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Tuvalu / by Mere Hrlea and David Farrier W;wahu i .' Envi;ro,nmcntal Logisl;ation Review - Tuvala 1994 Prepcvod by M'ere Fuloaantl Davld Farrier ReBottfor the Sovth FagW,Re'g-tnnatr Envimmtcnt Pra,gnlrnnte wrd the' Govarnment of Twtllu Frudueed at ilae,uoftntatl@ in supXnrt ojtke hnatra Nalonal Envircrutlentul Mdnrycrneat tratesy WEMS) w.i,th f,maneial assistatwe from lke tl,nindMations Deuelhpment Progrowue @NDP) snd the AustuIfut Intentfifrawl Devcloymont A.ssistanae Eareou (NDAB) USP Library Cataloguing-in-Publication Data Pulea, Mere Environmental legislation review : Tuvalu / by Mere hrlea and David Farrier. - [Apia, Western Samoa : SPREP, 19941 xiv, 8l p. ; 29 cm. Bibliography: ISBN 982 - 04 - 0093 - 7 1. Environmental law - Tuvalu 2. Environmental policy - Tuvalu 3. Tuvalu - Environmental conditions - Law and legislation 4. Environmental protection - Tuvalu - Law and legislation I. South Pacific Regional Environment Programme II. Souttr Pacific National Environmental Management Strategy Project (NEMS) III. Title HC79.E5P85 344.046099682 Prepared for publication by the South Pacific Regional Environment Programme, Apia, Western Samoa. @ Copyright South Pacific Regional Environment Programme, 1994 Editor Roslyn Sharp Cover design by Peter Evans based on an original design by Catherine Appleton. Printed on I I0 gsm Tudor R.P, (100% recycled) by ABC Printing, Brisbane, Australia. The South Pacific Regional Environment Programme authorises the reproduction of textual material, whole or part, in any form, provided appropriate acknowledgement is given. Illustrative material cannot be reproduced without permission of the artist. Produced with financial assistance from the United Nations Development Programme (UNDP) and the Australian lnternational Development Assistance Bureau (AIDAB) Foreword This Environmental kgislation Review for Tuvalu has been produced as an important component of the National Environmental Management Strategies (NEMS) Project. The NEMS Project was developed to address sustainable environmental development and planning issues in a number of Pacific island countries. It was funded by the United Nations Development Programme (UNDP) and the Australian International Development Assistance Bureau (AIDAB) and implemented through the South Pacific Regional Environment Programme (SPREP) as part of a broader UNDP assistance project called PMI: Planning and Implementation of Pacific Regional Environment Programme which concentrates on regional and in-country institution strengthening and training of environmental managers. Pacific islanders have lived in close harmony with their environment for thousands of years and are well aware of its importance to their way of life. Pacific peoples today face the complex challenge, common to many other countries of the world, of integrating economic development with the need to protect the environment. This is the primary aim of sustainable development and must be addressed if the Pacific way of life is to survive. The introduction of appropriate legislation represents one important means by which sustainable development can be achieved in the Pacific. A fundamental first step is the identification and review of existing environmental laws, also taking into account traditional customary measures aimed at environmental protection. This review also investigates administrative procedures and policy to determine ways of incorporating and strengthening environmental laws within the existing structure in each of the Pacific island countries associated with this project. The Environmental Legislation Review for Tuvalu looks at laws, administrative procedures and policy in terms of their effectiveness in addressing the major environmental issues existing in Tuvalu. The research has had a particular focus on the development of practical recommendations that build on the tindings of the Review. This Review thus represents an important step along the road to improved environmental management and protection of the Pacific region. This document forms one part of a series of legal reviews undertaken in several Pacific island countries. I would like to thank Ms Mere Pulea and Professor David Farrier for their work in preparing this Environmental Legislation Review. Vili A. Fuavao Director South Pacific Regional Environment Programme lll Contents Page Foreword t, Chapter Authorship is Acknowledgements .r Acronyms xi Conclusions and Re commendations rti Introduction 1.1 Overview 1 1.2 Scope of the Review I 1.3 The Role of Law 2 1.4 Review Process 3 Constitutional and Administrative Stntcture 2.1 Legislation f 2.2 Fundamental Human Rights and Freedoms 5 2.3 Powers of Local Councils 7 2.4 Administrative Responsibilities for Environmental Matters 8 2.5 Conclusion 9 International Environmental Conventions 11 3.1 Introduction 11 3.2 Atmosphere 11 3.2.1 Conventionfor the Protection of the Ozone Layer (Vienna, 22 March 1985) 11 3.2.2 Convention on Climate Change (Rio de Janeiro, 9 May 1992) L2 3.3 Marine Environment L2 3 .3 . 1 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Dumping Convention, 1972) t2 3.3.2 Conventionfor the Prohibition of Fishing with Long Drifinets in the South Pacific (Wellington, 24 November 1989) 13 IV 3.3.3 South Pacific Fanrm Flsheries A,geficy Convention tr979 [3 3.3.:4 InternatiatwX Convemionfar th:e Pr,netnion ot Pollnionftom Ships 1973 and as modified by the ProtoeoX aI 1978 13 3.3.5 Unittfl Ndtions Canumttan on the trnv af ,the Sea 1982 [4 3.4 Nuelear l4 3.4.1 Ssuth Pacific Naelear Free Tnne Treaty 1985 L4l 3,5 Biological Dive.rsity t4 3.5.1 Convention on Bialbgical Diversity 1992 l4 3.6 Protection of Natural Resources and Enviromrent 15 3.6.1 Conventionfor the Proteaion of the Nstural Resources a,nd Environment of the Sbwh Paelfic'Region tr986- (SPREP Convention) 15, Innd.Tenure 16 4,.L Introduction l5 4.2 ThE Powers o the Lards Co.urt 16 4.3 I-ands Courts Appea'ls Pancl 17 4.4 Custouoary Law t7 4.5 Forms of .tenure 1E 4.6 Village Land l9 4.7 Ownerns right to distri.bute property L9 4.7.1 Distribution Inter vivos 2A 4.7.2 Provision for Wife 20 4.7.3 Gifts 20 4.:7.4 Wills 27 4.8 Absenrce Landswners 22 4.9 Elrcha,nges of Property 23 4.10 Sale otPrope4y 23 4.11 Natural Aocletions 23 4.il2 Conclusion 29 Physical Planning wtd Asseslment u 5.1 Introfirction u S:Z plannitrg Autho-rity 25 5.3 Other Planning Functions 26 5.4 Other Laws Affecting Land Use 27 5.5 Acquisition of Land for Public hrrpose 27 5.6 Acquisition by kase Agreements 28 5.7 Compensation 29 5.8 Neglected Lands 29 5.9 Laws Affecting Development 29 5.9.1 Land Use and Air Navigation Aids 29 5.9.2 Land Use and Electricity Supply 30 5.10 Controls over the LittoralZone 30 5. 1l Land Use Resources Survey 3l 5.12 Conclusion 32 5.13 Recommendations 32 Agricultare i3 6.1 Introduction 33 6.2 Importation of Animals 34 6.3 Countries from which Animals may be Imported 34 6.4 Agricultural Functions of l.ocal Councils 35 6.5 Disease Prevention 35 6.6 Protection of Plants 35 6.7 Pesticides 36 6.7.1 Role of the Pesticides Committee 37 6.8 Conclusion and Recommendations 38 7 Marine Zone 39 7.1 Extent of Jurisdiction 39 7.2 Extraction and Reclamation 40 7.3 Conclusion and Recommendations 4L 8 Fisheries 42 8.1 Introduction 42 8.2 Local Fishing 43 8.3 Foreign Fishing Vessels M 8.4 Multilateral Fisheries Treaty 45 8.5 Fish Processing 46 8.6 Conclusion and Recommendations 47 vi Mining and Mineruls 4E 9'.1 trntrorduction, 48 9.2 Mining fior Miuerals 49 9.3 Reconnaissance Licence 49, 9l4 Prospecding License 50 9.5 Mining Licerrce 50 9,6 Mjneral R.ig'hts and Surface Rights 51 9.7 Compulsory Acquisftion of Land 52 9.8 Suspension or Car,rsellatiou of a Mineral Rigltt 52 9.9 Regulations 52 9.10 eonelusion 53 9.11 Recomrnendations 53 ru Watur QtnnW and SusW s4 10.1 Freshwater Sour@s s4 10.2 TVater Supply 54 10'3 Freshwater Qualrty 55 l0.zl Seunerage 56 10-5'Conelusion and Reconimendations 56 U PoXlutlan wd Ws;ste Matryement 58 11"1 Poltrution of the Harbsur 58 11.2 Compensation fsr Oil Pollutisn 58 11.3 Mariue Pollution Act 5e 11,4 Dangerous Sthstirnees 62 Irl..5 Solid Vfaste Eisposal 63 11.5 Condusion aud Reeorrurrcudations 63 12 Wilillife eonsenotion, 65 12.1 Introduction 65 122 Frotected idreas 56 L2.2.1 Prshibiteel Areas 66 I2.2 .2 Cl.osed Disuicts- 66 12.2.3 Sfiiidlife Sanctuaries 66 12.3 Protected Anfunal,s 67 12.3.1 Titrtles 68 12.4 Customary Law 70 12.5 Conclusion aud Recommendatbns T'!, Ii Protcction of Notional Heritoge 73 ,73 13. I C\rrent Legislation 13.2 Conclusion and Rec,ommendations 74 14 Conelastons 75 14.1 Development of New Environnrental Legtslation 7,5 14.1.1Policy :16 I4.1.2 Financial Resources and Perssunel 76 14. 1.3, Enforcement of Environmelal Legielatiort x6 14.2 What the Law can Contribute '7V I,egisldion, Intemafronql Tteatie s and, Canventisns dealt with in the. Beview 7r8 Referenaes 80 Note on thc Autlmrs. 81 Notes At Independence, all Ordinances were redesignated Acts. These tern$ are used intercharageably thmughout the Review. The unit o curreney in Tuvalu is the Australian dollar. All amounte are in Australian dsllars unless otherwise specified. vlu Chapter Authorship Chapter L Introduction David Farrier and Mere Pulea Chapter 2 Constitutional and Administrative Structure David Farrier and Mere Pulea Chapter 3 International Environmental Conventions Mere Pulea Chapter 4 Land Tenure Mere Pulea Chapter 5 Physical Planning and Assessment Mere Rrlea Chapter 6 Agriculture Mere Pulea Chapter 7 Marine Zone David Farrier Chapter 8 Fisheries David Farrier Chapter 9 Mining and Minerals Mere Pulea Chapter 10 Water Quantity and Quality David Farrier Chapter 11 Pollution and Waste Management David Farrier Chapter 12 Wildlife Conservation David Farrier Chapter 13 Protection of National Heritage Mere Pulea Chapter 14 Conclusion Mere Pulea and David Farrier ix Acknowledgements The eonsultants wish to thank the Office of the Prime lVlinister, the OfEce o,f the ,{fio_rney.
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