Environment Act 2015 (No. 333 of 2015).

This Act provide for the preservation and protection of the environment, and to a certain extent wildlife, of Niue. The Act consists of 60 sections divided into six Parts: Preliminary Matters (1); Environmental protection (2); Enforcement (3); Administration (4); Environmental levies and refunds (5); Miscellaneous (6).
The Act, at the outset, lists matters that all persons exercising functions and powers under this Act must, to the extent applicable, take into account. Those matters include, among other things, protection of the water lens from contamination, protection of indigenous flora and indigenous fauna and their habitats, the protection of the coastal zone from inappropriate use and development, the relationship of Niueans and their culture and traditions to their lands and historic areas, the conservation and sustainable use of biological resources, and the compliance with multilateral environment agreements to which Niue is a party.
Development consent is required for activities that (i) will or may have a significant environmental impact: (ii) is stated in an environmental standard as one that must not be started or continued without development consent: (iii) is stated in an environmental standard as being one that will or may have a significant environmental impact: (iv) will or may contravene an environmental standard. An independent environmental impact assessment of the activity must be carried out as part of the process of obtaining development consent. Consent shall be granted in accordance with Regulations by the Environment Department or the Minister with or without conditions. The Act sets out the procedure for development consent, which shall include a procedure for objections against a consent.
The Cabinet may make regulations establishing a standard for the carrying on of one or more activities of a kind described in the regulations as the subject matter of the standard. A standard may specify activities that must not be started or continued without development consent but must not be inconsistent with any other standard (including a protected plant species notice or a protected area notice). Standards shall also include any forest management plan made under an enactment. Land may not be used, and activities affecting freshwater supply, marine areas or plants and animals be carried out in contravention of an environmental standard. Development, field testing, contained use, fermentation, or processing of a living modified organism requires the written consent of the Director and the Department responsible for the administration of the Agriculture Quarantine Act 1984. Unintentional release of a living modified organism must immediately notify to the Director and the responsible department, and the Director, in conjunction with the responsible department, must take appropriate action to respond to the release (taking into account the precautionary principle).
The Cabinet may declare protected areas for the following purposes (a) science protection: (b) wilderness protection; (c) ecosystem protection and recreation; (d) conservation of specific natural features; (e) conservation through management intervention; (f) landscape or seascape conservation or recreation; (g) sustainable use of natural resources. It may also declare protected plant species.
The Act provides also for civil remedies for environmental contraventions (also in relation to prospective environmental contraventions), community service order instead of or in addition to a fine, functions of the Environment Department, the appointment of environment officers, powers of such officers, environmental levies and refunds, and regulation-making powers of the Cabinet. The Department shall administer or implement any other enactment or part of any other enactment for which the Department is responsible, including the Wildlife Act 1972 and the Water Act 2012. The Water Act 2012, the Domestic Fishing Act and the Territorial Sea and Exclusive Economic Zone Act 1996 are amended in relation with the introduction of infringement notices and infringement offenses.