Environment Protection Act 2008 (Cap. 30.25).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Act makes provision for the protection and management of the environment in Tuvalu. “Environment” includes all natural, physical and social resources and ecosystems or parts thereof, people and culture and the relationship that exists between these elements. One of the objectives of the Act is to promote the conservation and sustainable use of biological diversity.
The Minister shall be responsible for the proper administration of this Act. The Minister may delegate functions to Director of Environment to be appointed as the head of the Department of Environment. The Minister shall also appoint Environment Officers. Where an Environment Officer suspects that an activity, matter or thing may be impacting upon the environment, he or she may issue a precautionary notice or a notice to cease activity. The Minister may, from time to time, convene a National Environment Forum and the Director shall convene the National Environment Council. Island Environment Committee may be established by local authorities. The Act further provides with respect to, among other things, environmental impact assessment, specific regulation-making powers of the Minister, application, implementation and enforcement of international conventions, application of the precautionary principle, the functions of the Department for the protection of biodiversity and response to climate change. The Act also defines offences and specifies penalties for such offences.
The 2022 revised version of Tuvalu’s Environment Protection Act 2008 mainly consolidates amendments made in 2017, 2019 and 2021 rather than introducing new environmental policies. The most significant change clarifies court jurisdiction and legal continuity, ensuring that decisions and ongoing cases under the Act remain valid despite changes from Island Courts to the Magistrate’s Court. Other changes are largely technical and administrative, updating definitions, removing obsolete provisions, and improving clarity while keeping the Act’s original environmental protection framework intact.
The Minister shall be responsible for the proper administration of this Act. The Minister may delegate functions to Director of Environment to be appointed as the head of the Department of Environment. The Minister shall also appoint Environment Officers. Where an Environment Officer suspects that an activity, matter or thing may be impacting upon the environment, he or she may issue a precautionary notice or a notice to cease activity. The Minister may, from time to time, convene a National Environment Forum and the Director shall convene the National Environment Council. Island Environment Committee may be established by local authorities. The Act further provides with respect to, among other things, environmental impact assessment, specific regulation-making powers of the Minister, application, implementation and enforcement of international conventions, application of the precautionary principle, the functions of the Department for the protection of biodiversity and response to climate change. The Act also defines offences and specifies penalties for such offences.
The 2022 revised version of Tuvalu’s Environment Protection Act 2008 mainly consolidates amendments made in 2017, 2019 and 2021 rather than introducing new environmental policies. The most significant change clarifies court jurisdiction and legal continuity, ensuring that decisions and ongoing cases under the Act remain valid despite changes from Island Courts to the Magistrate’s Court. Other changes are largely technical and administrative, updating definitions, removing obsolete provisions, and improving clarity while keeping the Act’s original environmental protection framework intact.
Attached files
Web site
Topics
Chemicals and Waste
Long title of text
An Act to provide for the protection and management of the environment in Tuvalu and related purposes.
Notes
Reprinted version of Act No. 2 of 2008 as of 2022.
Repealed
No
Source language
English
Legislation Amendment
No
Toolkit legislation
Plastic
Regulatory Approach
Amended by