-
(a) means -
(i) Rarotonga; or
(ii) any Outer Island; and
(b) includes the internal waters of the island or islands concerned;
"Island State Government" means an Island State Government established under the Island State Government Act 2003;
"Island Environment Authority" means an Island Environment Authority established under section 11;
"Island Environment Officer" -
(a) means an Island Environment Officer appointed under section 24; and
(b) includes a person deemed to be an Island Environment Officer for Rarotonga under section 77;
"Kavana Tutara" means the person or persons elected as Kavana Tutara under the Island State Government Act 2003;
"Konitara Tutura" means the chairperson of a Konitara Vaka under the Rarotonga Local Government Act 1997;
"Konitara Vaka" means a Konitara Vaka established by the Rarotonga Local Government Act 1997;
"Mean high water mark" means the line of medium high tide between the spring and neap tides;
"Member of Parliament" in relation to an island, means a member of Parliament for a constituency on the island;
"Minister" means the Minister for the Environment or such other Minister of the Crown charged by the Prime Minister with responsibility for the administration of this Act;
"National Environment Council" means the ad hoc council established under section 20;
"National Environment Officer" -
(a) means a National Environment Officer appointed under section 25(1); and
(b) includes any person deemed to be a National Environment Officer under section 25(6);
"National Environment Service" or "Tu'anga Taporoporo" -
(a) means the body corporate established by section 5; and
(b) includes any of its divisions or offices;
"Native" means a person of the Polynesian race indigenous to the Cook Islands and includes a person who is a descendant of a native;
"Native customary land" means land, which being vested in the Crown, is held by natives under the native customs and usage of the Cook Islands;
"Native freehold land" means land which, or any undivided share in which, is owned by a native by way of a beneficial estate in fee simple, whether legal or equitable;
"Native land" means native customary land or native freehold land;
"Natural resources" includes land, water, air, soil, minerals, energy, and all forms of plants and animals (whether native to the Cook Islands or introduced);
"Occupier", in relation to any premises, -
(a) means any lessee, licensee or other occupant of the premises; and
(b) includes the owner of the premises or an agent of the owner; and
(c) includes any person in charge of the premises;
"Offence against this Act" includes any offence against a regulation made under this Act;
"Outer Island" -
(a) means any island or group of islands in respect of which an Island State Government has functions, powers, or duties under the Island State Government Act 2003; and
(b) includes the internal waters of the island or islands concerned; and
(c) for the avoidance of doubt, excludes the island of Suwarrow and its internal waters;
"Permitting authority", -
(a) in relation to an act, omission, or other activity on or in relation to Rarotonga or an Outer Island to which this Act applies, means the Island Environment Authority for the island concerned; and
(b) in any other case, means the National Environment Council;
"Person" includes the Crown, or any Government department, Crown-funded agency, or public authority (for example a statutory authority or board, an Island State Government, or a Konitara Vaka);
"Plant" includes any plant, tree, shrub, herb, flower, nursery stock, culture, vegetable, portion or product of any plant;
"Pollution" means the introduction, either directly or indirectly, of substances or energy into the environment, which results in -
(a) deleterious effects that are harmful to living resources or marine life; or
(b) hazards to human health; or
(c) hindrance to marine activities including fishing and other legitimate uses of the sea; or
(d) impairment of quality for use of water, air or soil; or
(e) reduction of amenities; or
(f) the creation of a nuisance;
"Premises" includes the following:
(a) any conveyance;
(b) any building or other structure;
(c) any land;
(d) any body of water;
"Protected species" means any species of animal or plant designated as a protected species under section 55 or regulations;
"Rarotonga" includes the internal waters of Rarotonga;
"Registered organisation" means an organisation registered under Part 12 of this Act;
"Regulation" means a regulation made under this Act;
"Service" means the National Environment Service or Tu'anga Taporoporo;
"Species" means a group of organisms capable of inter-breeding freely with each other but (usually) not with a member of other species includes any recognised sub-species or other taxon below a sub-species, and any recognisable variant of sub-species or taxon;
"Territorial sea" means the territorial sea of the Cook Islands as defined by section 3 of the Territorial Sea and Exclusive Economic Zone Act 1977;
"Vessel" means every description of watercraft or other artificial contrivance used or capable of being used as a means of transportation on water;
"Wetlands" -
(a) means areas of marsh, swamp or water, whether -
(i) natural or artificial;
(ii) permanent, seasonally flooded or temporary;
(iii) with water that is static or flowing, or fresh brackish or salty; and
(b) includes water storage reservoirs, taro swamps and fish ponds;
"Wildlife" means:
(a) animals and plants that are indigenous or naturalised to the Cook Islands; and
(b) any other animals and plants prescribed by regulation.
3.
Act to bind
the Crown - This Act shall bind the
Crown.
4.
Application
of this Act - (1) On its coming into
force, this Act applies throughout the Cook Islands (including the territorial
sea and exclusive economic
zone) except as otherwise provided by subsection
(2).
(2) This Act shall apply to
the islands of Rarotonga, Atiu and Aitutaki but shall not apply to any other
Outer Island unless otherwise
specified by the Queen's Representative by Order
in Executive Council.
(3) No Order
in Executive Council may be made under subsection (2) specifying that this Act
applies to an Outer Island unless -
(a) all of the members of Parliament for the island concerned submits a written request to the Minister for such an order to be made; and
(b) the Director certifies in writing to the Minister that the Island State Government has consulted all sectors of the community on the island concerned (including members of Parliament and the Aronga Mana of that island, and the Ui Ariki of that island, if distinct from the Aronga Mana) before requesting the order.
(4)
If any regulation or order made under this Act is inconsistent with an Island
State Government bylaw, or a provision in a shared
resource management agreement
or management plan, the regulation or order shall prevail.
PART
1
TU'ANGA
TAPOROPORO
5.
National
Environment Service - (1) This section
establishes a body to be called the National Environment Service or Tu'anga
Taporoporo.
(2) The Service
-
(a) is a body corporate with perpetual succession and a common seal; and
(b) is capable of holding real and personal property and of suing and being sued; and
(c) is capable of doing and suffering all such other acts and things as corporations may lawfully do and suffer.
(3)
The head office of the Service shall be based in Rarotonga with a separate
division or office of the Service to be established
on each Outer Island to
which this Act applies.
6.
Service to
report annually - (1) The Service must
within one month of the end of each financial year -
(a) make a report to the Minister on -
(i) the work of the Service during the financial year;
(ii) any other matter that the Service considers necessary or desirable; and
(b) send the chairperson of each Island Environment Authority a copy of the report.
(2)
The Minister must lay a copy of the report before Parliament -
(a) within 28 days of receiving the report, if Parliament is then in session; and
(b) if not, within 28 days after the commencement of the next ensuing session of Parliament.
(3)
Notwithstanding subsection (2), the Service must, as soon as practicable after
the expiry of 28 days from the date that it makes
a report under subsection (1),
make a copy of the report available to the public and widely publicise its
availability.
7.
Director of
Service - (1) The Minister shall from
time to time, with the concurrence of Cabinet, appoint a Director as head of the
Service.
(2) The Director
-
(a) shall enter into an employment contract with the Minister; and
(b) shall be appointed for a term not exceeding 3 years specified in the contract, but shall be eligible for reappointment; and
(c) shall be paid remuneration and allowances as specified in the contract; and
(d) shall be required to enter into a performance agreement with the Minister;
(e) may resign from office by giving notice in writing to the Minister; and
(f) may be suspended from office by the Minister only on grounds of incompetence, disability, bankruptcy, neglect of duty, or misconduct; and
(g) may be removed from office by the Minister, with the concurrence of Cabinet, only on grounds of incompetence, disability, bankruptcy, neglect of duty, or misconduct.
(3)
Any suspension of the Director under subsection (2)(f) shall be on full pay,
unless the Director is removed from office under
subsection (2)(g) within 2
months of the suspension.
(4) The
Director shall be responsible to the Minister for the efficient and proper
administration and management of the
Service.
(5) The Director shall
ensure that each Island Environment Authority is given full opportunity to
participate in preparing the work
programme and annual report of the Service,
for the purposes of section 12(1)(b) and
(c).
(6) Subject to the provisions
of this Act, the Director may appoint such other officers and employees of the
Service as may from time
to time be required on such terms and conditions as the
Director may determine.
(7) The
Director may employ such consultants as may from time to time be necessary to
assist the Service in the performance of its
functions.
8.
Delegation of
powers - (1) The Director may by notice
in writing, delegate to any Deputy Director or other officer of the Service, all
or any of the Director's
powers and functions under this Act, except this power
of delegation.
(2) A power or
function so delegated may be exercised or performed by the delegate in
accordance with the instrument of
delegation.
(3) A delegation under
this section is revocable at will, and shall not prevent the exercise or
performance by the Director of the
power or
function.
9.
Functions of
Service - (1) The functions of the
Service are to -
(a) protect, conserve, and manage the environment to ensure the sustainable use of natural resources;
(b) protect, conserve, and manage wildlife, in particular protected species;
(c) protect, conserve and manage the environment in relation to Cook Islands waters;
(d) prevent, control and correct the pollution of air, water, and land;
(e) carry out investigations, research and monitoring relevant to the protection and conservation of the natural resources of the Cook Islands;
(f) protect, manage, and prevent damage to any beach, land, internal waters, inland waters, drain, building, market place and any area used or frequented by members of the public;
(g) monitor and evaluate activities which significantly affect the environment;
(h) provide secretarial and administrative services (including technical advice) to each Island Environment Authority, and, where requested by an Island Environment Authority, to any sub-committee appointed by the Island Environment Authority;
(i) monitor and report on the date of the environment of an island or any other part of the Cook Islands, at the request of the Minister, the Director, or the Island Environment Authority for the island concerned;
(j) recommend regulations to be made and advise the Government in relation to the making of regulations under this Act;
(k) enforce this Act and any regulations made under it;
(l) ensure environmentally safe disposal of toxic chemicals and wastes;
(m) recommend to the Minister the ratification of regional or institutional convention, treaties, protocols or agendas relating to the environment, and review progress of the implementation of ratified instruments;
(n) implement, coordinate and negotiate any projects provided under any regional or intentional conventions, treaties, protocols or agendas relating to the environment, which the Cook Islands has ratified or to which the Cook Islands has acceded or become a signatory;
(o) make recommendations and provide, advice to file Government in relation to any regional or international obligations arising from any regional or international conventions, treaties, protocols or agendas relating to the environment, which the Cook Islands has ratified ,or to which the Cook Islands has acceded or become a signatory;
(p) provide, and assist in the provision of, training in the skills associated with performing any of the Service's functions;
(q) provide secretarial and administrative services (including technical advice) to the National Environment Council and the Forum;
(r) do anything incidental or conducive to the performance of any of the foregoing functions.
(2)
In performing its functions, the Service shall take into account
-
(a) Government policies from time to time conveyed to it in writing by the Minister; and
(b) Any recommendations of the forum.
(3)
For the avoidance of doubt, and without limiting paragraphs (m), (n), and (o) of
subsection (1), the Convention on Biological
Diversity and the United Nations
Frameworks Convention on Climate Change (both signed by the Cook Islands at Rio
de Janeiro on 5
June 1992) shall be regarded as international conventions
relating to the environment for the purposes of subsection
(1).
10.
General
Powers of Service - (1) The Service shall
have power to do all things that are necessary or convenient to be done for or
in connection with the performance
of its functions including power to
-
(a) enter into contracts;
(b) erect buildings and structures and carry out works in the public interest;
(c) accept gifts, devises and bequests, and act as trustee of money or other property vested in the Service upon trust;
(d) promote environmental management, conserve wildlife and regulate the use of natural resources as prescribed by regulations;
(e) for the purpose of enforcing the provisions of this Act or any regulations made under it, prosecute and sue any person, body corporate or group of persons, whether incorporated or not, including the Crown, its agents, servants and agencies.
(2)
The Service may perform any of its functions in collaboration with a Government
agency, instrumentality or department, or with
a registered
organisation.
(3) Any Environment
Officer may, with the approval of the Director, exercise the power specified in
subsection (1)(e).
(4) In the
exercise of his powers the Service shall, except where the circumstances require
the immediate exercise of any power to
protect the environment, at all times
have regard to the principle that it may better serve the community by
consultation, negotiation,
and education.
PART
2
ISLAND
ENVIRONMENT AUTHORITIES
11.
Island
Environment Authorities - (1) An Island
Environment Authority shall be established, in accordance with the Schedule, for
Rarotonga and for each Outer Islands
to which this Act
applies.
(2) Every member of an
Island Environment Authority is a voting member unless otherwise provided in the
Schedule.
12.
Functions of
Island Environment Authority - (1) It
shall be the function of each Island Environment Authority in respect of its
island to -
(a) identify priority areas of environmental concerns and convey to the Service such policies and programs as are approved by the Authority for implementation;
(b) participate in preparing the work programme of the Service for each financial year;
(c) participate in preparing the Services' annual report in connection with -
(i) the work of the Service on and in relation to the island; and
(ii) any other matter concerning the island;
(d) formulate and publish guidelines on specific issues of environmental protection and improvement and environmental quality and waste water standards for the purpose of this Act;
(e) recommend to the Minister regulations to be made;
(f) determine applications for permits and consents for the purposes of sections 36, 50, 51, 57, and 58;
(g) carry out any other function conferred on the Authority by this Act or the regulation.
(2)
In the performance of its functions under subsection (1) an Island Environment
Authority shall -
(a) take into account the following:
(i) Government policies in relation to the environment, as from time to time conveyed in writing to the Authority by the Minister;
(ii) any recommendations of the Forum;
(iii) relevant traditional resource management practices and standards on island; and
(b) seek expert advice at all times where such expert advice is reasonably available.
(3)
An Island Environment Authority may invite officials, experts, and other persons
to advise the Authority in relation to any subject
matter under
consideration.
(4) An Island
Environment Authority may appoint sub-committees consisting of officials,
experts, and other persons to facilitate the
committee's work on specific areas
of concern and to advise the Authority in the discharge of its
functions.
13.
Chairperson
- Each Island Environment Authority shall have a chairperson who shall be
appointed by the Minister from amongst the persons appointed
as voting members
of the Authority. The chairperson shall hold office for a term of three years,
unless he or she earlier resigns
that post, or otherwise ceases to be an
appointed member of that
Authority.
14.
Tenure of
office of members - (1) Except as
otherwise provided by this section, every appointed member of an Island
Environment Authority shall be appointed
for a term of 3 years, but shall be
eligible for re-appointment.
(2)
An appointed member may at any time resign by giving notice in writing to the
Minister.
(3) Any member may be
suspended or removed from office by the Minister with the concurrence of
Cabinet, only on grounds of incompetence,
disability, bankruptcy, neglect of
duty, or misconduct, or if the member, having dissented from a majority decision
of the Authority,
publicly criticises the decision of the
majority.
(4) The Minister shall
by notice in writing remove an appointed member from office if he or she is
absent from 3 consecutive meetings
of the Authority without leave of that
Authority.
(5) An appointed member
ceases to hold office as an appointed member if he or she is elected to be a
member of any Island State
Government.
(6) Where an appointed
member resigns, is removed from office, or where any member otherwise ceases to
be a member, the Minister may
appoint a person to replace that member in
accordance with the provisions of the
Schedule.
(7) The powers of an
Island Environment Authority shall not be affected by any vacancies in its
membership.
15.
Meetings of
Island Environment Authorities - (1)
Every meeting of an Island Environment Authority shall be presided over by the
chairperson, and in the absence of the chairperson
the voting members present
shall appoint one of their number to be the chairperson for that
meeting.
(2) Meetings shall be held on
such dates as the Authority shall decide, but in any event at a frequency of not
less than one meeting
every two
months.
(3) The Minister shall
have the right to attend and address any meeting of the
Authority.
(4) The Director or his
or her designate representative shall attend every meeting of the
Authority.
(5) At least three
days' notice of every meeting of the Authority shall be given to its members and
the Director (or his or her designated
representative), except -
(a) where the chairperson of that Authority certifies in writing that he or she is of the opinion that there is good reason to hold an urgent meeting; or
(b) in the case of a special meeting called under section 19.
(6) At
meetings of the Authority the quorum necessary to transact business shall be
-
(a) In the case of the Authority for Mangaia or Rarotonga, 4 voting members;
(b) In any other case, 3 voting members.
(7)
Every question before a meeting of the Authority shall be decided by consensus,
failing which it shall be determined by a majority
of valid votes of the members
present. In the case of equality of votes, the chairperson at the meeting
concerned shall have a casting
vote.
(8) Subject to the
provisions of this Act and any regulations made under it, the Authority may
regulate its proceedings in any manner
it thinks
fit.
(9) Notwithstanding section
12(3) and (4) and subsection (5) of this section, the Authority may, at any time
and at its sole discretion,
exclude any person (other than a member of that
Authority, or the Director or his or her designated representative) from its
deliberations.
16.
Minutes of
meetings - (1) Every Island Environment
Authority shall cause minutes to be kept in a book maintained for the purpose of
recording all resolutions
and proceedings at its
meetings.
(2) The minutes shall be
approved by the Authority at the following meeting, and signed by the
chairperson of this later
meeting.
(3) A copy of the minutes
of each meeting shall be furnished to every person who was a member of the
Authority at the time of that
meeting.
17.
Remuneration
of Authority - (1) Subject to subsection
(2), every appointed member of an Island Environment Authority shall be paid out
of the Service's account
established under section 62, without further
appropriation than this section, such remuneration, expenses and allowances as
are
prescribed by Order in Executive
Council.
(2) No person who is a
member of Parliament or an employee in the service of the Crown or any agency of
the Crown shall be entitled
to receive remuneration as a member of an Island
Environment Authority.
18.
Disclosure of
conflicting interests - (1) Any member of
an Island Environment Authority who, otherwise than in his capacity as a member,
is directly or indirectly interested
in any matter before the Authority, shall
as soon as possible after the relevant facts have come to his or her knowledge,
disclose
the nature of that interest -
(a) if the Authority is in session or that member is the chairperson, to that Authority; and
(b) in any other case, to the chairperson.
(2)
A disclosure under this section shall be recorded by the Authority or the
chairperson, as the case may be, and the member shall
thereafter not take part
in any deliberations or decisions relating to the platter, but shall be counted
for the purpose of forming
a
quorum.
19.
Special
meetings - (1) The chairperson or any
three members of an Island Environment Authority may at any time by notice in
writing signed by them
and setting forth the matters to be considered, call a
special meeting of the
Authority.
(2) A notice under
subsection (1) shall be delivered to every member of that Authority and to the
Director or his or her designated
representative before the day of the
meeting.
PART
3
NATIONAL
ENVIRONMENT COUNCIL
20.
National
Environment Council - (1) The Director
shall in consultation with the Minister, from time to time as required for the
purposes of this Act, convene a
National Environment Council to act as
permitting authority for any part of the Cook Islands other than Rarotonga or an
Outer Island.
(2) The members of
the council shall be the following:
(a) The Director, as chairperson of the council; and
(b) One member nominated by each Island Environment Authority.
(3)
A member of the council may be suspended or removed from office by the Minister
with the concurrence of Cabinet, on grounds of
incompetence, disability,
bankruptcy, neglect of duty, or misconduct, or if the member, having dissented
from a majority decision
of the council, publicly criticises the decision of the
majority.
(4) Notwithstanding
subsection (2)(b), if, in the opinion of the Director, the cost of having each
island to which this Act applies
individually represented on the council
outweighs the benefits of such representation in any particular case, the
Director may decide
to group these islands for the purposes of membership of the
council.
(5) If the Director in
consultation with the Minister decides that representation by group is
appropriate under subsection (4), the
Director shall in consultation with the
Minister determine the island groups taking into account general practice in the
Cook Islands
with regard to grouping islands together for the purposes of
collective representation at a national
forum.
(6) The Director in
consultation with the Minister shall appoint the person to represent each island
group as a member of the council
after consulting the Island Environment
Authorities for the islands in that group. The membership of the council under
this system
of group representation shall not exceed eight (excluding the
Director).
(7) As soon as
practicable after the council has completed its consideration and determination
of the matter for which the council
was convened, the Director shall, after
convening a final council meeting to approve the minutes of the last meeting
relating to
that matter, disband the council. The Director may from time to time
as necessary convene another council in accordance with this
section.
21.
Meetings of
the Council - (1) Meetings of the council
shall be held on such dates and at such locations as the Director shall
decide.
(2) The Minister shall
have the right to attend and address any meeting of the
council.
(3) At least seven days
notice of every meeting of the council shall be given to its members, except
where the Director certifies
in writing that he or she is of the opinion that
there is good reason to hold an urgent
meeting.
(4) At meetings of the
council, the quorum necessary to transact business shall be half the total
number of the members of the council
(irrespective of any extraordinary
vacancies) when that number is even, and a majority of such members when that
number is odd.
(5) Every meeting
of the council shall be presided over by the Director, and in the absence of the
Director the members present shall
appoint one of their number to be the
chairperson for that meeting.
(6)
Every question before a meeting of the council shall be decided by consensus,
failing which it shall be determined by a majority
of valid votes of the members
present. In the case of equality of votes, the chairperson at the meeting
concerned shall have a casting
vote.
(7) Subject to the
provisions of this Act and any regulations made under it, the council may
regulate its proceedings in such manner
as it thinks
fit.
(8) Subject to subsection
(8), a member of the council shall be paid out of the Service's account
established under section 62, without
further appropriation that this section,
such remuneration, expenses and allowances as are prescribed by Order in
Executive Council.
(9) No person
who is a member of Parliament or an employee in the service of the Crown or any
agency of the Crown, or who is the Director,
shall be entitled to receive
remuneration as a member of the
council.
22.
Minutes of
meetings - (1) The council shall cause
minutes to be kept in a book maintained for the purpose of recording all
resolutions and proceedings
at its
meetings.
(2) The minutes shall be
approved by the council at the following meeting, and signed by the chairperson
of this later meeting.
(3) A copy
of the minutes of every meeting shall be furnished to every person who was a
member of the council at the time of that
meeting.
23.
Disclosure of
conflicting interests - (1) Any member of
the council who, otherwise than in his capacity as a member, is directly or
indirectly interested in any matter
before the Council, shall as soon as
possible after the relevant facts have come to his or her knowledge, disclose
the nature of
that interest -
(a) if the council is in session or that member is the Director; to the council; and
(b) in any other case, to the Director.
(2)
A disclosure under this section shall be recorded by the council or the Director
as the case may be, and the member shall thereafter
not take part in any
deliberations or decisions relating to the matter, but shall be counted for the
purpose of forming a quorum
of the Council.
PART
4
ENVIRONMENT
OFFICERS
24.
Island
Environment Officers - (1) The Director
following consultation with the Minister shall appoint at least one Island
Environment Officer to Rarotonga and
to each Outer Island to which this Act
applies.
(2) Each Island
Environment Officer shall be appointed by instalment in writing on the
recommendation of the Island Environment Authority
for the Island
concerned.
(3) The Director shall
cause to be issued to each Island Environment Officer an identity card in such
form as the Director thinks
fit. Every person who ceases to be an Island
Environment Officer shall forthwith return his or her identity card to the
Director.
(4) Subject to
subsection (5), an Island Environment Officer shall perform the functions of the
Service -
(a) On or in relation to the island to which the officer was appointed; and
(b) Under the general election of the relevant Island Environment Authority.
(5)
The Director may at any time, after consulting the relevant Island Environment
Authority, redeploy an Island Environment Officer
to work on or in relation to
any other part of the Cook Islands under the general direction of the
Director.
(6) Except with the
consent of the relevant Island Environment Authority, no redeployment under
subsection (5) shall in aggregate
exceed, in respect of each Island Environment
Officer, a period of 3 months in any one financial
year.
(7) An Island Environment
Officer be employed by the Service on terms and conditions specified in a
contract of employment.
(8) The
Director may, after consulting the relevant Island Environment Authority, remove
or suspend an Island Environment Officer
on grounds of incompetence, disability,
bankruptcy, neglect of duty, or misconduct, in addition to any other grounds
specified in
the contract of
employment.
(9) In this section,
"relevant Island Environment
Authority", in relation to an Island
Environment Officer, means the Island Environment Authority for the island to
which that officer was appointed.
25. National Environment Officers - (1) The Director may from time to time by instrument in writing appoint National Environment Officers for the purpose of this Act.
(2) The Director shall cause
to be issued to each National Environment Officer appointed under subsection (1)
an identity card in
such form as the Director thinks fit. Every person who
ceases to be a National Environment Officer shall forthwith return his or
her
identity card to the Director.
(3)
A National Environment Officer shall perform the functions of the Service
-
(a) On or in relation to any part of the Cook Islands to which this Act applies; and
(b) Under the general directions of the Director.
(4)
A National Environment Officer appointed under subsection (1) shall be employed
by the Service on terms and conditions specified
in a contract of
employment.
(5) The Director may
remove or suspend a National Environment Officer appointed under subsection (1)
on grounds of incompetence, disability,
bankruptcy, neglect of duty, or
misconduct, in addition to any other grounds specified in the contract of
employment.
(6) The following
persons shall be deemed to be a National Environment Officer for the purposes of
this Act:
(a) the Director;
(b) any constable designated in writing by the Director;
(c) any constable assisting or accompanying an Environment Officer in the exercise or performance of functions or powers conferred under the Act.
26.
Jurisdiction
of Environment officers - (1) An
Environment Officer wishing to exercise any power conferred on him or her by
this Act on, or in relation to, Rarotonga or
any Outer Island to which this Act
applies shall consult the Island Environment Authority for the island concerned
before exercising
that power.
(2)
The requirement for prior consultation in subsection (1) does not apply where,
prior to the exercise of the power concerned, the
Director certifies in writing
that he or she is of the opinion that the situation requires urgent action to be
taken by the Environment
Officer
concerned.
(3) Nothing in
subsection (1) applies to an Island Environment Officer exercising powers on or
in relation to the island to which
he or she has been appointed under section
24(1).
27.
Powers of
Environment Officers - (1) Where an
Environment Officer has reasonable grounds to suspect an instance of pollution,
the officer may do all or any of the
following:
(a) enter at any reasonable time, and inspect and search, any premises to monitor or determine environmental quality;
(b) take samples of suspected environmental pollution;
(c) get these tested by a reputable laboratory.
(2)
Where an Environment Officer suspects that an offence against this Act is being
or has been committed (whether or not it is an
offence involving pollution), the
office may enter at any reasonable time, and inspect, any premises to
investigate the suspected
offence, and order any person whom he or she suspects
of the offence to do all or any of the following:
(a) disclose his or her full name and usual place of residence:
(b) produce any permit, consent, or other evidence of a document authorising the act or omission that will otherwise constitute the offence;
(c) cease carrying on any specified activity, which the officer has reasonable grounds to believe is an offence against this Act.
(3)
An Environment Officer entering any premises under subsection (1) or (2) shall,
if requested by an occupier of the premises, produce
that officer's identity
card.
(4) An order under paragraph
(c) of subsection (2) must be made in writing, and must specify the alleged
offence.
(5) Where an Environment
Officer wishes to make an order under subsection (2), and the person to whom the
order is addressed
is not readily contactable, the officer may
leave the order in written form in a place where it can easily be noticed by
that person.
Any order so left shall be deemed to have been made to the person
concerned in the absence of proof to the
contrary.
(6) Notwithstanding
subsections (1) and (2), no Environment Officer may enter a dwelling house for
the purposes of this section except
-
(a) With the consent of an occupier of the dwelling house; or
(b) In accordance with a warrant issued under section 29(1) (a).
(7)
Every person commits an offence against this Act who, without reasonable excuse
or lawful justification, fails or refuses to comply
with an order made under
subsection (2), and shall upon conviction be liable-
(a) in the case of an order made under paragraph (a) or (b) of subsection (2), to a fine not exceeding $500;
(b) in the case of an order made under paragraph (c) of subsection (2), to a fine not exceeding $1,000.
28.
Additional
powers of Environment Officers - (1)
Where there are reasonable grounds to believe that an offence under this Act is
being or has been committed, an Environment
Officer may exercise a power
specified in subsection (2) if the officer-
(a) is a constable; or
(b) is assisted or accompanied by a constable; or
(c) is acting in accordance with a warrant issued under section 29(1)(b) or (c).
(2)
Subsection (1) refers to the power to-
(a) seize any animal, plant, article or other property that could constitute evidence as to the commission of the offence;
(b) arrest a person who is believed to by committing, or have committed the offence.
(3)
In this section, "property" excludes
land.
29.
Warrants to
inspect dwelling house, seize property, or arrest
persons - (1) A Justice of the Peace or
Judge may, on the written application of an Environment Officer made on oath,
issue to the officer
unconditionally or subject to conditions a warrant, valid
for 14 days from the date of issue, authorising that officer to do all
or any of
the following:
(a) enter and inspect a specified dwelling house on one occasion for the purposes of section 27;
(b) seize any description of animal, plant, article or other property that could constitute evidence as to the commission of an offence against this Act;
(c) arrest a named person who is believed to be committing, or have committed, an offence against this Act.
(2)
No warrant may be issued under subsection (1) unless the Justice of the Peace or
Judge concerned is satisfied that there are reasonable
grounds for
believing-
(a) In the case of the warrant issued under paragraph (a) of that subsection, that an instance of pollution has occurred, or an offence against this Act is being or has been committed, in or from the dwelling house concerned;
(b) In the case of as warrant issued under paragraph (b) of that section, that the property concerned could constitute evidence as to the commission of an offence against this Act;
(c) In the case of a warrant issued under paragraph (c) of that subsection, that the person concerned is committing or has committed an offence against this Act.
(3)
In this section, "property" excludes
land.
30.
Interference
with work of Island Environment Authority or
Service - Every person commits and
offence against this Act who threatens, destroys, or otherwise interferes with
the work of an Island Environment
Authority or the Service (whether undertaken
or in progress, and whether or not carried out by an Environment Officer), and
upon
conviction shall be liable to a fine not exceeding $500, or to imprisonment
for a period not exceeding 3 months, or both the fine
and the
imprisonment.
31.
Assaulting or
threatening officers - Every person who
assaults or threatens an Environment Officer acting in the exercise or
performance of functions or powers conferred
under this Act commits an offence,
and upon conviction shall be liable to a fine not exceeding $2,000, or to
imprisonment for a period
not exceeding 3 months or both the fine and the
imprisonment.
32.
Impersonation
of officers - Every person commits an
offence who by words or conduct falsely represents that he or she is an
Environment Officer or who otherwise
impersonates an Environment Officer, and
upon conviction shall be liable to a fine not exceeding $500, or to imprisonment
for a period
not exceeding 3 months, or to both the fine and the
imprisonment.
33.
Release of
seized property - The Court may, pending
the hearing of any prosecution, order that any property seized under section 28
be released to its owner
or to the person from whom it was seized, either
conditionally or upon such conditions as the Court in its absolute discretion
considers
appropriate.
34.
Order for
forfeiture - (1) Upon the conviction of
any person for an offence against this Act, the Court may in addition to
imposing any penalty by way
of fine or imprisonment, order the forfeiture to the
Service of any property used or otherwise involved in the commission of the
offence.
(2) In this section,
"property" excludes land.
35.
Disposal of
forfeited property- Any property or
article forfeited under section 34, may be sold or otherwise disposed of as the
Court thinks fit, and the proceeds
of any such sale shall without further
appropriation than this section be paid to the Service for its
use.
PART
5
ENVIRONMENTAL
IMPACT ASSESSMENT
36.
Environmental
Impact Assessment - (1) No person shall
undertake any activity which causes or is likely to cause significant
environmental impacts except in accordance
with a project permit issued under
this section.
(2) A person who
proposes to undertake an activity of the kind referred to in subsection (1)
shall apply to the permitting authority
for a project permit in respect of the
activity in accordance with the procedures (if any) prescribed by
regulations.
(3) Every application
for a project permit shall be submitted to the Service and shall include an
environmental impact assessment,
setting out details of-
(a) the impact of the project upon the environment and in particular -
(i) the adverse effects that the project will have on the environment; and
(ii) a justification for the use or commitment of depletable or non-renewable resources (if any) to the project: and
(iii) a reconciliation of short-term uses and long-term productivity of the affected resources; and
(b) the proposed action to mitigate adverse environmental effects and the proposed plan to monitor environmental impacts arising out of the project; and
(c) the alternatives to the proposed project.
(4)
Every application for a project permit shall be accompanied by an application
fee prescribed by regulations.
(5)
The Service shall undertake public consultation for the issuance of the project
permit and in so doing-
(a) publish details of the project in such a manner that these become accessible to the affected public;
(b) make available copies of the environment impact assessment report prepared by the project developer for review by the public; and
(c) receive comments within 30 days from the date of public notice from the general public and other interested parties.
(6)
The service shall request comments from any Government department or agency, or
person affected by or having expertise relevant
to the proposed project or its
environmental impact.
(7) After
the permitting authority has reviewed and assessed the application and all
relevant information including the environment
impact assessment, it shall,
subject to guidelines (if any) prescribed by regulations-
(a) issue a permit for the proposed project specifying the terms and conditions subject to which the permit is issued; or
(b) request the applicant to submit modifications regarding the proposed project; or
(c) where there are reasonable grounds to do so (taking particular account of the purpose of this Act), refuse to issue a permit for the proposed project and state the reasons for such refusal.
(8)
The Service shall immediately convey to the applicant the decision of the
permitting authority.
(9) Within
14 days of receiving notice of a refusal under subsection (7) (c) the applicant
may by letter to the Minister, request
that the Minister consider the permitting
authority's decision. The Minister shall review the permitting authority's
decision and
all information relevant thereto and shall notify the applicant and
the permitting authority in writing of the Minster's decision
to
either-
(a) uphold the permitting authority's decision to refuse a permit for the proposed project; or
(b) direct the Service to request that the applicant submit specified modifications to the Service regarding the proposed project for reconsideration by the permitting authority.
(10)
If the Minister is required to make a decision under subsection (9) in any case
where the Minister is the applicant for the permit,
or is otherwise directly or
indirectly interested in the permit application otherwise than as the reviewing
authority, the Minister
shall-
(a) with the concurrence of the permitting authority concerned, convene an independent panel to review the permitting authority's decision and submit a recommendation to the Minister; and
(b) follow that panel's recommendation in making the decision under subsection (9); and
(c) make those recommendations public.
(11)
Every person commits an offence who, without reasonable excuse or lawful
justification, fails or refuses to comply with subsection
(1), and shall upon
conviction be liable-
(a) in the case of a body corporate, to a fine not exceeding $100,000;
(b) in any other case, to a fine not exceeding $50,000.
(12)
In addition to any penalties imposed under subsection (11), the Court may order
that the person convicted-
(a) under the supervision and to the satisfaction of a person appointed by the Court, clear up and remove the damage caused to the environment as a consequence of the offence, within such period and upon such conditions as may be specified in the order;
(b) pay such amount as the Court may assess in respect of the expenses and costs that have been or are likely to be incurred-
(i) in restoring the environment to its former state (its state immediately before the offence was committed); or
(ii) in removing or cleaning up or dispensing any oil or noxious liquid, or other harmful substance to which the offence relates.
(13)
For the purposes of subsection (1), any designation, or issue or re-issue of
approval of any land (whether by a Minister or any
other public officer or
authority, and whether under this or any other Act) for the disposal of any kind
of waste is deemed to be
an activity that is likely to cause significant
environmental impacts.
PART
6
MANAGEMENT PLANS
AND PROTECTED AREAS
37.
Management
Plans - (1) The Service shall from time
to time, at the request of the Island Environment Authority for an island,
prepare a draft management
plan for any area within the island, for all or any
of the following purposes:
(a) protection, conservation, and management of wild life including protected species and the habitat of such wildlife and species;
(b) protection, conservation and management of inland waters;
(c) protection, conservation and management of uninhabited islands;
(d) conservation and management of forests;
(e) prevention of soil erosion;
(f) prevention and control of pollution and waste;
(g) protection, conservation and management of wetlands;
(h) conservation and management of historical , archaeological and cultural sites;
(i) setting out restrictions to which the land and waters in the area shall be subject to in the interests of achieving the objectives of the plan;
(j) any other purpose relating to the environment which in the opinion of the Island Environment Authority will benefit from a Management Plan.
(2) The draft management plan
shall be prepared in consultation with the landowners and occupiers affected by
the plan and the plan
shall include a management committee comprising
representatives of these landowners and
occupiers.
(3) When the Service
has proposed a draft management plan, the Director shall by public
notice-
(a) state that a draft management plan has been prepared and specify the areas affected by the plan;
(b) specify the place where the draft management plan is displayed and may be inspected by interested persons;
(c) invite interested persons including the Aronga Mana of the district that may be affected (and the Ariki of the island where there is only one Ariki for the island) to make representation in connection with the draft management plan by a specified date, not being less than 1 month after the publication of the notice; and
(d) specify an address to which such representations may be forwarded.
(4)
Any person may not later than the date specified in the notice, make
representations to the Service in connection with the draft
management plan and
the Service shall give due consideration to any representations so made, and may
alter, amend or vary the draft
management
plan.
(5) In the preparation of
the management plan, regard shall be had to the following
objects:
(a) the protection of special features, including objects and sites of biological, geological, and geographical interest;
(b) the protection of the water catchment values of those areas within the plan;
(c) the protection, conservation and management of soil resources;
(d) environmentally sound traditional resource management practices and standards.
(6)
The Director shall submit to the Island Environment Authority for the island the
draft management plan together with such representations
as have been made under
subsection (4).
(7) The Island Environment Authority may -
(a) approve or decline to approve the draft management plan as submitted; or
(b) refer it to the Service, together with its suggestions for further consideration and for any amendment to the draft management plan.
(8) If the Island Environment
Authority refers the draft management plan to the Service under subsection
(7)(b), the Service shall
consider the Island Environment Authority's
suggestions and may alter, amend, or vary the plan before re-submitting the plan
to the
Island Environment Authority for
approval.
(9) As soon as
practicable after a management plan has been approved by the Island Environment
Authority, it is to be laid -
(a) In the case of a management plan for an area within an Outer Island, before the Island State Government for the island concerned; and
(b) In the case of a management plan for an area within Rarotonga, before each Konitara Vaka that is responsible for the local government of the area concerned.
(10)
The Island State Government (or Konitara Vaka., as the case may be) may
-
(a) approve or decline to approve the management plan as submitted; or
(b) refer it to the Service, together with its suggestions for further consideration, and for any necessary amendment to the management plan.
(11) Where the Island State Government (or Konitara Vaka, as the case may be) has referred the management plan to the Service under subsection (10) (b), the Service shall consider the suggestions of the Island State Government (or Konitara Vaka, as the case may be) and may alter, amend, or vary the plan before re-submitting the plan to the Island State Government (or Konitara Vaka, as the case may be) for approval.
38. When management plans come into effect - No management plan has effect until it is -
(a) approved by the relevant Island Environment Authority and the relevant Island State Government (or in the case of Rarotonga, Konitara Vaka) under section 37; and
(b) notified as part of a notification of a protected area under section 41.
39. Amendment or substitution of plans - The Service may from time to time prepare a draft amendment of a management plan in force for the time being, or a new management plan in substitution for such a management plan, and sections 37, 38, and 41 shall, with the necessary modifications, apply to the amendment or new plan as if it were a draft management plan or, as the case may be, a management plan.
40. Effect of plans - Any person who, without reasonable excuse or lawful justification, fails to comply with or acts in contravention of any provision of a management plan in force for the time being shall upon conviction be liable to a fine not exceeding $5,000.
41. Protected Areas - (1) Where an Island Environment Authority proposes to designate an area within its island having ecological, cultural, archaeological, historical or scenic importance as a protected area for the purpose of environment and natural resource conservation and management (including protection, conservation and management of animals and plants and their habitats), the Island Environment Authority may cause to be issued in respect of that area a notification to that effect in accordance with the procedure set out in this section.
(2) Every notification issued
pursuant to this section shall specify -
(a) the description of the area to which the notification relates including, in the case of native freehold land, the legal description of the land concerned, or in the case of native customary land, a survey description; and
(b) the particulars of the ecological, cultural, archaeological, historical or scenic importance and the resources, animals, plants, and their habitats; and
(c) the name of the management plan that relates to the area concerned (or, in the case of an amendment to a management plan, the number and date of the amendment); and
(d) where the management plan (or, as the case may be, the amendment) may be viewed during normal office hours.
(3)
An Island Environment Authority shall not issue a notification -
(a) in respect of native freehold land, unless and until there has be concluded pursuant to the Land (Facilitation of Dealings) Act 1970 between the Director and the owners of the land and any other person having an interest in the land to which the notification relates, a shared resource management agreement as provided for in subsection (4);
(b) in respect of native customary land, unless and until there has been concluded between the Director and the members of the Aronga Mana of the district in which the land is situated (and the Ariki of the island, where there is only one Ariki for the that island) and any other person having an interest in the land to which the notification relates, a shared resource management agreement as provided for in subsection (4);
(c) in respect of any other land., unless and until there has been concluded between the Director and the owners of the land and any other person having an interest in the land to which the notification relates, a shared resource management agreement as provided for in subsection (4).
(4) Every shared resource management agreement shall -
(a) identify the resource, animals, plants and habitats to be protected, conserved, or managed; and
(b) include the management plan to be notified under subsection (2); and
(c) describe the manner in which the management plan shall be implemented so as to achieve the objectives of the plan; and
(d) provide a procedure for agreeing to an amendment to or substitution of the management plan following notification of that plan under subsection (2).
(5) No notification may be made-
(a) In respect of any area, unless the Aronga Mana o f the relevant district (and the Ariki of the island, where there is only one Ariki for that island) concur with the notification;
(b) Of any amendment to or substitution of a management plan, unless that amendment or substitution has been approved in terms of section 38(1)(a) and agreed to in accordance with the procedure referred to in subsection (4) (d.).
(6) A notifications shall come into force and take effect from the date of its publication in the Gazette.
(7) Without limiting the powers conferred by sections 27 and 28, an Environment Officer may at all reasonable times enter and inspect any premises within a protected area to-
(a) implement the provisions of the management plan notified in relation to the area; and
(b) determine whether the provisions of that management plan are being complied with; and
(c) monitor the attainment of the objectives of that management plan.
42.
Document to
be registered - Following the
notification of an area as a protected area in the Gazette, the Director shall
make an application to the Registrar
of the Court for the registration of the
shared resource management agreement and that notification in the Register of
Titles.
43.
Cancellation
of notification - (1) Where an Island
Environment Authority is of the opinion that a notification should be cancelled,
the Island Environment Authority
shall, after consultation with the owners and
occupiers (if any) of the land and the Aronga Mana of the district in which the
land
is situated (and the Ariki of the island, where there is only one Ariki for
that island), cause to be published in the Gazette a
notice to that effect, and
shall cause notice thereof to be given to the owner or occupier of the land
affected (if any), and upon
the giving of such notice by that Island Environment
Authority, the notification shall cease to have any force or effect, and any
shared resource management agreement or management plan in force in respect of
the area to which the notification relates shall be
deemed to have been
terminated.
(2) A copy of every
notice of cancellation shall be filed with the Registrar of the Court who shall
cause the notice of cancellation
to be noted against the earlier
registration.
PART
7
CONTROL OF
LITTER
44.
Interpretation
- In this Part, unless the context otherwise requires-
"Crown land" means land owned by the Crown or occupied by the Crown under a lease, license, or otherwise;
"Deposit", in relation to litter, includes-
(a) cast, place, throw or drop litter; and
(b) allow litter to be cast, thrown, dropped, or to escape, from any conveyance;
"Litter" includes any refuse, rubbish, animal remains, glass, metal, garbage, debris, dirt, filth, rubble, ballast, stones, earth, sewage, or waste matter, or any other thing of a like nature;
"Private land" means every place other than a public place;
"Public place" -
(a) Includes the following:
(i) every road, street, private street, footpath, access way, storm water drain, service lane, court, mall, thoroughfare, wharf and airport to which the public generally has access, whether with or without payment of any fee, and includes any national park or reserve;
(ii) any park, garden or other place of public recreation to which the public has access, whether with or without payment of any fee;
(iii) any beach or foreshore, or the bank of any river or stream, or the margin of any lake, to which the public traditionally has access, whether with or without payment of any fee;
(iv) any waters to which the public traditionally has access, whether with or without payment of any fee, for bathing or other recreational purposes;
(v) every wharf, pier or jetty to which the public has access;
(vi) any airport within the meaning of section 2 of the Airport Authority Act 1985;
(vii) any land vested in or controlled by the Crown, being land that is not occupied pursuant to any lease, license, or other authority by any private person;
(viii) any other place whether public or private in the open air to which the public has access, whether with or without payment of any fee; but
(b) Excludes any site designated or approved for the disposal of waste pursuant to this or any other Act, or any receptacle installed in a public place.
45.
Control of
litter in public places - (1) Every
person who has a public place under that person's control or management shall at
all times provide and maintain in that
place, where litter is likely to be
deposited, such number of litter receptacles of suitable construction and design
fro the temporary
deposit of litter as may reasonably be necessary to keep that
place free from litter.
(2) Where
litter generated on or attributable to any particular premises is likely to be
carried from or to otherwise escape from
those premises onto a public place, an
Environment Officer may require the occupier of the premises to take all
reasonable steps
to prevent such litter being carried to or escaping onto the
public place.
(3) Where it can be
shown that excessive litter is attributable to or emanates from any particular
premises, an Environment Offer
may require the occupier of the premises to
provide and maintain such number of litter receptacles of suitable construction
or design
in any public place adjacent to or within the vicinity of the land or
premises for the temporary deposit of litter, as may reasonably
be necessary to
ensure that the public place be kept free of that
litter.
(4) Where any occupier
fails to comply within a reasonable time with a requirement of an Environment
Officer made under subsection
(2) or (3), the officer may take any reasonable
steps to remedy that default and shall recover the cost of so doing from the
occupier
as a debt due to the
Service.
(5) Every person to whom
this section applies shall also make appropriate provision for emptying the
contents of litter receptacles
provided within the public places under that
person's control or management, and for the removal and disposal of those
contents.
The work shall be executed promptly, efficiently and at regular
intervals.
46.
Designation
or approvals of waste disposal areas -
(1) The Minister may by notice in the Gazette designate any Crown land as an
area to be used by the public for the disposal of
waste.
(2) At any time before
Crown land on and island is designated under subsection (1), the Minister may by
notice in the Gazette approve
any land (except Crown land) on that island to be
used for the disposal of waste. An approval under this subsection shall not be
issued except at the request of the owners of the land
concerned.
(3) An approval issued
under subsection (2) expires at the earlier of:
(a) the expiry of one year following the date of the approval; or
(b) the expiry of seven days following the first designation of Crown land on the island concerned under subsection (1).
(4)
An approval that expires under subsection (3)(a) may be re-issued by the
Minister under subsection (2).
(5)
Nothing in this section authorises any land to be used for the disposal of
waste, where the lease, license, or other right by
which the land is held or
occupied prohibits such use of the
land.
(6) This section is subject
to section 36(13).
47.
Occupiers of
private land to clear litter - (1) An
Environment Officer may serve on the occupier of any private land or any land
vested in or controlled by any person, a notice
in writing requiring the
occupier, to the satisfaction of the officer to-
(a) clear away, or remove from the land; or
(b) clean up; or
(c) screen, cover, or otherwise obscure from view such litter as may be specified in the notice, within such time as may be so specified.
(2)
If upon the representations of an occupier served with a notice under subsection
(1) the officer is satisfied that steps have
been taken to comply with the
requirements of the notice, but the occupier has been prevented by reasonable
cause from completing
the necessary work within the time specified, the officer
may extend the time specified for such further period as he thinks
fit.
(3) Every person receiving a
notice under subsection (1) of this section may object to the requirements of
the notice within 7 days
after its receipt on the grounds that those
requirements are unreasonable.
(4)
Every objection shall be made in writing to the Director, who shall appoint a
time and place for hearing the objection, and shall
give reasonable notice of
that time and place to the objector who shall be entitled to be present and, if
present and, if present
at that time and place, to be
heard.
(5) The permitting
authority in relation to the land concerned shall hear the objection, and after
hearing it, may confirm, cancel
or vary the requirements of the notice, and
shall within 14 days after the hearing, give to the objector written notice of
its decision.
48.
Offences
relating to litter - (1) Every person
commits an offence who, without reasonable excuse or lawful
justification,-
(a) deposits any litter in or any public place; or
(b) deposits any litter in or on any private land without the consent of its occupier; or
(c) deposits any litter in or on any private land in the ownership or possession of a person who does not reside in the Cook Islands, whether or not that person consents to it; or
(d) deposits any inorganic litter in or on any land other than land designated or approved for the disposal of waste under section 46; or
(e) having deposited any litter (whether inadvertently or otherwise) in or on any public place, or in or on any private land without the consent of its occupier, leaves the litter there after having been requested by an Environment Officer to remove it; or
(f) refuses or fails to comply with section 45(1) or (5); or
(g) refuses or fails to comply with a requirement made under section 45(2) or (3); or
(h) refuses or fails to comply with a notice issued under section 47 or refuses or fails to comply with a decision of the permitting authority under that section,-
and
upon conviction shall be liable, in the case of an individual, to a fine not
exceeding $750, and in the case of a body corporate,
to a fine not exceeding
$5,000.
(2) Where any person is
convicted of an offence against this section, the Court shall in addition to
imposing a penalty, order the
offender, under the supervision and to the
satisfaction of a person nominated by the Court, to clear up and remove the
deposited
litter within such period and to such place as may be specified in the
order, and of the making of any such order, the Court shall
further order that
if the offender fails to comply with the order he is liable in addition to any
other penalty imposed, to a fine
not exceeding
$5000.
(3) Where the Court
convicts a person of an offence against this section the Court may, if it thinks
fit, in addition to imposing
of penalty, order the offender to pay by way of
compensation to the public authority having the control or management of the
public
place or, as the case may be, the occupier of the private land where the
offence was committed, such sum as it considers reasonable
to cover the cost of
the removal of the litter, and the amount so awarded shall be deemed to be a
judgement debt due to the authority
or occupier from the offender, and may be
enforced in any manner in which a judgement or order of the Court for the
payment of a
civil debt may be
enforced.
(4) Subsection (1)(d)
has no effect until the expiry of six months following the coming into force of
this Act.
49.
Wilful
breaking of bottles or glass - Every
person commits an offence who wilfully breaks any bottle, or glass or any
article made of glass, in or on any public place,
without lawful authority or
without the express consent of the public authority having the control or
management of the public place,
or in or on any private land without lawful
authority or without the express consent of the occupier of the private land,
and upon
conviction shall be liable to a fine not exceeding
$5000.
PART
8
SPECIFIC AREAS OF
CONCERN
50.
Protection of
foreshore and Cook Islands waters- (1)
Every person commits an offence who, without the prior consent in writing of the
permitting authority or contrary to any provision
of a management
plan,-
(a) remove any silt, sand, cobble, gravel, boulder, coral or any tree from the foreshore or Cook Islands waters; or
(b) carries out any excavation, dredging, clearing, paving, grading, ploughing, removal of trees or vegetation, or other activity within the foreshore or Cook Islands waters which may result in the alteration of the neutral configuration of the foreshore; or
(c) places and fill or material of any type within the foreshore or Cook Islands waters; or
(d) carries out the construction or erection of any wall or structure within the foreshore or Cook Islands waters.
(2)
The permitting authority-
(a.) may grant consent under subsection (1) subject to-
(i) guidelines (if any) prescribed by regulations; and
(ii) any conditions that the permitting authority considers necessary or desirable to safeguard the environment;
(b) shall not grant any consent in respect of the foreshore unless the permitting authority is of the opinion that the activity consented to would result in the preservation, restoration, or enhancement of the natural configuration and features of the foreshore or the natural flow of water.
(3)
Nothing in subsection (1) applies to an activity that is specifically authorised
by a project permit issued under Part 5 of this
Act.
51.
Pollution of
Cook Islands waters and inland waters-
(1) Every person commits an offence who, without the prior consent in writing of
the permitting authority,
(a) throws, discharges, or deposits or causes, suffers, or procures to be thrown, discharged or deposited into any Cooks Islands waters or inland waters, either from or out of any vessel, or from the shore or any wharf, manufacturing establishment or mill of any kind, any refuse matter of any kind or description whatever; or
(b) deposits or causes or suffers or procures to be deposited material of any kind in any place on the shore or bank of any Cook Islands waters or inland waters where the same shall be liable to be washed into such waters, whereby navigation shall or may be impeded or obstructed, or the level of pollution of such waters increased, or where the same may become a danger (physical, or otherwise) to another person or to premises owned by another person;
(c) discharges or causes or suffers or permits to be discharged any oil, noxious liquid substances or other harmful substances, by any method, means or manner, into or upon any Cook Islands waters or inland waters.
(2)
The permitting authority-
(a) may grant consent under subsection (1) subject to-
(i) guidelines (if any) prescribed by regulations; and
(ii) any conditions that the permitting authority considers necessary or desirable to safeguard the environment;
(b) shall not grant any consent unless it is of the opinion that the activity consented to-
(i) conforms with environmental quality and wastewater standards (if any) published by the permitting authority; and
(ii) shall not result in undue pollution of Cook Islands waters or, as the case may be, inland waters.
(3)
Nothing in subsection (1) applies to-
(a) a discharge exempted from the application of section 3 of the Prevention of Marine Pollution Act 1998 by subsection (3) of that section; or
(b) an activity that is specifically authorised by a project permit issued under Part 5 of this Act.
52.
Permitting
authority may require or take remedial
action -Notwithstanding any penalty or
other order which may be imposed in respect of any offence committed against
section 50, 51, 57,
or 58, where a permitting authority is of the opinion that
any person has acted in contravention of section 50, 51, 57, or
58,-
(a) the permitting authority may require that person to desist from so acting and to take such remedial action as the permitting authority may determine; and
(b) where that person refuses to take such remedial action as may be determined by the permitting authority, the Service, at the request of the permitting authority, shall take such remedial action as may be necessary in the circumstances, and recover the cost of so doing from that person as a debt to the Service.
53.
Emergency
provisions - Whenever the Service is of
the view that there is an imminent danger of loss of life or property due to
serious environment degradation,
it shall immediately take necessary action to
remove the cause of environmental degradation by itself, or direct any other
relevant
agency to do so, and recover the cost of so doing from that person as a
debt to the Service.
54.
Pollution
levy - (1) Regulations may be made to
impose levies on any hotel, resort, or industrial or other commercial
establishment using or allowing
its customers or guests to use fresh water and
degrade its quality.
(2) Such
levies shall be based on the quantity of fresh water used and the purpose for
which it has been used.
(3) Any
levies collected pursuant to such regulations shall be deposited in the
Environment Protection Fund.
55.
Protection of
Species - (1) The service may, with the
approval of the Island Environment Authority for an island, from time to time by
notice in the Gazette
designate specified animals and plants on the island as
protected species.
(2) Every
person commits an offence who, within the island concerned, threatens or
disturbs any animal or plant of the protected species
or the habitat of any such
animal or plant.
56.
Disposal of
toxic chemicals - Every person commits an
offence against this Act who disposes of any toxic chemical or its waste in a
manner likely to harm the
environment.
57.
Excavations
on sloping land- (1) No person may -
(a) undertake any excavation of any kind on any land having natural gradient in excess of 1:10; or
(b) erect or alter any building or structure on such land, except with the written consent of the permitting authority.
(2)
The permitting authority-
(a) may grant consent under subsection (1)(b) subject to-
(i) guidelines (if any) prescribed by regulations; and
(ii) any conditions that the permitting authority considers necessary or desirable to safeguard the environment;
(b) shall not unreasonably refuse to grant a consent under subsection (1)(b).
(3)
Nothing in subsection (1) (b) applies to an activity that is specifically
authorised by a project permit issued under Part 5 of
this
Act.
(4) Every person who commits
an offence shall be liable on conviction to a fine not exceeding $10,000 who
acts in contravention of
subsection
(1).
(5) The Court may in addition
to the penalty provided for by subsection (4), order the offender to repair or
restore under the supervision
of an Environment Officer, any damage done as a
consequence of any act done in contravention of subsection
(1).
58.
Protection of
wetlands - (1) No excavation, dredging,
clearing, paving, grading, ploughing, dumping, reclamation., removal of trees or
other activity of
any which may alter the natural configuration of the wetlands
shall be undertaken on any wetlands, nor shall any building or structure
be
erected or altered on any wetlands, without the written consent of the
permitting authority.
(2) The
permitting authority-
(a) may grant consent under subsection (1) subject to -
(i) guidelines (if any) prescribed by regulations; and
(ii) any conditions that the permitting authority considers necessary or desirable to safeguard the environment;
(b) shall not unreasonably refuse subsection (1).
(3)
Nothing in subsection (1) applies to an activity that is specifically authorised
by a project permit issued under Part 5 of this
Act.
(4) Every person commits an
offence and shall be liable on conviction to a fine not exceeding $10, 000 who
acts in contravention of
subsection
(1).
(5) The Court may, in
addition to the penalty provided for by subsection (4), order the offender to
repair or restore under the supervision
of an Environment Officer, any damage
done as a consequence of any act done in contravention of subsection
(1).
59.
General
penalties - (1) Every person who commits
an offence against this Act (whether or not an offence against a provision of
this Part of this Act)
for which no other penalty is provided by this Act shall
be liable -
(a) in the case of a body corporate to a fine not exceeding $100,000, and if the offence is a continuing one to a further fine of $10,000 for each day or part of a day that the offence shall continue;
(b) in the case of an individual to a fine not exceeding $10,000, and if the offence is a continuing one to a further fine of $250 for each day or part of a day that the offence shall continue, or to imprisonment for a term not exceeding one year or to both the fine and imprisonment.
(2)
In addition to or instead of such fine and imprisonment, the Court may order
that individual or body corporate to do all or any
of the
following:
(a) under the supervision and to the satisfaction of a person nominated by the Court, to clear up and remedy any damage caused to the environment as a consequence of the offence within such period and upon such condition as may be specified in the order with the intent that any damaged area be restored as near as possible to a satisfactory, environmentally sound state;
(b) to remove any structure, fill or material placed in contravention of this Act;
(c) to pay such amount as the Court may assess in respect of the expenses and costs that have been or are likely to be incurred restoring the environment to its former state (its state immediately before the offence) or in removing or cleaning up or dispersing any oil or noxious liquid substance, or other harmful substance to which the offence relates.
(3)
Where the offence is committed through the discharge of oil or noxious liquid
substances or other harmful substances from a vessel,
the clearance of any such
vessel by the Customs Department shall be withheld until -
(a) all proceedings before the Court have been finally dealt with; and
(b) the penalty and any amount payable under subsection (1) or (2) is satisfied or paid;-
and
any penalty or amount payable under subsection (1) or (2) shall constitute a
lien on such vessel which may be recovered in proceedings
by action in the
Court.
60.
Liability of
principals and agents - (1) if an offence
against this Act (whether or not all offence against a provision of this Part of
this Act) is committed by any
person acting as the agent or employee of another
person, that other person is, without prejudice to the liability of the
first-mentioned
person, liable under this Act in the same manner and to the same
extent as if he or she had personally committed the offence if it
is
proved-
(a) That the act or omission that constituted the offence took place with his or her authority, permission, or consent; and
(b) That he or she -
(i) Knew or should have known that the offence was to be or was being committed; and
(ii) Failed to take all reasonable steps to prevent or stop it.
(2)
Where any body corporate is convicted of an offence against Act, every person,
being a director or a person concerned in the management
of the body corporate,
is guilty of the same offence if it is proved -
(a) That the act or omission that constituted the offence took place with his or her authority, permission or consent; or
(b) That he or she -
(i) Knew or should have known that the offence was to be or was being committed; and
(ii) Failed to take all reasonable steps to prevent or stop it.
PART
9
ENVIRONMENT
PROTECTION FUND
61.
Environment
Protection Fund - (1) The monies held in
the Environment Protection Fund shall be expended on the protection,
conservation and management of the
natural environment including the protection
of reef and foreshore, preservation and protection of flora and fauna, soil
conservation,
protection from pollution of (and removal of pollution from) land,
sea and air, and other purposes consistent with the provisions
of this Act, at
such times and in such manner -
(a) As prescribed by regulations; or
(b) In the absence of such regulations, as Cabinet may from time to time approve.
(2)
The Government may, from time to time, impose levies and taxes by Acts of
Parliament, or make appropriations the proceeds of which
shall be deposited in
the Environment Protection Fund.
PART
10
FINANCIAL
PROVISIONS
62.
Funds of the
Service - (1) The funds of the Service
consist of -
(a) all moneys received by the Service out of money appropriated by Parliament for the purpose;
(b) all moneys received by way of fees, fines, rents, royalties or other income in respect of real or personal property vested in or controlled by the Service or in respect of the exercise of any of the functions or powers of the Service under this Act;
(c) all moneys from time to time received by way of grants, donations, and subsidies;
(d) all moneys received by the Service from the sale or other disposal of any real or personal property of the Service;
(e) all accumulations of moneys belonging to the Service.
(2)
The Service shall open and maintain an account on accordance with the provisions
of the Ministry of Finance and Economic Management
Act
1995-96.
63.
Accounts
- (1) The Service shall keep full and correct accounts of money received and
expended in accordance with the provisions of the Ministry
of Finance and
Economic Management Act
1995-96.
(2) The accounts,
financial statements, and records of the Service shall be audited in accordance
with the Public Expenditure Review
Committee and Audit Act
1995-96.
64.
Financial and
fiscal responsibility - The Director
shall be responsible for ensuring that all activities of the Service are
undertaken in a manner which is consistent
with the provisions of the Ministry
of Finance and Economic Management Act
1995-1996.
65.
Exemption
from taxation - The Service shall be
exempt from the payment of any tax, duty or levy due in the performance of its
functions or the exercise of
its powers.
PART
11
COOK ISLANDS
ENVIRONMENT FORUM
66.
The
Forum - (1) The Service shall convene a
Cook Islands Environment Forum within one year of the Act coming into force, and
at such other
dates as determined by the Forum under subsection (2) or required
by the Minister under subsection
(3).
(2) Each Forum shall
determine the date of its next
meeting.
(3) The Minister may
require that additional Fora be convened for any special
purpose.
(4) The Forum shall -
(a) consider the effectiveness and shortcomings of this Act;
(b) receive reports from the Island Environment Authorities and the Service, on the operation of this Act;
(c) make recommendations to the Minister concerning reforms to the laws relating to the protection of the environment, priority environment and sustainable development concerns of the Cook Islands and changes in environment policies and programs;
(d) receive reports from any other interested parties including government departments and agencies, and registered organisations;
(e) recommend species of plants and animals for designation as protected species under section 55 or regulations;
(f) recommend protected areas from notification, the development of shared resource management agreements, and the preparation of management plans;
(g) perform such other functions as directed by the Minister.
(5)
The meetings of the Forum shall be conducted in such manner as the Minister may
determine from time to time, and the Minister
may chair the Forum or appoint a
chairperson.
PART
12
REGISTRATION OF
ORGANISATIONS
67.
Voluntary
registration of environmental
organisations - (1) Any private or
community organisation or association in the Cook Islands which purports to have
expertise in environmental
matters or which offers advice to any persons on such
matters or purports to represent the interests of any persons in relation to
such matters, may, at its discretion, register the Service for the purposes of
this Act.
(2) Regulations may
prescribe the procedure and forms for registration under this
section.
PART
13
MISCELLANEOUS
68.
Protection of
Environment Officers and members of Island Environment Authority or National
Environment Council - (1) No Environment
Officer shall in any way be liable to be prosecuted, or be liable in damages,
for the exercise or performance
in good faint of the functions, duties, or
powers vested in the Service or an Environment Officer under this
Act.
(2) No member of an Island
Environment Authority or a National Environment Council shall in any way be
liable in respect of-
(a) Anything done or omitted to be done in the exercise or performance of the functions, duties, or powers of the Authority or (as the case may be) the council; or
(b) Any words spoken or written at or for the purposes of -
(i) the hearing of any application, inquiry, or investigation under this Act; or
(ii) any other proceedings under this Act; -
unless
the thing was done or omitted to be done, or the words were written or spoken,
in bad faith.
69.
Contracts
- (1) Any contract entered into by the Service shall be in writing and executed
under the seal of the Service pursuant to approved
decisions.
(2) The seal of the
Service shall be kept in the safe custody of the Director and shall not be used
except by the Authority of the
Director.
(3) Every document to
which the seal of the Service shall be applied shall be witnessed by the
Director.
70.
Regulations
- (1) The Queen's Representative may from time to time by Order in Executive
Council make such regulations as are contemplated by
any provision of this Act
or are necessary for giving full effect to the provisions of this Act and for
the due administration
thereof.
(2) Without limiting the
generality of subsection (1), regulations may be made for all or any of the
following purposes:
(a) designating animals and plants as protected species for the purposes of this Act;
(b) providing for the protection, conservation, and management of wildlife, protected species, or both;
(c) regulating or prohibiting trade and commerce in wildlife, protected species, or both;
(d) regulating or prohibiting the pollution of air, water, or land, and the depositing, or dumping of litter, rubbish, or any substance of a dangerous, noxious, or offensive nature;
(e) regulating or prohibiting the exportation, importation, or transportation of hazardous wastes into or out of the Cook Islands, for the purpose of implementing any regional or international conventions, treaties, protocols, or agendas;
(f) controlling soil erosion and siltation, and regulating or prohibiting the taking of gravel, sand, soil, rock, coral or like materials;
(g) providing for the preservation, protection and conservation of trees and the prevention and control of the clearing, cutting, lopping, trimming, felling, burning, or removal of trees and other plants;
(h) establishing protected areas (which may include any protected areas notified under section 41) and regulating or prohibiting activities within these protected areas;
(i) prescribing procedures for the preparation of and giving effect to any management plan;
(j) prescribing forms required to be used for the purposes of this Act;
(k) prescribing offences against the regulations, and prescribing fines for such offences not exceeding not exceeding $50,000 and, in the case of continuing offences, a fine not exceeding $1000 for every day on which the offence continues;
(l) providing for the taking of samples and their testing by laboratories;
(m) prescribing procedures for entry, inspection, or search of premises, arrest of a person, and seizure or forfeiture of property, in the exercise of powers conferred by this Act;
(n) regulating the operation of the Environment Protection Fund;
(o) prescribing procedures for the registration of organisations under Part 12 of this Act;
(p) prescribing procedures for making an application for a permit or consent under this Act;
(q) prescribing guidelines restricting or otherwise regulating the issuance of permits and consents by permitting authorities;
(r) prescribing fees for applications made under this Act, and the issue of permits and consents, and for the provision of advisory and other services;
(s) prohibiting or regulating the importation or disposal of recyclable or non-recyclable products;
(t) imposing further reporting obligations on the Service;
(u) Providing for any matter incidental to or connected with any of the foregoing.
71.
General
provisions as to regulations - (1) Any
regulation made under this Act may-
(a) Apply generally throughout the Cook Islands or within a specified part of the Cook Islands;
(b) Apply generally or with respect to different classes of activities, places, or things;
(c) Apply generally or at any specified time of the year.
(2)
Regulations may confer power on an Environment Officer or a permitting authority
to give, issue, serve, or make a direction, notice,
order, or requirement, for
the purposes of this Act.
(3)
Regulations may authorise a permitting authority to exempt any person, activity,
place, or thing from any requirement of those
regulations, if the permitting
authority is satisfied that, in the circumstances, the imposition of the
requirement on that person,
activity, place, or thing, is not
necessary.
(4) Notwithstanding any
other provision in this Act, no regulation may be made under this Act that
applies to an island or any part
of an island, except after consultation (to the
extent reasonable under the circumstances) with the Island Environment Authority
for the island concerned.
(5) In
this section, "thing" includes a species of plant or
animal.
72.
Adoption of
Outer Island by-laws - (1) An Island
State Government may refer to the Minister for approval a by-law made by it
under the Island State Government Act
2003 relating to the protection or
management of the environment.
(2)
If the Minister considers it appropriate the Minister may by notice in the
Gazette approve that by-law.
(3) A
by-law approved by the Minister under this section shall be deemed to have the
force of a regulation made under this
Act.
(4) Notwithstanding any
provision of the Island State Government Act 2003 to the contrary, every person
who commits an offence against
a by-law approved by the Minister under this
section shall be liable to a fine not exceeding $50,000, and in the case of a
continuing
offence, to an additional fine not exceeding $1,000 for every day on
which the offence continues.
73.
Repeals
- (1) The following Acts are repealed:
(a) The Rarotonga Environment Act 1994 - 1995;
(b) The Rarotonga Environment Amendment Act 1998;
(c) The Rarotonga Environment Amendment Act 1999.
(2)
All proceedings, applications, notices, plans or other matter or action taken,
made, or done under an Act repealed by subsection
(1) shall be continued and
shall have full force and effect as if taken, made, or done under this
Act.
74.
Consequential
amendment - Section 4A of the
International Departure Tax Act 1984 (as inserted by section 2 of the
International Departure Amendment Act 1994)
is
repealed.
75.
Transitional
and savings provisions for former Service and former Tu'anga Taporoporo
-
(1)
Unless the context otherwise requires,
every reference to the former Service or the former Tu'anga Taporoporo in any
enactment, document,
or agreement (whether in writing or not), in force
immediately before the coming into force of this Act, is, on the coming into
force
of this Act, a reference to the
Service.
(2) The assets and
liabilities that the former Service or the former Tu'anga Taporoporo had
immediately before the coming into force
of this Act, shall, on the coming into
force of this Act, become the assets and liabilities of the
Service.
(3) Every person who is
an officer (other than Director) or employee of the former Service or former
Tu'anga Taporoporo immediately
before the coming into force of this Act, shall,
on the coming into force of this Act, become an officer or employee of the
Service
subject to any contract of employment applying to the person concerned
immediately before the coming into force of this
Act.
76.
Transitional
provisions for Director - (1) The person
holding the office of Director of the former Tu'anga Taporoporo immediately
before the coming into force of this
Act shall, on the coming into force of this
Act, hold the office of Director of the National Environment Service subject to
the provisions
of this Act.
(2)
The employment contract applying to that person in respect of the office of
Director of the former Tu'anga Taporoporo immediately
before the coming into
force of this Act shall be deemed to have been made under section 7(2) (a) of
this Act.
77.
Transitional
provisions for former Environment Council and former Environment
Officers - (1) Every member of the former
Environment Council holding office immediately before the coming into force of
this Act, shall,
on the coming into force of this Act, be deemed to hold office
as a member of the Island Environment Authority for Rarotonga as if
he or she
were appointed in accordance with item 1(a) of the
Schedule.
(2) Every person holding
office as an Environment Officer under the Rarotonga Environment Act 1994-95
immediately before the coming
into force of this Act, be deemed to be an Island
Environment Officer for Rarotonga, subject to the provisions of this Act and any
contract of employment applying to the person immediately before the coming into
force of this Act.
(3) Subsection
(1) expires at the end of the
30th
day following the say on which this Act comes into force.
___________________
This Act is administered within the National Environment Service
_________
SCHEDULE
Section
11(1) and
(2)
ISLAND
ENVIRONMENT AUTHORITY FOR EACH ISLAND TO WHICH THIS ACT
APPLIES
1.
Island Environment Authority for
Rarotonga
The Island Environment
Authority for Rarotonga shall consist of the following members:
(a) 4 members appointed by the Minister with the concurrence of Cabinet, and after consultation with the three Konitara Vaka, the members of Parliament, and the Aronga Mana, of Rarotonga, being:
(i) one person to represent the public of Rarotonga; and
(ii) one person to represent the public health interests of the Ministry of Health in relation to Rarotonga; and
(iii) one person to represent registered organisations that are active on Rarotonga, or in the absence of such organisations, to represent the non-governmental organisations of Rarotonga; and
(iv) one person to represent the Aronga Mana or Rarotonga; and
(b) The Konitara Tutara for the time being of each of the three Konitara Vaka;
(c) The members of Parliament of Rarotonga, as voting members of the Authority.
2.
Island Environment Authority for
Mangaia
The Island Environment
Authority for Mangaia shall consist of the following members:
(a) 7 members appointed by the Minister on the recommendation of the Aronga Mana of Magaia , with the concurrence of the Cabinet and after consultation with the Island State Government and members of Parliament of Mangaia; and
(b)The Kavaua Tutara for the time being of Mangaia; and
(c) Every member of Parliament for the time being of Mangaia, as a voting member of the Authority.
3.
Island Environment Authority for
Mitiaro
The Island Environment
Authority for Mitiaro shall consist of the following members:
(a) 3 members appointed by the Minister on the recommendation of the Ui Ariki of Mitiaro, with the concurrence of Cabinet and after consultation with the Island State Government, members of Parliament, and Aronga Mana, of Mitiaro; and
(b) One member appointed by the Minister on the recommendation of the Aronga Mana of Mitiaro, with the concurrence of Cabinet and after consultation with the Island State Government, members of Parliament, and Ui Ariki, of Mitiaro; and
(c) The Kavana Tutara for the time being of Mitiaro; and
(d) Every member of Parliament for the time being of Mitiaro, as a voting member of the Authority.
4.
Island Environment Authority for
Pukapuka-Nassau
The Island Environment
Authority for Pukapuka-Nassau shall consist of the following
members:
(a) 4 members appointed by the Minister on the recommendation of the kau wowolo of the Pukapuka-Nassau, with the concurrence of Cabinet and after consultation with the Island State Government , members of Parliament, and Aronga Mana, of Pukapuka-Nassau; and
(b) The Kavana Tutara for the time being of Pukapuka-Nassau; and
(c) Every member of Parliament for the time being of Pukapuka-Nassau, as a voting member of the Authority.
5.
Island Environment Authority for
Rakahanga
The Islands Environment
Authority for Rakahanga shall consist of the following members:
(a) 4 members appointed by the Minister on the recommendation of the Raungahuru of Rakahanga, with the concurrence of Cabinet and after consultation with the Island State Government, members of Parliament, and Aronga Mana, of Rakahanga; and
(b) The Kavana Tutara for the time being of Rakahanga; and
(c) Every member of Parliament for the time being of Rakahanga, as a voting member of the Authority.
6.
Island Environment Authority for each of the remaining Outer
Islands
The Island Environment
Authority for an Outer Island not specified in any of items 2 to 5 of this
Schedule shall consist of the following
members:
(a) 4 members appointed by the Minister with the concurrence of Cabinet, after consultation with the members of Parliament, Island State Government, and Aronga Mana, of the island concerned, being:
(i) one person to represent the public of that island; and
(ii) one person to represent the public health interests of the Ministry of Health in relation to that island; and
(iii) one person to represent registered organisations that are active on that island, or in the absence of such organisations, to represent the non-governmental organisations of that island; and
(iv) one person to represent the Aronga Mana of that island; and
(b) The Kavana Tutara for the time being of that island; and
(c) Every member of Parliament for the time being of that island, as a voting member of the Authority.
7.
Restrictions on the appointment of
members
(1) Notwithstanding items 1 to
6 of this Schedule,-
(a) The Minister shall not appoint any person to an Island Environment Authority unless the Minister is of the opinion that the person has suitable knowledge or experience relating to the protection, conservation, and management of the environment; and
(b) The Minister shall not appoint to an Island Environment Authority any person who is a member of an Island State Government.
(2)
For the avoidance of doubt, nothing in paragraph (1) of this item affects any
person holding office as a member of an Island Environment
Authority by virtue
of holding the office of Konitara Tutara, Kavana Tutara, or member of
Parliament.
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