Environment Act 2003 (No. 23 of 2003).

The Act provides for the establishment, powers, functions etc. of the National Environment Service, and Island Environment Authorities, the convening the National Environment Council and the Cook Islands Environment Forum, the appointment of (National) Environment Officers and their powers, environmental impact assessment and environmental planning, protected areas, use of the monies of the Environment Protection Fund, pollution control and other matters relating to the environment as defined in section 2.
This Act consists of 77 sections divided into 13 Parts: Tu'anga Taporoporo (1); Island Environment Authorities; (2); National Environment Council (3); Environment Officers (4); Environmental Impact Assessment (5); Management Plans and Protected Areas (6); Control of Litter (7); Specific Areas Of Concern (8); Environment Protection Fund (9); Financial Provisions (10); Cook Islands Environment Forum (11); Registration of Organizations (12); Miscellaneous (13).
The National Environment Service shall be a body corporate (sect. 5) headed by a Director of Service (sect. 7), which shall protect, conserve and manage the environment and wildlife , ensure the sustainable use of natural resources, prevent, control and correct the pollution of air, water, and land and carry out other functions listed in section 9. In carrying out its functions, the Service shall have regard, among other things, to the Convention on Biological Diversity of 1992. An Island Environment Authority shall be established, in accordance with the Schedule, for Rarotonga and for each Outer Islands to which this Act applies (sect. 11). The authority shall assist the Service in identifying environment priorities, formulate and publish guidelines on specific issues of environmental protection, recommend the Minister on Regulations to be made, determine applications for permits and consents for the purposes of sections 36, 50, 51, 57, and 58 and carry out other functions specified in section 12. The Director shall in consultation with the Minister, from time to time as required for the purposes of this Act, convene a National Environment Council to act as permitting authority for any part of the Cook Islands other than Rarotonga or an Outer Island (sect. 20). The Council shall consist of the Director (chairperson) and one member nominated by each Island Environment Authority. There shall be appointed Island Environment Officers and National Environment Officers by the Director under Part 4. No person shall undertake any activity which causes or is likely to cause significant environmental impacts except in accordance with a project permit issued under section 36. The application shall include an environmental impact assessment and shall be submitted to the Service. The Service shall from time to time, at the request of the Island Environment Authority for an island, prepare a draft management plan for purposes of protection, conservation, and management of wildlife including protected species and the habitat of such wildlife and species, soil erosion, protection of forests, protection, conservation and management of wetlands, etc. (sect. 37). A management plan comes into effect after approval of the relevant Island Environment Authority and Island State Government. Section 41 allows an Island Environment Authority to issue a notification regarding the designation of protected areas pursuant to section 41. Restrictions are placed upon notification regarding native freehold land, native customary land and, unless and until there has been concluded between the Director and the owners of the land and any other person having an interest in the land to which the notification relates, a shared resource management agreement. Every shared resource management agreement shall identify the resource, animals, plants and habitats to be protected, conserved, or managed and fulfill other requirements set out in 41. Section 50 makes special provision for the protection of foreshore and Cook Islands waters, whereas section 51 concerns the pollution of Cook Islands waters and inland waters. The service may designate specified animals and plants on the island as protected species under section 55. Section 58 deals with the protection of wetlands. Private organizations involved in environmental protection may register with the Service under Part 12.