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Cook Islands Sessional Legislation |
COOK ISLANDS
RAROTONGA ENVIRONMENT 1994-95
ANALYSIS
Title
1.
Short Title and commencement
2.
Interpretation
3. Act to bind the
Crown
4. Application of this
Act
PART
I
TU'ANGA
TAPOROPORO
5. Tu'anga
Taporoporo
6.
Functions
7.
Powers
8. Environment
Council
9. Functions of the
Council
10.
Chairperson
11. Tenure of
Office
12. Meetings of the
Council
13. Minutes of
meetings
14. Remuneration of Council
members
15. Disclosure of conflicting
interests
16. Special
meetings
17. Environment
Service
18. Functions of the
Service
19. Director, other officers,
and employees
20. Delegation of
powers
21. Appointment of environment
officers
22. Power of environment
officer to make search
23. Arrest by
environment officer
24. Power of
environment officer to seize vehicle, aircraft, vessel, and
article
25. Additional powers of
environment officer
26. Assaulting or
threatening environment officer an
offence
27. Impersonation of
environment officer an offence
28.
Court may order release of vehicle, aircraft, vessel, or
article
29. Order for forfeiture may
be imposed in addition to fine and
imprisonment
30. Disposal of forfeited
vehicle, aircraft, vessel, or article
PART
II
ENVIRONMENTAL
IMPACT ASSESSMENT
31. Environmental impact
assessment
PART
III
ENVIRONMENT
NOTICES
32. Environment
notices
33. Titles to land to be
noted
34. Effect of environment
notice
35. Cancellation of environment
notice
36. Special provisions in
respect of environment notices relating to native customary land
PART
IV
MANAGEMENT
PLANS
37. Management
plans
38. Coming into force of
management plan
39. Amendment or
revocation of management plan
40.
Effect of management plan
PART
V
CONTROL OF
LITTER
41.
Interpretation
42. Litter
Wardens
43. Receptacles to be provided
in public places
44. Environment
Officer may require occupier of private land to clear litter
PART
VI
OFFENCES
45. Protection of
foreshore and Rarotonga waters
46.
Council may require or take remedial
action
47. Pollution of Rarotonga
waters and internal waters
48.
Protection of rare and endangered
species
49. Disposal of toxic
chemicals
50. Excavation on sloping
land
51. Interference with work of
Council or Service
52. Penalty for
deposit of litter in public place or on private
land
53. Wilful breaking of bottles or
glass
54. General
penalties
PART
VII
FINANCIAL
PROVISIONS
55. Funds of the Tu'anga
Taporoporo
56. Borrowing
powers
57.
Accounts
58. Budget
estimates
59. Exemption from
taxation
60. Annual
report
PART
VIII
MISCELLANEOUS
61.
Contracts
62.
Regulations
63. Transfer of assets and
liabilities of the Conservation Service to the Tu'anga
Taporoporo
64.
Transitional
65. Repeal
------------------------------------------------------
1994-95, No. 39
An Act to establish the Tu'anga Taporoporo and to provide for the conservation and_ management of the environment of the island of Rarotonga in a sustainable manner
(31 July 1995
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
and commencement - (1) This Act may be
cited as the Rarotonga Environment Act
1994-95.
(2) This Act shall come
into force on the 1st August
1995.
2.
Interpretation
- In this Act, unless the context otherwise requires -
"Animal" means any member, alive or dead, of the animal kingdom (other than human beings), and includes -
(a) marine animals;
(b) terrestrial animals;
(c) migratory animals that occasionally visit Rarotonga or Rarotonga waters;
(d) any part of an animal's life cycle, such as eggs or parts of eggs; and
(e) any part of animals or animal products such as skin, feathers, horn, shell or other part of an animal.
"Cabinet" means the Cabinet of the Cook Islands;
"Chairperson" means a person appointed under section 10 of this Act as the chairperson of the Environment Council or member appointed to the position for a particular meeting in the absence of the chairperson;
"Constable" means any member of the police, of any rank;
"Council" means the Environment Council established under section 8 of this Act;
"Director" means the Director of the Tu'anga Taporoporo;
"Discharge" includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping;
"Environment" means the ecosystems and the quality of those ecosystems as well as of the physical, biological, cultural, spiritual, social and historic processes and resources in those ecosystems, including but not limited to land, water, air, animals, plants and other features of the human habitat;
"Environment officer" means an Environment Officer appointed under this Act;
"Financial year" means a period of 12 months ending on the 30th day of June;
"Foreshore" means -
(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.
"Government" means the Government of the Cook Islands;
"Internal waters" means the waters and banks of any river, stream, or lake together with the bed (whether dry or not) of any stream, river or lake. For the purposes of this definition "bank" shall include that area extending landward and measured at right angles to a distance of 5 metres from the bank of any such stream, river and lake;
"Local organisation" means any body or group of persons, committee, or club from time to time established and recognised in Rarotonga;
"Management Plan" means a plan for the management of resources prepared in accordance with section 38 of this Act;
"Mean high water mark" means the line of medium high tide between the spring and neap tides;
"Member" means a member of the Environment Council;
"Minister" means the Minister for the environment;
"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 or the descendants of natives under the native customs and usages of the Cook Islands;
"Native freehold land" means land which either as to the whole of that land, or any undivided share 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, as herein defined;
"Plant" includes any plant, tree, shrub, herb, flower, nursery stock, culture, vegetable, or other vegetation; and also includes any fruit, seed, spore, and portion or product of any plant;
"Rare and endangered species" means any species of animal or plant designated as a rare or endangered species pursuant to section 7(1)(f);
"Rarotonga waters" means all that area surrounding Rarotonga having as its inner boundary the mean high water mark, and as its outer limit the outer edge of the reef at low tide and every reef, lagoon and the bed of such lagoon within those limits;
"Service" means the Environment Service established under section 17 of this Act;
"Tu'anga Taporoporo" means the body established by section 5 of this Act;
"Vessel" means every description of water craft or other artificial contrivance used or capable of being used as a means of transportation on water;
"Wetlands" means areas of marsh, swamp or water, whether natural or artificial; permanent, seasonally flooded or temporary; with water that is static or flowing; fresh, brackish or salt and includes water storage reservoirs, taro swamps and fish ponds;
"Wildlife" means -
(a) animals and plants that are indigenous or naturalised to the island of Rarotonga or to internal waters; and
(b) any other animals and plants described by regulations made under this Act.
3.
Act to bind
the Crown - This Act shall bind the
Crown.
4.
Application
of this Act - (1) This Act shall apply
only to the island of Rarotonga and Rarotonga
waters.
(2) Where the provisions
of this Act or of any Regulation or Order made under this Act are inconsistent
with any of the provisions
of any other Act, or of any regulation, by-law, or
other law made under any other Act (other than the Constitution), the provisions
of this Act or of the regulations or orders made under this Act shall, unless
expressly provided in any Act to the contrary, prevail.
PART
I
TU'ANGA
TAPOROPORO
5.
Tu'anga
Taporoporo - (1) There is hereby
established a body corporate to be called the Tu'anga Taporoporo with perpetual
succession and a common seal
which shall be capable of holding real and personal
property and of suing and being sued, and of doing and suffering all such other
acts and things as corporations may lawfully do and
suffer.
(2) The Tu'anga Taporoporo
shall comprise the Environment Council referred to in section 8 and the
Environment Service referred to
in section
17.
6.
Functions
- The functions of the Tu'anga Taporoporo shall be to -
(a) protect and conserve the environment and to ensure the sustainable use of the natural resources;
(b) protect, conserve, manage, and control wildlife, and in particular the protection, conservation, management and control of rare and endangered species of animals and plants and the regulation and prohibition of trade and commerce in wildlife;
(c) protect, conserve, manage, and control Rarotonga waters;
(d) prevent, control, and correct the pollution of air, water, and land resources by appropriate means, including those to ensure the environmentally safe use and disposal of any toxic chemical or its wastes;
(e) provide and assist in the provision of training in the skills associated with performing any of its functions;
(f) carry out investigations, research, and monitoring relevant to the protection and conservation of the natural resources of all Rarotonga waters;
(g) protect, manage, control, and prevent damage to any beach, road, internal waters, river, stream, drain, building, market place, and area used or frequented generally by members of the public;
(h) evaluate and act on activities which significantly affect the environment;
(i) make recommendations to the Minister in relation to the protection and preservation of wildlife, forests, soil, and water resources;
(j) do anything incidental or conducive to the performance of any of the foregoing functions.
7.
Powers
- (1) The Tuanga Taporoporo 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 made to the Council and to act as trustee of money or other property vested in the Ta'anga Taporoporo upon trust;
(d) prohibit the use of natural resources beyond the limits prescribed by regulations;
(e) designate in accordance with subsection (2), animals and plants as rare or endangered species and subject to regulations as may be prescribed, to issue guidelines for the special protection of such species;
(f) obtain pursuant to section 56, loans for the purpose of enabling it to perform any or all of its functions;
(g) enforce the provisions of this Act and for that purpose to prosecute and sue any person, body corporate, or group of persons, whether incorporated or not, including the Crown its agents, servants and agencies.
(2)
For the purposes of paragraph (e) of subsection (1) the Service shall have the
power to designate by notice published in the Gazette
any animal or plant as a
rare and endangered species.
(3)
The Tu'anga Taporoporo shall have power to perform any of its functions in
co-operation with a Government agency, instrumentality
or department, or with a
local organisation.
(4) In the
exercise of its powers, the Tu'anga Taporoporo 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.
Environment Council
8.
Environment
Council - (1) There shall be an
Environment Council the membership of which shall comprise six persons appointed
by the Minister with the
approval of
Cabinet.
(2) Every person
appointed pursuant to subsection (1) shall be a person who in the opinion of the
Minister and Cabinet possesses suitable
knowledge and organisational skills, in
particular relating to the development and management of the
environment.
9.
Functions of
the Council - (1) It shall be the
function of the Council to -
(a) formulate and coordinate environment policies and programs consistent with the functions of the Tu'anga Taporoporo;
(b) recommend to the Minister for approval by Cabinet the adoption and implementation of environment policies and programs consistent with the functions of the Tu'anga Taporoporo;
(c) advise the Minister on environment policies and programs;
(d) convey to the Service such policies and programs as are approved by the Council for implementation;
(e) consider and approve budgets of the Tu'anga Taporoporo;
(f) consider and if necessary make recommendations to the Minister in respect of all project proposals.
(2)
In the performance of its functions the Council shall:
(a) have regard to the policy of Government as conveyed to it by the Minister in writing; and
(b) seek expert advice at all times where such expert advice is reasonably available.
10.
Chairperson
- There shall be a chairperson of the Council who shall be appointed by the
Minister from amongst those Council members appointed
pursuant to section 8,
which person shall, subject to subsections (2) and (3) of section 11, hold
office for a term of three
years.
11.
Tenure of
Office - (1) Except as otherwise provided
by this section, every member of the Council shall be appointed for a term of 3
years, but may
from
time
to time be
re-appointed.
(2) Any member of
the Council may at any time resign by giving notice in writing to the
Minister.
(3) The Minister with
the approval of Cabinet may by notice in writing remove a member from the
Council in the case of a member becoming
bankrupt, or incapacitated by
illness,
or if he is absent from 3 consecutive
Council meetings without leave of the Council, or is otherwise unable or unfit
by reason of
incompetence or misbehaviour to discharge his functions as a
member.
(4) Where any member of
the Council ceases to be a member before the expiration of his appointed term of
office the Minister may with
the approval of Cabinet appoint another member in
his stead for the balance then remaining of his term of office.
(5) The powers of the Council
shall not be affected by any vacancies in its
membership.
12.
Meetings of
the Council - (1) Every meeting of the
Council shall be presided over by the Chairperson. In the absence of the
Chairperson the members present
shall appoint one of their number to be the
chairman for that meeting.
(2) The
first meeting of the Council shall be held on a date to be appointed by the
Minister, and subsequent meetings shall be held
on such dates as the Council
shall decide but in any event at intervals of not less than once every two
months.
(3) At all meetings of the
Council the quorum necessary to transact business shall be four
members.
(4) Every question before
a meeting of the Council shall be determined by a majority of valid votes of the
members present and, in
the case of equality of votes the Chairperson at any
meeting shall have a casting as well as a deliberative
vote.
(5) Subject to the
provisions of this Act and any regulations made hereunder, the Council may
regulate its proceedings in such manner
as it thinks
fit.
(6) The Minister shall have
the right to attend and address any meeting of the
Council.
(7) The Director (if not
a member of the Council) shall attend every meeting of the
Council.
13.
Minutes of
meetings - (1) The Council shall cause
minutes to be kept in a book provided for the purpose of all resolutions and
proceedings at its meetings.
(2)
The minutes shall be approved by the Council and signed by the Chairperson at
the meeting immediately after the meeting at which
they were
passed.
(3) A copy of the minutes
of every meeting shall be furnished to every
member.
14.
Remuneration
of Council members - Every member of the
Council may be paid out of the Tu'anga Taporoporo's Account established by
section 55 of this Act such remuneration,
expenses and allowances as may be
prescribed by Order in Executive
Council.
15.
Disclosure of
conflicting interests - (1) Any member
who, otherwise than in his capacity as a member, is directly or indirectly
interested in any matter, arrangement
or agreement of the Tu'anga Taporoporo
shall, as soon as possible after the relevant facts have come to his knowledge,
disclose the
nature of his interest to the Council if the Council is in session
or if it is not in session the Chairperson of the
Council.
(2) A disclosure under
this section shall be recorded by the Council or Chairperson as the case may be,
and the member shall thereafter
not take part in any deliberations or decisions
relating to the matter, arrangement or agreement but shall be counted as present
for the purpose of forming a quorum of the
Council.
16.
Special
meetings - (1) The Chairperson or any
three members of the Council 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
Council.
(2) A notice under
subsection (1) shall be delivered to every member of the Council and to the
Director before the date of the meeting.
Environment Service
17.
Environment
Service - There shall be established as
part of the Tu'anga Taporoporo a Service to be known as the Environment Service
to comprise the Director
and such other officers and employees as may be
appointed pursuant to sections 19 and
21.
18.
Functions of
the Service - The functions of the
Service shall be to -
(a) implement such policies as are conveyed to the Service by the Council;
(b) implement such programs as are approved by the Council;
(c) formulate and recommend policies consistent with the Tu'anga Taporoporo's functions for adoption by the Council;
(d) recommend programs consistent with the Tu'anga Taporoporo's functions for approval by the Council;
(e) exercise the powers of the Tu'anga Taporoporo;
(f) implement and promote the functions of the Tu'anga Taporoporo;
(g) act as the secretariat to the Council.
19.
Director,
other officers, and employees - (1) There
shall be appointed by the Minister acting with the concurrence of Cabinet, a
Director of the Tu'anga Taporoporo to be
the administrative head of the Service
and who shall subject to the provisions of this Act and any regulations
prescribed, exercise
such functions and powers as are conferred on the
Service.
(2) The Director shall be
paid such remuneration and allowances as may from time to time be fixed by the
Minister with the approval
of
Cabinet.
(3) The Director may,
with the prior approval of the Minister, appoint -
(a) a Deputy-Director with responsibility for any particular function of the Service; and
(b) such other officers and employees of the Service as may from time to time be required,
on
such terms and conditions as the Director with the approval of the Minister may
determine to enable the Service to efficiently
perform its functions and
powers.
(4) The Tu'anga Taporoporo
by notification in the Cook Islands Gazette, make rules for the duties of
officers and employees (other
than the Director), of the Tu'anga Taporoporo and
their salaries, allowances and conditions of
service.
(5) The Director may,
with the prior approval of the Minister, employ such consultants as may from
time to time be necessary to assist
the Service in the performance of its
functions.
(6) Every Deputy
Director, officer, employee and consultant shall in the performance of their
duties under this Act be responsible
to the
Director.
20.
Delegation of
powers - (1) The Director may, by writing
signed by him, delegate to any Deputy Director or other officer of the Service
all or any of his
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 of a power
or the performance of a function
by the Director.
Environment Officers
21.
Appointment
of environment officers - (1) The
Director may, with the approval of the Minister, by instrument in writing
appoint-
(a) officers or employees of the Service to be environment officers; and
(b) other persons to be environment officers having such functions duties and powers as the Director shall determine.
(2)
The Director shall, by virtue of his appointment, be deemed to be an environment
officer.
(3) Every constable
shall, by virtue of his office, have all the powers of an environment
officer.
(4) The Director shall
cause to be issued to each environment officer other than a constable, an
identity card in such form as the
Director thinks fit, containing a photograph
of the holder.
(5) Every person
who ceases to be an environment officer shall forthwith return his identity card
to the Director.
22.
Power of
environment officer to make search - An
environment officer may, on producing his identity card issued under section 21
and (if not a constable) in the presence of
a constable, search any private
property, vehicle, aircraft, or vessel if he believes on reasonable grounds that
there is in or on
that private property, vehicle, aircraft, or
vessel,
(a) any animal, plant, or article in respect of which an offence against this Act has been committed; or
(b) anything that will afford evidence as to the commission of an offence against this Act,
and
may for that purpose stop or detain a vehicle, aircraft or
vessel.
23.
Arrest by
environment officer - (1) An environment
officer may, without warrant and (if not a constable) in the presence of a
constable, arrest any person whom
he reasonably believes to have committed an
offence against this Act or regulations made under this
Act.
(2) Before arresting any
person under subsection (1), the environment officer shall produce and show his
identity card to the person
being
arrested.
(3) Any person arrested
under subsection (1) shall be brought before a Court as soon as practicable
after his arrest to be dealt with
in accordance with
law.
24.
Power of
environment officer to seize vehicle, aircraft, vessel and
article - An environment officer may (if
not a constable) in the presence of a constable, and any constable may seize any
vehicle, aircraft,
vessel, or article that he reasonably believes to have been
used or otherwise involved in the commission of an offence against this
Act or
regulations made under this Act, and subject to section 28, may retain it for a
period of 3 months from the date of its seizure,
or, if a prosecution for an
offence against this Act is instituted within that period, until the prosecution
is disposed of and,
in the event of an appeal against the decision in that
prosecution, until the appeal has been
determined.
25.
Additional
powers of environment officer - (1) An
environment officer may, on producing his identity card issued under section 21,
or a constable may -
(a) order a person whom he finds committing or whom he suspects of having committed an offence against this Act or any regulations under this Act, to disclose his full name and usual place of residence;
(b) order any person whom he reasonably suspects of having done an act in respect of which the person is required to hold a licence, permit, or other authority under this Act to produce such a licence, permit, or evidence of such an authority.
(2)
Every person commits an offence against this Act who fails forthwith to comply
with any order under this section, and upon conviction
shall be liable to a fine
not exceeding $500.
(3) No
environment officer shall be liable to be prosecuted or liable in damages for
the performance in good faith of the functions,
duties and powers imposed on the
Tu'anga Taporoporo or an environment officer under this
Act.
26.
Assaulting or
threatening environment officer an
offence - Every person who assaults or
threatens any environment officer acting in the performance of his duties
commits an offence, and
upon conviction shall be liable to a fine of not
exceeding $500 or to imprisonment for a period not exceeding 3 months or to
both.
27.
Impersonation
of environment officer an offence - Every
person commits an offence who by words or conduct falsely represents that he is
or 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 such
fine and
imprisonment.
28.
Court may
order release of vehicle, aircraft, vessel, or
article -The High Court may pending the
hearing of any prosecution order that any vehicle, aircraft, vessel or article
seized under section
24 to be released to its owner or to the person from whom
it was seized, either conditionally or upon such conditions as the High
Court in
its absolute discretion, considers
necessary.
29.
Order for
forfeiture may be imposed in addition to fine and
imprisonment - 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 or both, order the forfeiture to the
Tu'anga Taporoporo of any vehicle, aircraft, vessel or article used or
otherwise
involved in the commission of the
offence.
30.
Disposal of
forfeited vehicle, aircraft, vessel, or
article - Any vehicle, aircraft, vessel
or article forfeited under section 29 may be sold or otherwise disposed of as
the Court thinks fit
and the proceeds of anything so sold shall without further
appropriation than this section be paid to the Tu'anga Taporoporo for
its
use.
PART
II
ENVIRONMENTAL
IMPACT ASSESSMENT
31.
Environmental
impact assessment - (1) No person shall
undertake any activity which is likely to significantly affect the environment
except in accordance with a
project permit issued under this
section.
(2) Notwithstanding
subsection (1), where particulars of any proposed activity are referred to the
Service by any person or body responsible
for the granting of any licence,
permit or other form of approval, the Service may require that a project permit
be applied for and
obtained in respect of the proposed activity, as if such a
permit were required pursuant to subsection
(1).
(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 proposed project upon the environment and in particular -
(i) those adverse affects 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
(c) the alternatives to the proposed project.
(4)
Every application for a project permit shall comply with any guidelines
prescribed by regulations under this
Act.
(5) The Service shall
-
(a) publish a list of projects for which it has received applications under this section;
(b) ensure environmental impact assessments are available for review by the public;
(c) accept comments received within 30 days after the list's publication, from other Government departments or agencies and the public; and
(d) supply all information to the Council.
(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 Council has reviewed and assessed the application and all relevant
information including the environment impact assessment,
the Service shall
notify the applicant of its decision -
(a) approving a permit for the proposed project, specifying, if any, the terms and conditions subject to which the approval is granted; or
(b) requesting the applicant to submit modifications regarding the proposed project; or
(c) refusing a permit for the proposed project and stating the reasons for such refusal.
(8)
Within fourteen days of receiving notice of a refusal under subsection (7)(c)
the applicant may, by letter to the Minister, request
that the Minister
reconsider the Council's decision. The Minister shall, review the Council's
decision and all information relevant
thereto including the national and any
local interest, and shall notify the applicant and the Service in writing of his
decision
to either -
(a) uphold the Service's decision to deny the proposed project permit; or
(b) direct the Service to request that the applicant submit specified modifications to the Service regarding the proposed project for consideration by the Council.
(9)
No person affected by a decision under subsections (7)(a) or (8)(a) may appeal
against that decision to the High Court, except
on the grounds of lack of
jurisdiction.
(10) Every person
who is required by this section to obtain a project permit and fails to file a
project permit application commits
an offence, and shall upon conviction be
liable to a fine not exceeding
$10,000.
(11) Every person who,
without a project permit, initiates any activity which is likely to
significantly affect adversely the environment
commits an offence, and shall
upon conviction be liable -
(a) in the case a body corporate to a fine not exceeding $200,000;
(b) in any other case to a fine not exceeding $20,000.
(12)
In addition to any penalty imposed pursuant to subsections (10) and (11) the
High 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) to pay such amount as the High Court may assess in respect of the expenses and costs that have or may be incurred in restoring the environment to its former 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.
PART
III
ENVIRONMENT
NOTICES
32.
Environment
notices - (1) Subject to the provisions
of this Part, the Council, may cause to be issued in respect of any native land
an environment notice
for the purpose of -
(a) protecting, conserving, managing and controlling any resource animal plant or habitat of any animal or plant; or
(b) providing to the public the enjoyment of any land the subject of the notice.
(2)
Every environment notice issued pursuant to this section shall specify
-
(a) in the case of native freehold land, the legal description of the land to which it shall relate or in the case of native customary land, a survey description; and
(b) the particulars of the resource, animal, plant or habitat; and
(c) a management plan prepared in accordance with Part IV of this Act; and
(d) the conditions and restrictions that shall apply in respect of the land,
and
shall be published in the
Gazette.
(3) An environment notice
shall not be issued by the Council, -
(a) in respect of native freehold land, unless and until there has been 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 notice relates a shared resource management agreement as provided for in subsection (4);
(b) in respect of 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 any other person having or appearing to have an interest in the land to which the notice relates, a shared resource management agreement as provided for in subsection (4).
(4)
Every shared resource management agreement shall -
(a) identify the resource animal plant or habitat to be protected conserved managed or controlled;
(b) include a management plan prepared in accordance with Part IV of this Act; and
(c) describe the manner in which the management plan shall be implemented so as to achieve the objectives of the plan; and
(d) set out any restrictions (if any) to which the land shall be subject in the interests of achieving the objects of the plan; and
(e) provide for the manner in which the management plan may be amended or varied.
(5)
The High Court may, if it is satisfied on application by the Director that it is
the intention of the parties that the land or
any part thereof should be subject
to an environment notice, make an order accordingly (in this Act called an
environment protection
order) for such period and upon such terms and conditions
as shall be agreed between
them.
(6) An environment notice
shall come into force and take effect from the date that an environment
protection order shall be
made.
(7) After an environment
notice shall come into force no person shall without the consent of the Director
carry out any works or undertake
any activity on the land subject to the notice
if that work or activity is contrary to the notice or the shared resource
management
agreement or is likely to jeopardise the objectives of the management
plan.
(8) Every environment
officer shall be entitled at all reasonable times to have access to and enter
upon any land that is subject
to an environment notice to implement and monitor
the objectives of any relevant management plan and to determine whether any
restrictions
and conditions relating to the land are being complied
with.
33.
Titles to
land to be noted - The Registrar of the
High Court or Deputy Registrar as the case may be shall cause every environment
protection order affecting
land to be noted against the records of the land
affected by the order and for this purpose the Director shall cause to be
registered
with the Registrar or the Deputy Registrar a copy of the shared
resource management agreement and environment
notice.
34.
Effect of
environment notice - Subject to section
36 every person having an interest in or who shall derive an interest in land
that is subject to an environment
notice shall hold or derive that interest
subject to the terms and conditions of the resource management agreement and
environment
notice affecting the
land.
35.
Cancellation
of environment notice - (1) Where the
Council is of the opinion that an environment notice should be cancelled the
Council 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, 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 the Council the environment notice and any
environment protection order shall cease to
have any force or effect and any
shared resource management agreement shall be deemed to have
terminated.
(2) A copy of every
notice of cancellation that shall relate to native freehold land shall be filed
with the Registrar of the High
Court or a Deputy Registrar who shall cause the
notice of cancellation to be noted against the records of the land
affected.
36.
Special
provisions in respect of environment notices relating to native customary
land
-
(1) Every environment notice affecting
native customary land shall continue in force until such time as the notice is
cancelled pursuant
section 35 or until the freehold title to the land affected
has been investigated by the High
Court.
(2) Notwithstanding the
provisions of any Act to the contrary the Director may in accordance with this
Act take such action and commence
such proceedings as the Director may determine
to require compliance with or to prosecute any breach of the terms and
conditions
of an environment notice that shall be in force in respect of native
customary land.
(3) For the
purposes of the Director entering into a shared management resource agreement
affecting native customary land the Director
may make application to the High
Court to determine the owners thereof.
PART
IV
MANAGEMENT
PLANS
37.
Management
plans - (1) The Service may from time to
time and shall when directed by the Council, prepare a draft management plan for
the island of
Rarotonga for the protection, conservation, management, and
control of -
(a) wildlife including endangered species and the habitat of such wildlife and specie;
(b) Rarotonga waters and inland waters;
(c) foreshore areas;
(d) forests;
(e) soil erosion;
(f) pollution and waste;
(g) wetlands; and
(h) any other matter relating to the environment which in opinion of the Service or the Council will benefit from a management plan.
(2)
When the Service has prepared a draft management plan the Director shall, by
public notice -
(a) state that a management plan has been prepared and the areas affected by the plan;
(b) specify the place or places where such a 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 to make representations 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.
(3)
Any person may, not later than the date specified in the notice, make
representations to the Service in connection with the proposed
management plan
and the Service shall give due consideration to any representations so made, and
may alter, amend, or vary the proposed
management
plan.
(4) In the preparation of
the management plan regard shall be had to the following objects
-
(a) in the case of landowners or occupiers of land affected by the plan expressing an interest in participating in the management plan, the preparation of the plan in consultation with those landowners or occupiers and the implementation of the plan by a management committee including representatives of those landowners and occupiers;
(b) the protection of special features, including objects and sites of biological, geological, and geographical interest;
(c) the protection of the water catchment values of those areas within the plan;
(d) the protection, conservation, control and management of, soil resources, erosion, and related works; and
(e) good traditional practices.
(5)
The Director shall submit to the Council the draft management plan, together
with such comments and representations as have been
made under subsection
(3).
(6) The Council
may-
(a) accept or decline to accept the draft management plan as so submitted; or
(b) refer it to the Service, together with its suggestions for further consideration and for any necessary amendment to the draft management plan.
(7)
Where the Council has referred the draft management plan to the Service under
subsection (6)(b), the Service shall consider the
Council's suggestions, and may
alter, amend, or vary the draft plan before re-submitting the draft plan to the
Council for approval.
(8) As soon
as practicable after a management plan has been accepted by the Council it is to
be laid before Cabinet for consideration.
In the event that Cabinet does not
approve any Management Plan, it shall be referred back to the Council with
Cabinet's recommendations.
38.
Coming, into
force of management plan - A management,
plan shall come into force by Order in Executive Council, and the Service shall
then manage those areas within the
management plan in accordance with that
plan.
39.
Amendment or
revocation of management plan - The
Service shall from time to time prepare a draft amendment of an approved
management plan in substitution for part of that plan
or a draft new management
plan in substitution for an approved management plan and the provisions of
section 37 shall apply with
respect to any such amendment or new
plan.
40.
Effect of
management plan - The provisions of any
management plan may be prescribed by regulations, which regulations may
prescribe offences for any breach
of a management plan and may prescribe fines
not exceeding $10,000.
PART
V
CONTROL
OF LITTER
41.
Interpretation
- In this Part, unless the context otherwise requires -
"Depositing", in relation to litter, includes -
(a) casting, placing, throwing, or dropping litter; and
(b) allowing litter to be cast, thrown, dropped or, without reasonable excuse, to escape, from any motor vehicle or trailer;
"Litter" includes any refuse, rubbish, animal remains, glass, metal, garbage, debris, dirt, filth, rubble, ballast, stones, earth, or waste matter, or any other thing of a like nature;
"Occupier", in relation to any land or premises, means any lessee, licensee, or other occupant of the land, and includes the owner or the agent of the owner where there is no apparent occupier;
"Private land" means every place other than a public place;
"Public place" includes -
(a) 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;
(b) any park, garden, or other place of public recreation to which the public has access, whether with or without payment of any fee;
(c) 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;
(d) any waters to which the public traditionally has access, whether with or without payment of any fee, for bathing or other recreational purposes;
(e) every wharf, pier, or jetty to which the public has access;
(f) any airport within the meaning of section 2 of the Airport Authority Act 1985;
(g) any land vested in or controlled by the Crown, being land that is not occupied pursuant to any lease, licence, or other authority by any private person;
(h) 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 does not include any site for the disposal of litter, or any receptacle installed in any such public place pursuant to this Act or any other Act.
42.
Litter
Wardens - (1) The Minister may from time
to time by warrant under, his hand, appoint Litter Wardens for the purpose of
enforcing this section.
(2) Every
Litter Warden shall be issued with an identity card signed by the Minister which
shall be evidence of the authority of the
person named on that identity card to
carry out the duties of a Litter Warden, and a Litter Warden shall produce that
identity card
whenever requested to do so by any person requiring evidence of
the Litter Warden's authority under this
Act.
(3) Every Litter Warden is
authorised to enforce the provisions of this Part and may, without further
authority than this section,
summarily interfere to prevent the deposit or
attempted deposit of litter (whether inadvertently or otherwise) in any public
place
or from any such public place onto private land if the Litter Warden has
good reason to believe the deposit or attempted deposit
has been or is being made without
the consent of the occupier of that private
land.
(4) A Litter Warden may, if
permitted or requested to do so, by the occupier of any private land, enter that
land if so required for
the discharge of his
duty.
(5) If a Litter Warden finds
a person committing an offence against this section, or has good cause to
believe that a person has committed
such an offence, the litter warden may
require that person to do any or all of the following, namely, -
(a) state his name, and place of residence;
(b) remove the litter from that place or land and to dispose of it in such a manner as the litter warden may direct or as will not contravene the provisions of this Act;
(c) pay to the Litter Warden a fine of $20.00 within 14 days.
(6)
Every person who shall be required to pay a fine pursuant to subsection (5)(c)
may -
(a) elect to pay the fine and in the event that the fine is paid to the litter warden, the litter warden shall acknowledge in writing the receipt of such sum and the person shall not be liable to prosecution under section 52; or
(b) elect not to pay the fine in which event he shall be liable to prosecution under section 52.
(7)
Every amount paid to a Litter Warden pursuant to subsection (5)(c) shall be paid
by the litter warden to the account of the Tu'anga
Taporoporo within 3 working
days of its receipt.
(8) Every
Litter Warden shall without further appropriation than this section, be paid
remuneration at intervals of not less than
two weeks, equivalent to fifty
percent of the fines imposed by him pursuant to subsection (5)(c), and paid
whether to that litter
warden or to the office of the Tu'anga Taporoporo
pursuant to, subsection
(6)(a).
(9) Every Litter Warden
who fails to comply with subsection (7) commits an offence and shall on
conviction be liable to a fine not
exceeding $500 or to a fine equivalent to 3
times the amount which he has failed to pay to the Tu' anga Taporoporo,
whichever is
the higher.
(10) For
the purpose of this section, every environment officer is deemed to be a Litter
Warden.
43.
Receptacles
to be provided in public places - (1)
Every person, authority, and Government department or agency shall at all times
provide and maintain in every public place
under his or its control or
management where litter is likely to be deposited, such number of litter
receptacles, of suitable construction
and design for the temporary deposit of
litter as may reasonably be necessary to keep the place free from
litter.
(2) Where litter generated
on or attributable to any particular land or premises is likely to be carried or
to otherwise escape from
that land or those premises onto a public place, an
environment officer shall require the occupier of the land or premises to take
all reasonable steps to prevent such litter being carried or escaping onto the
public place.
(3) Where it can be
shown that excessive litter is attributable to or emanates from any particular
land or premises, an environment
officer may require the occupier of the land or
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 may be kept free of that
litter.
(4) Where any occupier
fails to comply with any proper request of a environment officer to take
reasonable steps to prevent litter
being carried or escaping under subsection
(2), or to provide suitable litter receptacles in accordance with subsection
(3), the
officer may take those steps or provide and install those receptacles,
and shall recover the cost of so doing from the occupier as
a debt due to the
Tu'anga Taporoporo.
(5) Every
person, authority, and Government department to which this section shall apply
shall also make appropriate provision for
the emptying of the contents of litter
receptacles situated within public places under its control or in its district
and for the
removal and disposal of those contents. The work shall be executed
promptly, efficiently, and at regular
intervals.
44.
Environment
Officer may require occupier 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
the Crown or any
authority a notice in writing requiring the occupier, to the
satisfaction of the officer -
(a) to clear away, or remove, from the land; or
(b) to clean up; or
(c) to 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 Council, which 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 at that time and
place, to be
heard.
(5) The chairperson of the
Council for the time being may appoint a committee of the Council to hear and
determine any objection under
this
section.
(6) The Council, after
hearing an objection, 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.
PART
VI
OFFENCES
45.
Protection of
foreshore and Rarotonga waters - (1)
Every person commits an offence who, without the prior consent in writing of the
Council (which consent may be granted on such
terms and conditions as the
Council may impose), or contrary to any terms and conditions of a management
plan either -
(a) removes any silt, sand, cobble, gravel, boulder, coral or any tree from the foreshore or Rarotonga waters; or
(b) carries out any excavation dredging clearing paving, grading, ploughing, removal of trees or vegetation or other activity within the foreshore or Rarotonga waters which may result in the alteration of the natural configuration of the foreshore; or
(c) places any fill or material of any type within the foreshore or Rarotonga waters;
(d) carries out the construction or erection of any wall or structure within the foreshore or Rarotonga waters.
(2)
The consent of the Council shall not be granted in respect of the foreshore
unless the Council is of the opinion that such removal,
excavation, or fill will
result in the restoration or preservation of the natural configuration and
features of the foreshore or
the natural flow of
water.
46.
Council may
require or take remedial action -
Notwithstanding any penalty or other order which may be imposed in respect of
any offence committed against section 45 of this
Act, where the Council is of
the opinion that any person has acted in contravention of section 45 or not in
accordance with the written
consent of the Council, the Council may
-
(a) require that person to desist from so acting and take such remedial action as the Council may determine; or
(b) where that person refuses to take such remedial action as may be determined by the Council, take such remedial action as may be necessary in the circumstances, and recover the cost of so doing from that person.
47.
Pollution of
Rarotonga waters and internal waters -
Every person commits an offence who-
(a) throws, discharges, or deposits, or causes, suffers, or procures to be thrown, discharged, or deposited into any Rarotonga waters or internal 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 Rarotonga waters or internal 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 other properties, or to any 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 Rarotonga or internal waters.
48.
Protection of
rare and
endangered
species - (1) Every person commits an
offence who -
(a) threatens or disturbs any rare or endangered animal or plant or the habitat of any such animal or plant;
(b) imports, exports, transports, from Rarotonga, (whether overseas or to any other island within the Cook Islands), or trades in -
(i) any rare or endangered animal or plant; or
(ii) any animal or plant which as a consequence is likely to be damaging to or become a nuisance to wildlife or the environment.
(2)
It shall be the duty of every environment officer, and every officer and
employee of the Department of Agriculture and the Department
of Customs to
enforce the provisions of this Act relating to the prohibition of import, export
and trade in rare and endangered animals
and plants and in the performance of
that duty shall have all the powers and duties of an environment officer under
this Act and
shall upon detecting an offence under this Act give notice to the
Director of the circumstances relating
thereto.
49.
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.
50.
Excavations
on sloping land - (1) No excavation of
any kind shall be undertaken on any land having a natural gradient in excess of
1:10, or shall any building
or structure be erected or altered on such land
without the written consent of the Council, which consent may be subject to such
conditions as may be prescribed or, if no such conditions are prescribed, such
conditions as the Council deems necessary for the
protection of the environment,
provided that where it is clear that damage to the environment is unlikely to
result from such excavations,
such consent shall not be unreasonably
withheld.
(2) Every person commits
an offence and shall be liable on conviction to a fine not exceeding $5,000 who
acts in contravention of
subsection
(1).
(3) The High Court may, in
addition to any penalty provided for by subsection (2) order the offender to
repair or restore under the
supervision of the Director any damage done as a
consequence of any act done in contravention of subsection
(1).
51.
Interference
with work of Council or Service - Every
person commits an offence against this Act who threatens destroys or otherwise
interferes with work of the Council or the
Service whether undertaken or in
progress.
52.
Penalty for
deposit of litter in public place or on private
land - (1) Every person commits an
offence who, without reasonable excuse -
(a) deposits any litter in or on any public place or, in the case of any private land, in or on that private land without the consent of its occupier or in the case of private land in the ownership or possession of an absentee owner deposits any litter whether that absentee owner consents or not;
(b) 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;
(c) having elected to pay a fine under section 42(5)(c) fails to pay that fine;
(d) fails to comply with the provisions of a request made pursuant to section 43;
(e) fails to comply with a notice issued under section 44 or fails to comply with a decision of the Council under that section,
and
upon conviction shall be liable, in the case of an individual, to a fine not
exceeding $750; or 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 on 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 a Court convicts
a person of an offence against this section the Court may, if it thinks fit, in
addition to imposing a
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 judgment debt
due to the authority
or occupier from the offender and may be enforced in any
manner in which a judgment or order of the Court for the payment of a civil
debt
may be enforced.
53.
Wilful
breaking of bottles or glass - Every
person commits an offence, who wilfully breaks any bottle, or any 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.
54.
General
penalties - (1) Every person who commits
an offence 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 $200,000 and if the offence is a continuing one to a further fine of $25,000 for each day or part of a day that the offence shall continue; or
(b) in the case of a body corporate the Court in addition to any fine imposed may sentence any Director or Officer proved to be responsible for the commission by a body corporate of an offence against this Act to imprisonment for a term not exceeding one year;
(c) in the case of an individual to a fine not exceeding $20,000 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.
(2)
In addition to or instead of such fine and imprisonment the High Court may
either order that individual or body corporate -
(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 conditions as may be specified in the order with the intent that any damaged area be restored as near as possible to a satisfactory, environmentally compatible state;
(b) to remove any structure, fill or material placed in contravention of this Act.
(c) to pay such amount as the High Court may assess in respect of the expenses and costs that have or may be incurred restoring the environment to its former 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 a company or corporation commits an offence against this Act, every
director and every officer concerned in the management
of the company or
corporation shall be guilty of the like offence, unless the act constituting the
offence took place without his
knowledge or
consent.
(4) 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 High Court have been finally dealt with; and
(b) the penalty and any amount payable pursuant to subsection (1) is satisfied or paid, and any amount so payable shall constitute a lien on such vessel which may be recovered in proceedings by action in the High Court.
PART
VII
FINANCIAL
PROVISIONS
55.
Funds of the
Tu'anga Taporoporo - (1) The funds of the
Tu'anga Taporoporo consist of -
(a) all money received by the Tu'anga Taporoporo out of money appropriated by Parliament for the purpose;
(b) all money received by way of fees, fines, rents, royalties, or other income in respect of real or personal property vested in or controlled by the Tu'anga Taporoporo or in respect of the exercise of any of the functions or powers of the Tu'anga Taporoporo under this Act;
(c) all money from time to time received by way of grants, donations, and subsidies;
(d) all money received by the Tu'anga Taporoporo from the sale or other disposal of any real or personal property of the Tu'anga Taporoporo;
(e) all accumulations of money belonging to the Tu'anga. Taporoporo.
(2)
The Tu'anga Taporoporo shall open and maintain an account to be called the
Tu'anga Taporoporo Account with a Bank approved by
the Minister of Finance and
all money received shall be paid into the appropriate account at the earliest
opportunity.
(3) The fiends of the
Tu'anga Taporoporo shall be applied only -
(a) in payment or discharge of the expenses, charges, obligations, liabilities incurred or undertaken by the Tu'anga Taporoporo in or in connection with the performance of its functions or exercise of its powers;
(b) in payments required by law to be made out to its funds.
(4)
No money shall be withdrawn from the bank except by the authority of the Council
and either by cheque or by any other instrument
(not being a promissory note or
a bill) signed by an officer or other person authorised by the Council and
countersigned by a member
of the Council authorised by the Council for that
purpose.
(5) The Council shall
have the power to authorise the investment of any surplus funds held, at such
bank as may from time to time
be appointed by the
Minister.
56.
Borrowing
powers - The Tu'anga Taporoporo may with
the consent of the Acting Minister of Finance with the concurrence of Cabinet
borrow money by way
of mortgage, debentures, bonds, overdraft or otherwise and
may mortgage or charge any of its real or personal property, whether present
or
future in such manner as it thinks
fit.
57.
Accounts
- (1) The Tu'anga Taporoporo shall keep full and correct accounts of money
received and expended by it and shall do all things necessary
to
-
(a) cause to be kept proper accounts and records;
(b) ensure payments are correctly made and properly authorised;
(c) maintain adequate control over its assets or the assets in its custody; and
(d) maintain adequate control over its liabilities.
(2)
The Tu'anga Taporoporo shall as soon as possible after the end of the financial
year, but not later than the end of the fourth
month of the next succeeding
financial year balance its accounts for that year and prepare a statement of
assets and liabilities
as at the end of that financial year, together with an
account of income and expenditure showing financial transactions of the Tu'anga
Taporoporo.
(3) The account,
financial statements and records of Tu'anga Taporoporo shall be audited annually
by auditors appointed pursuant to
Article 71 of the Constitution and a report of
the audit shall be supplied to the Tu'anga Taporoporo and to the
Minister.
58.
Budget
estimates - (1) The Tu'anga Taporoporo
shall prepare and submit to the Minister one month before the beginning of any
financial year, the budget
estimates for its revenues, expenditures, provisions
for depreciation, and other provisions in such form as the Minister may direct.
The Minister upon advice from the Minister of Finance, shall submit the
estimates with his recommendation to the Cabinet. The estimates,
as approved by
Cabinet, shall be returned to the Tu'anga
Taporoporo.
(2) The Tu'anga
Taporoporo shall approve expenditure only in accordance with its approved budget
estimates subject to the following
powers of re-allocation -
(a) the Chairperson may exercise a power of virement not exceeding twenty percent of the budgeted amount for the item to which funds are transferred;
(b) the Minister may authorise expenditure in excess of the total provided to the extent that receipts of the Tu'anga Taporoporo exceed the amount estimated.
59.
Exemption
from taxation - The Tu'anga Taporoporo
shall be exempt from the payment of any tax (including turnover tax), duty levy
or due in the performance
of its functions and the exercise of its
powers.
60.
Annual
report - (1) The Tu'anga Taporoporo shall
as soon as practicable after the end of each financial year but not later than
the 30th September
of each year prepare and furnish to the Minister a report on
its operations during the year ended on the preceding 30th of June,
together
with financial statements in respect of that year in such form as the Minister
may approve.
(2) Every annual
report shall be laid before Parliament within 28 days after the furnishing
thereof to the Minister if Parliament
is then in Session and if Parliament not
then in session, at the commencement of the next ensuing Session.
PART
VIII
MISCELLANEOUS
61.
Contracts
- (1) Any contract required to be in writing and entered into by the Tu'anga
Taporoporo shall be in writing and executed under the
seal of the Tu'anga
Taporoporo pursuant to a duly minuted resolution of the
Council.
(2) The seal of the
Tu'anga Taporoporo shall be kept in the safe custody of the Director and shall
not be used except by the authority
of the
Council.
(3) Every document to
which the seal of the Tu'anga Taporoporo shall be applied shall be witnessed by
the Director and a member of
the Council authorised by the Council for that
purpose.
62.
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:
(a) providing for the functions and powers to be conferred and the duties to be imposed upon environment officers;
(b) providing for the protection, conservation and control of wildlife including rare and endangered species;
(c) regulating or prohibiting trade and commerce in connection with wildlife including rare and endangered species;
(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) providing for the prevention and control of soil erosion and siltation, and of the taking of gravel, sand, soil, rock, coral, or like material;
(f) 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;
(g) providing for the establishment, preservation protection and conservation of national parks and marine reserves and the regulation of any activity within a national park or marine reserve;
(h) giving effect to any management plan;
(i) prescribing forms required to be used pursuant to this Act;
(j) prescribing offences against the regulations, and prescribing fines for such offences not exceeding $50,000 and, in the case of continuing offences, a fine not exceeding $1000 for every day on which the offence shall have continued;
(k) providing for any matter incidental to or connected with any of the foregoing.
63.
Transfer of
assets and liabilities of the Conservation Service to the Tua'anga
Taporoporo - (1) Upon the date of coming
into force of this Act -
(a) all assets and liabilities of the former Conservation Service, as they pertain to the jurisdiction of the Tu'anga Taporoporo, are hereby transferred to the Tu'anga Taporoporo, and the Tu'anga Taporoporo shall have all powers necessary to take possession of, recover, and deal with such assets, and discharge such liabilities;
(b) every agreement whether in writing or not, and every deed, bond, or other instrument to which the Conservation Service was a party or which affected the Conservation Service, whether or not permitting assignment or rights and obligations, or liabilities shall have effect as if the Tu'anga Taporoporo were a party thereto or affected thereby instead of the Conservation Service.
(2)
For the purposes of this section, "Conservation Service" means the Conservation
Service established by the Conservation Act
1986-87.
64.
Transitional
- (1) Notwithstanding the repeal of the Conservation Act 1986-87 a person
employed within the Conservation Service before the coming
into force of this
Act shall after the coming into force of this Act be deemed to be employed
within the Tu'anga Taporoporo as established
by this Act upon such terms and
conditions that the person was employed immediately prior
thereto.
(2) Without limiting the
provisions of the Acts Interpretation Act 1924, it is hereby declared that the
amendment or repeal of any
enactment, or provision of any enactment, by or
pursuant to this Act shall not affect any appointment, document made
or
anything whatsoever done under the
enactment so repealed or provision so amended or under any corresponding former
provisions, and
every such appointment, document or thing so far as it subsists
or is in force at the time of the amendment or repeal shall continue
and have
effect as if it had been made or done under the corresponding provision of this
Act and if there be no such corresponding
provision then as if the provision
amended or enactment repealed had not been so amended or
repealed.
65.
Repeal
- The Conservation Act 1986-87 is repealed.
---------------------------------
This Act is administered by the Tu'anga Taporoporo
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