Environmental Management and Conservation Act - Act 12 of 2002 (Cap. 283)

This Act concerns protection of the environment and biodiversity in Vanuatu. The Act consist of 46 sections divided into 6 Parts: Preliminary (1); Administration (2); Environmental impact assessment (3); Biodiversity and protected areas (4); Offences (5); Miscellaneous (6).
Part 1 defines the geographical application of the Act and contains a list of definitions. Part 2 provides for administration of the Act and the environment. For this purpose, a Director of the Department responsible for the environment is appointed under section 3. The Director is responsible for the development, co-ordination and, where appropriate, implementation of the Government’s environmental policies and programs. In carrying out the these functions, the Director shall: (a) administer the Environmental Registry established under section 6; (b) prepare a National State of the Environment Reports under section 7; (c) prepare National Policies and National Plans under section 8; (d) administer the Environmental Impact Assessment procedure under Part 3; (e) prepare guidelines, standards, codes of practice and procedures; (f) prepare advice on international environmental treaties and instruments, including implementation strategies; (g) undertake environmental research, assessment, monitoring, and inspection generally; and (h) undertake such other duties and responsibilities as may lawfully be required by the Minister (sect. 4). The Environmental Registry shall contain information on matters relating to the environment such as applications, permits, plans, environment impact statements, etc. Section 12 of part 3 defines projects, proposals and development that are subject to environment impact assessment.
Part 4 provides for the establishment of a Biodiversity Advisory Council under section 29, regulates bioprospecting and makes provision for the establishment of Community Conservation Areas. The Council is responsible for advising the Minister on any matter relating to the implementation of the Convention on Biological Diversity of 1992 and, in particular, on matters relating to commercial bioprospecting. Bioprospecting as defined in section 2 requires a permit pursuant to section 32. Any person wanting to undertake bioprospecting must apply in writing to the Director. The Director may negotiate with custom landowners for the protection and registration of any site as a Community Conservation Area where he or she is satisfied that the site possesses the characteristics as outlined in section 35. If custom landowners agree to the formal protection of areas of biodiversity significance, these areas may be registered by the Director as Community Conservation Areas (sect. 37). Regulation making powers the Minister are set out in section 45.