Technical Assistance Consultant’s Report Project Number: 33375 June 2006 Cook Islands: Legal and Institutional Strengthening of Environmental Management (Financed by the ADB’s TA Funding Program) Prepared by de Romilly & de Romilly Limited Nova Scotia, Canada For Ministry of Finance and Economic Management This consultant’s report does not necessarily reflect the views of ADB or the Government concerned, and ADB and the Government cannot be held liable for its contents. LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) FINAL REPORT Submitted to Asian Development Bank and Government of the Cook Islands by de Romilly & de Romilly Limited 5 Spray Avenue, Mason’s Point St. Margaret’s Bay Halifax, Nova Scotia CANADA B3Z 1Z3 30th June 2006 LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) FINAL REPORT Table of Contents 1. INTRODUCTION.........................................................................................................................................2 2. PHASE 2 WORK PROGRAM ....................................................................................................................2 2.1 Legal and Institutional Frameworks.........................................................................................................2 2.2 Legislation/Regulations for Water Resource Management......................................................................5 2.3 Legislation to Implement Priority Mulit-Lateral Environmental Agreements ........................................5 2.4 Amendments to Legislation Governing the Auditor General's Office .....................................................6 2.5 Other Priority Regulations .......................................................................................................................6 2.6 Outer Islands Consultations .....................................................................................................................6 3. PHASE 3 WORK PROGRAM ....................................................................................................................7 3.1 Strengthening of Environmental Monitoring/Enforcement and Training ...............................................7 3.2. Final National Consultative Workshop ...................................................................................................9 3.3. Tri-Partite Meeting.................................................................................................................................10 APPENDICES APPENDIX 1 - SUMMARY OF TA WORK PROGRAM APPENDIX 2 - NEWSPAPER ARTICLES APPENDIX 3 - REQUEST FROM EXECUTING AGENCY TO USE UNCOMMITED TA FUNDS APPENDIX 4 – SEWAGE TRAINING PROGRAM APPENDIX 5 – PARTICIPANT LIST FOR SEWAGE TRAINING PROGRAM APPENDIX 6 – AGENDA FOR FINAL NATIONAL CONSULTATIVE WORKSHOP APPENDIX 7 – PARTICIPANT LIST FOR FINAL NATIONAL CONSULTATIVE WORKKSHOP APPENDIX 8 – PRESENTATIONS AT FINAL NATIONAL CONSULTATIVE WOKSHOP APPENDIX 9 – SUMMARY OF FINAL NATIONAL CONSULTATIVE WORKKSHOP APPENDIX 10 – TA RESULTS BASED FRAMEWORK APPENDIX 11 – CONCEPT PAPER FOR FOLLOW-ON TA APPENDIX 12 – REPORT OF FINAL TRI-PARTITE MEETING * * * LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) – FINAL REPORT 1. INTRODUCTION In February 2005, the Asian Development Bank (ADB) initiated the "Legal and Institutional Strengthening of Environmental Management” Technical Assistance (TA) project in the Cook Islands (ADB TA 4273-COO). The objectives of this project were to provide advice and assistance to the Government of the Cook Islands in the process of developing: • effective regulations and institutional reforms to implement the Environment Act 2003; • a plan for improved inter-agency and institutional coordination for effective environmental management; • revisions to sectoral legislation to ensure overall coherence with the Environmental Act 2003 and Regulations and uniformity with the plan for improved institutional coordination; thereby improving environmental quality within the Cook Islands. The notice to proceed with the Technical Assistance (TA) was issued on the 27th January 2005. The Inception Mission was completed by the end of February 2005 and the Inception Report provided to the ADB and Government of the Cook Islands on 3 March 2005. The second in-country mission by the Team Leader was undertaken during May to July 2005, and a Mid-Term Report was submitted to the ADB and the Government of the Cook Islands on the 16th August 2005. The third in-country mission was undertaken by the Team Leader during October to November 2005, and the Semi-final Report was submitted to the ADB and the Government of the Cook Islands on the 31st December 2005. At the request of the Executing Agency in the Cook Islands, the final in-country mission was undertaken by the Team Leader and the Environmental Education Specialist during April to June 2006 (see summary of activities undertaken during the third in-country mission by the TA Team Leader – Appendix 1). This Final Report is submitted at the completion of the TA, and serves to: (a) outline activities undertaken by the Project Team since the submission of the Semi-Final Report; and (b) provide a summary of key outcomes and outputs from the TA. 2. PHASE 2 WORK PROGRAMME The following section outlines Phase 2 activities that have been undertaken during the period from April to June 2006. 2.1 Legal and Institutional Framework During the previous reporting periods the review of the legal and institutional framework for environmental management was completed together with the institutional profiles, and were presented in four volumes, namely: Volume 1 – Review of Legal and Institutional Frameworks; Volume 2 – Institutional Profiles; Handbook on Permits and Approvals; Handbook of Multilateral Environmental Agreements. 2 LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) – FINAL REPORT Working drafts of these documents were presented to stakeholders at the National Consultative Workshop held on the 7th and 8th July 2005, and recommendation arising from the workshop were incorporated into the revised versions of these documents that were submitted to the ADB and the Executing Agency in mid-August 2005. Copies of these reports were reproduced by the National Environment Service in August and September 2005 and circulated to a wide range of stakeholder for review. The circulation of these volumes provided an opportunity for agencies to make any changes or revisions that may be necessary, and comment on the recommendations contained in Volume 1, and to confirm the accuracy of information contained in Volume 2. Additionally, outstanding information has been provided by several agencies for inclusion in Volume 2. During April to June 2006, a comprehensive review of Volume 1 was undertaken with staff from the National Environment Service, which has permitted the TA team to now complete this volume. Following on from requests received from staff from the National Environment Service and the ADB Task Manager, this volume now includes an index and summary of all relevant legislation (see Part II), and a copy of the Environment Act 2003 (see Part III). During discussions with National Environment Service at the commencement of the final in-country mission with the Team Leader, it was confirmed that the focus for the completion of priority legislation/regulations should be – legislation/regulations for water resources management; regulations and bylaws for the three Outer Islands that fall under the jurisdiction of the Environment Act 2003 (Aitutaki, Atiu, Mitiaro); legislation to implement priority multi-lateral environmental agreements, namely – - Cartagena Protocol on Biosafety to the Convention on Biological Diversity; - Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Convention; - Vienna Convention for the Protection of the Ozone Layer, and Protocols; - Montreal Protocol on Substances that Deplete the Ozone Layer; - Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer. (London); - Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer. (Copenhagen); - Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer adopted by the Ninth Meeting of the Parties. (Montreal); - Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer. (Beijing); - Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region (Waigani Convention- the regional equivalent of the Basel Convention); - Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; - Amendment to the Convention on the Control of Transboundary Movements of 3 LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) – FINAL REPORT Hazardous Wastes and their Disposal; - Convention on Persistent Organic Pollutants (Stockholm); - Convention on Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam 1998); - Bonn Guidelines on Access and benefits Sharing. Subsequently, during the third and fourth (final) in-country mission by the team leader, work was undertaken on the development