Licensing and Compliance Section
This section consist of two Units such as:
1. Environment Licensing Unit (ELU)
2. Compliance and Enforcement Unit (CEU)
1. Environment Licensing Unit
With the increase of development activities in Kiribati and environmental consequences associated with them such as coastal erosion, pollution, loss of biodiversity etc, the Government of Kiribati adopted a legislation known as the Environment Act that requires the public or the developers to use the Environmental Impact Assessment (EIA) in the planning process of their development projects such as seawalls, causeways, etc, to preserve the environment in a state that is not detrimental to the life of future generations.
The main objective of the EIA is to
- study the effects of a development proposal in order to protect people and the environment from poorly considered planning process;
- undertake a systematic evaluation of all significant environmental consequences a development proposal is likely to have on the environment before a decision to undertake the activity is made
- improve development by suggesting project implementation and operational standards such as environmental management and protection measures or identifying more appropriate alternatives;
- communicates with the public and facilitate their involvement in the designing the best possible development
The Environment Licensing Unit (ELU) is the Unit within the Environment and Conservation Division that responsible for overseeing the EIA process including its procedures and requirements under the environment legislation.
The main Programs or core activities of the ELU are as follows:
1. Screening and Reviewing of environment license application forms
It is the responsibility of the Environment Licensing Unit to screen and review the environment license application form and to advise whether the environment license would be granted, the environmental impact assessment study would be required, or to reject the proposal.
2. Impact analysis
This refers to the identification and prediction of the likely environmental effects of the proposal. This process includes site visits to the proposal, field works, and seeking the public opinion on the proposal.
3. Mitigation and Impact management
This activity refers to the establishment of environmental measures that are necessary to avoid, minimize or offset predicted adverse impacts of the development proposal and where appropriate, to incorporate these measures into an environmental management plan or system. One way of doing this is through the conditions of the environment license.
4. Review of environmental impact assessment report.
When the proponent is required to do the environmental impact study on its proposal, and the EIA study report is completed and submitted to Environment and conservation division, it is the responsibility of the Development Control Unit to review the EIA report to ensure that all environmental concerns are identified and environmental management protection measures are also set to address and mitigate the concerns identified.
5. Processing of Environment License with Conditions
When the development proposal is recommended for approval by the Environment and Conservation Division, it is the responsibility of the Development Control unit to process the Environment License and to develop the terms and conditions for the project implementation, for the license holder or the proponent to comply with when undertaking the activity. The Development Control Unit is also responsible for submissions to the Secretary MELAD for environment license recommended for approval for his/her signature.
- Regulate Environmental Scientific Research (ESR) activities in Kiribati through a permit system
- Handle and oversee the UN Convention to Combat Desertification (UNCCD) programmes and projects at the national level.
2. Compliance and Enforcement Unit:
Compliance and Enforcement Unit is an enforcement arm of the Division which deals mainly with the implementation or enforcement of the Kiribati Environment Amendment Act (2007) on the ground.
It is established with the sole responsibility to safeguard the environment from such negative forces that are legally agenized as destructive to its natural sustainability or health and to police and monitor the entire environment of Kiribati from illegal activities which may contravene the provisions of the Environment Act.
The EIU is manned by only five established so-called Environment Inspectors (EIs). These are the officers who are empowered under the Environment Act to issue infringement notices and prosecute offenders under the Act.
Programs (Core activities) as relevant to ECD portfolio
1. Enforcement and Monitoring
This involves iterative activities triggered by public complaints, arranged patrols to monitor illegal activities such as illegal waste dumping or improper waste disposal, and monitor compliance of proponents or contractors with conditions of an environment licence issued for the project, or Joint-Enforcement with other bodies such as Councils or Police. The EIs based on their enforcement powers under the Act can initiate prosecution of such activities if there is a strong evidence of an offence under the Act.
2. Schedule outer-island visit for enforcement and monitoring
Under this role, Environment Inspectors could arrange outer-island visit to monitor state of environment or monitor compliance of proponents or contractors with conditions of an environment licence issued for the project undertaken on outer islands, or could be a visit that react to a complaint from the public or any suspected illegal activity that contravene the Act in any islands of Kiribati.
3. Advising on the conditions of the Environment Licence
The Environment Inspector involves in setting the conditions of the Environment Licence for any specific activity. This is important given their important involvement in monitoring the compliance of the conditions of the licence
4. Monitoring of Compliance with Environment Licence (EL) conditions
EIU has an important role in ensuring the developer following the issuance of the EL is conforming to the conditions of the EL. This is achieved through a regular monitoring of the activity which includes on-site inspection, reviewing of reports, interviewing of people involved in the activity and those living around the area.
5. Awareness and training to enhance knowledge and understanding on enforcement procedures
The conscience of general public on protecting the environment depends on how much they know about the importance and role of the environment and how certain practices or introduced wastes could destroy the well being of their own environment. This requires awareness and intensive training to key stakeholders and pool of communities particularly the young generation who will grow up with the environment conscience.