Part III of the Environment Act 2000 creates four institutions and divides the work of the Act between them.
Section 14 — the Minister
(a) to appoint the members of the Environment Council under section 17;
(b) to give approval in principle to proposed activities involving matters of national significance under section 59;
(c) to recommend Environment Policies for approval by the National Executive Council;
(d) to make interim Environment Policies under section 35;
(e) to approve Environmental Codes of Practice under section 38;
(f) to fix charges under section 96; and
(g) such other powers and functions as are provided under this or any other Act.
Under section 14(2) the Minister may, by instrument in writing, delegate any of these powers to the Director — except the power of delegation itself and the power to appoint Council members.
Approval in principle under section 59 is the political decision point in the assessment of a major project. It sits at the end of the environmental impact assessment process, after the Council’s recommendation under section 58.
Sections 15 and 16 — the Director of Environment
The Director of Environment for the purposes of this Act is the Managing Director of the Conservation and Environment Protection Authority.
The Authority is established by the Conservation and Environment Protection Authority Act 2014, which replaced the former Department of Environment and Conservation as the administering body.
(a) to administer this Act;
(b) to issue permits;
(c) to ensure environmental impact assessments are carried out;
(d) to undertake environmental audits and investigations;
(e) to enforce the Act, including permit conditions, and institute proceedings for breach;
(f) to take appropriate measures for protecting, restoring and enhancing the environment;
(g) to report to the Minister on permits issued and other matters.
The Director may delegate in writing to an appropriately qualified employee of the Authority — but under section 16(3), a power or function in relation to a level 3 activity may only be delegated to such an employee. Level 3 activities are the largest and most sensitive, and the Act keeps decisions about them within qualified hands.
Sections 17 to 25 — the Environment Council
(a) the Director of Environment, ex officio, as Chairman; and one person of good standing in the community with tertiary qualifications and professional expertise in each of:
(b) environmental chemistry or engineering, waste minimisation or management of environmental impacts;
(c) environmental policy or law;
(d) sustainable resource use and economic management;
(e) conservation and maintenance of ecosystems and their biodiversity; and
(f) socio-economics and social impact assessment.
The five expert members are appointed by the National Executive Council, by notice in the National Gazette, from a list of not less than 10 persons submitted by a committee comprising the Departmental Head of the Department of Attorney-General (or nominee), the Director of Environment, the President of the Papua New Guinea Council of Churches, the President of the Business Council of Papua New Guinea, and a person nominated by the national alliance of non-government organisations.
That structure — a shortlist drawn up by government, church, business and civil society together — is a deliberate check on political appointment.
(a) to advise the Minister or Director on matters referred to it;
(b) to advise the Minister on the making of Environment Policies;
(c) to report to the Minister on the administration and amendment of the Act, on protection of the environment and prevention of environmental harm, and on the management of water resources;
(d) to consider and make recommendations on environmental impact assessments;
(e) to review decisions of the Director under section 68;
(f) to approve terms of reference for environmental audits and investigations under section 74; and
(g) to establish a Working Committee under section 24.
Section 18 sets the Council’s objects: carrying the Act’s objects into effect; managing, developing and protecting the environment for present and future generations; and maximising Papua New Guinean participation in the wise use and development of the environment.
Sections 20 to 25 deal with leave of absence, vacation of office, the effect of a vacancy, quorum and procedures, the Working Committee, and the immunity of Council members.
The Council is the review body for a decision of the Director on a permit. That is the practical significance of Part III for anyone affected by a permit decision — see challenging a permit decision.
Sections 26 to 28 — the Environment Consultative Group
(a) to advise the Council on the making of Environment Policies under section 33;
(b) where the Director convenes it for the purpose, to advise the Director on the assessment of environmental impact statements under section 54; and
(c) to advise on any matter referred to it by the Minister, the Council or the Director.
Membership is prescribed by the Regulations, and the Council or the Director may convene a meeting at any time (s 28). The Group is the Act’s formal channel for stakeholder input into policy-making and impact assessment.
Section 29 — Provincial Environment Committees
Section 29 provides for Provincial Environment Committees. Their role connects the national scheme to provincial administration, and it should be read with section 39, under which a province may make a Provincial Environment Policy — see policies and codes of practice.
Section 5 binds every one of them
All persons exercising powers and functions under this Act shall recognise and provide for the matters of national importance — traditional social structures; sources of clean water and subsistence food; areas of significant biological diversity and habitats of rare, unique or endangered species; the role of landowners in decision-making about the development of the resources on their land; and responsible and sustainable economic development.
That is a mandatory relevant consideration for the Minister, the Director and the Council alike, and it is the starting point for any challenge to a decision made under the Act.
Sources
- Environment Act 2000 — ss 5, 14–29, 33, 35, 38, 39, 54, 58, 59, 68, 74, 96; Part III
- Conservation and Environment Protection Authority Act 2014
- Constitution — 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.