Division 4 of Part V of the Environment Act 2000 governs applications for an environment permit.
Section 60 — who applies, and who signs
(1) An application shall be made by the person or body who is carrying out or responsible for the activities conducted at the place named in the application.
(2) Where the applicant is a corporation, the natural person signing on its behalf must be the most senior person with overall supervision and management of the activities conducted at the place named.
This tracks section 41(2), under which a person carries out an activity if he has effective control over it at the site. The application must come from the party actually running the operation, not from a parent company, a landowner, or a consultant.
Putting the senior site manager’s name on the application creates a record of who was responsible. Section 126 deals with the liability of corporate officers, and section 114 creates offences relating to the provision of information — a materially false or misleading representation is also a ground for cancelling the permit under section 72(2)(b).
Sections 61 and 62 — acceptance
Subject to section 62, where the Director is satisfied that an application contains an adequate description of the nature and extent of the physical and social environmental impacts likely to result from carrying out the proposed activity, he may accept the application.
An application relating to (a) a level 3 activity (other than an existing activity), or (b) a proposed level 2 activity in respect of which the Minister has made a determination of national significance under section 50(2), shall not be accepted until an environmental impact assessment has been conducted under Division 3.
The Director may nevertheless enter into discussions with the applicant about the information that will be required (s 62(2)).
Sections 63, 64 and 67 — the procedural framework
(a) the information to accompany an application; (b) the process for obtaining further information; (c) the fees; (d) requirements for service on other governmental authorities, including provincial government; (e) when an application is deemed lodged; (f) procedures for public notification of applications or proposed permits; (g) when a conference of interested parties may be called; (h) the classes of activity for which permits may issue without referral or publication; and (i) requirements for acceptance.
The Director may also issue Operational Procedures on any matter relating to an application or its assessment, including fixing the form (s 63(2)), and on the issue of permits (s 67(2)). Section 67(1) allows the Regulations to prescribe amalgamation of applications, the form and term of permits, financial assurances, and the procedure on refusal.
The Regulation may provide for notification, referral and consultation requirements to be dispensed with in prescribed circumstances. Anyone relying on public notification of a proposed permit should check whether the class of activity is one for which those requirements have been dispensed with under section 63(1)(h) or section 64.
Section 65(1) — the four things the Director must be satisfied of
(a) the activity will be carried out consistently with all relevant Environment Policies and the Regulations;
(b) all reasonable steps will be taken to minimise any risk of environmental harm as a result of the activity;
(c) the activity will not contravene any relevant environmental obligation under an international treaty, convention or instrument ratified by the Parliament or under any law of Papua New Guinea; and
(d) the applicant will abide by the conditions of the permit.
Where a permit is granted, the Director shall specify the conditions to which it is subject (s 65(2)).
Section 65(3) — the twelve matters to have regard to
| Matter | |
|---|---|
| (c) | The objects of this Act |
| (d) | The matters of national importance |
| (e) | The general environmental duty |
| (f) | Any relevant Environment Policy |
| (g) | Any relevant impact statement, assessment, report, public submission or other information |
| (h) | Any information provided with the application |
| (i) | Where relevant, the Minister’s approval in principle |
| (j) | Any public submission, or views expressed at a presentation, hearing or conference |
| (k) | The suitability of the applicant to hold a permit |
| (l) | The character, resilience and beneficial values of the receiving environment |
| (m) | Best practice environmental management for the activity in question |
| (n) | Public interest in the proposed activities |
Suitability of the applicant takes in compliance history — past breaches, prosecutions, unpaid compensation, and how earlier commitments were honoured. Character, resilience and beneficial values of the receiving environment invites evidence about the particular river, reef, catchment or forest, not generic standards.
Section 66 — the conditions that may be imposed
A permit may be issued subject to such conditions as the Director considers necessary or desirable, including requirements to:
- install and operate specified plant or equipment within a certain time;
- take certain action to minimise the risk of environmental harm;
- at the permit holder’s cost, install monitoring equipment, carry out a monitoring programme and report on its progress;
- prepare and carry out an environmental management programme;
- provide reports on any specified matter;
- submit for approval and carry out an Environmental Improvement Plan;
- undertake an audit at periodic intervals;
- prepare and lodge an emergency response plan for accidental release of contaminants;
- provide information reasonably required by the Director;
- lodge an environmental bond;
- conduct baseline studies or surveys and report the results before commencing operations; and
- rehabilitate the affected area.
The Director shall ensure the permit requires compliance with all relevant Environment Policies — except where all four of the following apply: the activity is an existing activity; the applicant has submitted an environmental improvement plan that the Director has approved; the Director is satisfied the plan contains measures and a programme of attainment that will achieve compliance within a reasonable time; and compliance with the plan is a condition of the permit.
That is the Act’s transitional bargain for older operations: a defined path to compliance, made enforceable as a permit condition.
Application checklist
- Confirm the level and whether an impact assessment must come first.
- Identify the correct applicant — the person with effective control at the site.
- Have the right person sign for a corporation.
- Describe the physical and social impacts adequately — that is the acceptance test in section 61.
- Follow the Regulation and the Operational Procedures on form, fees, service and notification.
- Address the section 65(3) matters expressly in the application.
- Propose the conditions you can meet — monitoring, management programme, rehabilitation, bond.
- For an existing activity that cannot yet meet a Policy, prepare an environmental improvement plan under section 66(2).
- Keep the 21-day review period in mind — see challenging a decision.
Sources
- Environment Act 2000 — ss 41, 50, 60–67, 72, 114, 126, 132; Part V Division 4
- Conservation and Environment Protection Authority Act 2014
- Investment Promotion Act 1992
Before relying on anything here, read the current text of the Environment Act 2000 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.