The Environment Act 2000 carries the heaviest financial penalties of any Papua New Guinean statute covered on this site. This article collects them.
The harm offences
| Section | Offence | Corporation | Other person | Default |
|---|---|---|---|---|
| 11 | Unlawfully causing serious environmental harm | K250,000 | K125,000 or 5 years, or both | K15,000 |
| 12 | Unlawfully causing material environmental harm | K100,000 | K50,000 or 2 years, or both | K5,000 |
| 13 | Unlawfully causing environmental harm by noise, dust, odour, electro-magnetism or litter, or an unhealthy, offensive or unsightly condition from a contaminant | K20,000 | K2,000 | |
| 8(2) | Failing to notify the Director of unlawful serious or material harm | K100,000 | K50,000 or 2 years, or both | — |
The tiers are set by the definitions of environmental harm: material harm at loss or damage of K10,000 to K100,000, and serious harm above K100,000 or where the detriment is irreversible, high-impact or widespread.
Permit and activity offences
| Section | Offence | Corporation | Other person |
|---|---|---|---|
| 44(1) | Carrying out a level 2 or 3 activity without a permit, or a change or expansion that becomes one | K100,000 | K50,000 or 2 years |
| 44(4) | Interfering with a right conferred by a permit or with the holder | K50,000 or 1 year, or both | |
| 45(4) | Failing to apply for a permit after a notice | K20,000 | K10,000 |
| 49 | Carrying out preparatory work without registering the intention | K20,000 | K10,000 |
| 73(1) | Carrying out an activity while a permit is suspended or cancelled | K250,000 | K125,000 or 5 years |
| 73(2) | Breaching a permit condition | K100,000 | K50,000 or 2 years |
Orders, directions and information
| Section | Offence | Corporation | Other person |
|---|---|---|---|
| 102 | Failing to comply with an Environment Protection Order | K250,000 | K125,000 or 5 years |
| 104 | Failing to comply with a Clean-up Order | K250,000 | K125,000 or 5 years |
| 107 | Failing to comply with an Emergency Direction | K100,000 | K50,000 or 2 years |
| 108(4) | Failing to comply with a notice requiring information | K100,000 | K50,000 or 2 years |
| 114 | Knowingly giving false or misleading information in a material particular | K100,000 | K50,000 or 2 years |
| 110 | Interfering with monitoring equipment | K50,000 or 2 years, or both | |
| 115 | General penalty where no specific penalty is provided | K50,000 | |
It covers false or misleading information in a permit application; an application to vary, amend, renew, transfer or surrender; any report or information required under the Act, a Policy, the Regulation or a permit; an inception report or environmental impact statement; a submission or representation in public review; a submission to the Council; an application to approve an environmental improvement plan; an environmental audit or investigation; and a representation as to why a permit should not be cancelled.
It applies to any person — including someone making a submission during public review, not only the proponent.
Water and other offences
| Section | Offence | Maximum |
|---|---|---|
| 80(2) | Permanent installation by a person taking water under the public right | K50,000 / K25,000 or 1 year |
| 81(3) | Taking more water than the quantity specified in the Director’s notice | K50,000 / K25,000 or 1 year |
| 81(5) | Building works obstructing the flow of a watercourse or lake | K100,000 / K50,000 or 2 years |
| 87(14) | Failing to pay compensation within the time determined | K100,000 / K50,000 or 2 years |
| 88(2) | Obstructing a person authorised to carry out an official investigation | K25,000 or 1 year |
| 95(4) | Contravening a drought notice | K50,000 / K25,000 or 1 year |
Section 117 — no intention need be proved
Subject to any express provision to the contrary, it shall not be necessary to prove any intention or other state of mind in order to establish the commission of an offence against this Act.
Sections 11(2), 12(2) and 13(2) say the same thing for the harm offences specifically. The exceptions are the offences that use the word “knowingly” — section 114 (false information) and section 78(g) (knowingly causing a contaminant to enter water).
Section 116 — continuing offences
Where an offence is committed by reason of a continuing act or omission, the person is liable to:
(a) the penalty provided for that offence; and
(b) an additional penalty for each day on which the act or omission continues — the amount provided for that offence, or, where none is provided, up to one-fifth of the maximum penalty for each day.
This is where the numbers become very large. A corporation in continuing breach of an Environment Protection Order faces the K250,000 maximum plus a daily default penalty of K15,000 for as long as the breach lasts.
The defences, and their notice requirements
- Section 10(2) — the act was lawful and the person complied with the general environmental duty. Written notice of intention to rely on it must be given to the Director at least 14 days before the hearing, or the defence is not permitted (s 112).
- Section 111 — the action occurred in an emergency to prevent danger to life or limb not arising from the person’s own negligence, and the Director was notified in writing as soon as reasonably practicable. Notice of intention to rely must be given within seven days of service of the proceedings.
- Section 113 — a permit holder is not liable to a penalty where he proves compliance with the permit conditions, or with a Protection Order, Clean-up Order or Emergency Direction relating to the acts charged.
What a court can order beyond the fine
- Section 105 — the Director may do the clean-up work and recover the reasonable costs as a civil debt, with interest after 28 days. There is no cap on this.
- Section 128 — forfeiture of items on conviction.
- Section 129 — damages and recovery of costs on conviction.
- Section 130 — the court may order action to minimise environmental harm.
- Section 126 — liability of corporate officers.
- Section 72 — suspension or cancellation of the permit, for which a conviction is itself a ground.
For a significant incident the real exposure is the combination of uncapped clean-up cost recovery under section 105, daily additional penalties under section 116, compensation under section 87, and the loss of the permit under section 72.
Who prosecutes
Under section 16(1)(e) the Director may enforce the Act, including permit conditions, and institute proceedings for breach. Section 124 governs the institution of proceedings, section 125 service, and section 127 evidence — including the evidentiary use of analysts’ certificates and records. See how prosecutions are brought.
Sources
- Environment Act 2000 — ss 8–13, 16, 44, 45, 49, 72, 73, 78–81, 87, 88, 95, 102–117, 124–130
- Conservation and Environment Protection Authority Act 2014
- Constitution — s 37; Preamble, Fourth National Goal
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.