Temotu Province Environmental Protection Ordinance 1989

PROVINCIAL GOVERUI'1ENT ACT. 1981 (NO. 7 OF 1981) THE TEMO'.ro PROVDtCE ENVIRONMENTAL PR~ON ORDINANCE 1989 AN ORDINANCE TO PROVIDE FOR THE PROTECTION OF ENDANGEBm> SPFCIES ENACTED BY THE PROVINCIAL ASSEMBLY OF TEMOTU PROVIliCE 2. ARRANGEMENT OF SECTIONS Section 1. Short title and commencement 2. Interpretation 3. Offence to buy or sell)>~~tected species 4. Declaration of protected· species 5. Declaration of protected places 6. Offence to disturb protected places 7,. Of'tenoe to disturb the nestt eggs, offspring, or habitat 0£ protected.species 8. Deregulation of protected species or places 9. Register o! protected species and places 10. Penalties for offences 11. Po~ers of police, etc. 12. Ordinance no bar to other clailns 1rt titl$ J commencement nterpretation 1. This ordinance may be cited as fhe Terootu Province Environmental Protection Ordinance 1989 and shall come into effect a!ter assent by the Minister of. Provincial Government and. publication in ·the G~~zette. 2. In this ord.inance; except where the context req~ires ·otherw~se "Executive" means the Temotu Provincial Executive as established in ac·oordance with sections 1(3)(a), 21 and 22 of the Act; ''National Huseum" means the Solomon Islands N,tional Museum ad.ministered by tbe Hinistrr ot Education and Tra.ining;. "person" means any person and includes any public body, company or association, and any body of perso ns corporate or uni.ncorporate; 0 police oftic~r" means a member or the Royal Solomon Islanrls Police Force; "protect&d place0 means anr area dec1ar.ed. as protected in accordance with this ordinance; •tprote~tee. species" me.ans an:y plA.nt, fish, reptile, bird, crustacean.fungus or insect d~cl~r.ed AS protected in i:J.ccordnnoa with this Ordinance, "provincial employee" ~n:is arr, person. holding a paid position in the service or Temotu Province And not a public officer; ttpublic officer" means an,- person from time to time posted to Temotu Province and holding a pa.id 3?osi tion in the public service; 4. Offence to buy ,. or eell pro Any person other than a) A p~r.son acting on behal! of the N o,tional tected species Declaration or protected species . Declaration of protected places b) Museum, A person acting on behalf of a eciAntific institution ·approved b~ resolution of the Assembly and who is named in and i~ posse ~sion or a letter ot suthori-ey signed by the Clerk to the Assembly; or, o) A person acting in accordance with customary procedure ; who buys or sells or offers to buy or sell ooy Protected Species or any product obtained fr·om a Protected Species shall be guilty of an o!fenee and on conviction shall be liable to a fine not exceedinB 8500. 00 per offence, or in default ot payment ·of the fine, to imprisonment for a ~eriod not exceeding 6 months. 4. The Executive may, by regulat~on, declare any animal, plant, fish, reptile, bi.rd, .fungus, crustacean or insect to be a Protected S'peeies . (a) The•Executive may. by rogu-lA.tion, declare 8Ir:f area ·use'd. by a Protected -.Spgcies as a habitat or b?"3eding ground to be a Protected Place. (b) Uo declaration shall b" 1t1.ade pursuant to subsection ( a) he reto without the wr.i tten requt?st or consflnt of the bona f'id.e rep::r.esent ative(s) of the owners of the land. in reapeet 0£ which the declaration is to be made, as deterinined by the area council within which the Protected Place, or the .majo~ity of the Prote-ct.ed Place, ie located. (c) Following the declaration of an area as a Protected Plsce, the owners of that are~ shall be ' responsible for marking its boundaries so ~s to afford reasonable notice to persons operating in the area of the Projected Place of . the existence or the Protected Place anrl. the Protecte1 Species .nee to curb :protec places fence to disturb ~ nest, eg~s, fspring or bitat of protected ~cies ::-egulation of :>teoted ~cies or 1ces 6. ( 1) Any person who by any means undertakes any activity whether inside or outside a.D7Protected ~lace, 'Which results in adversely disturbing or damaging the Protected Species within that Protected Place is guilty of an offence and is liable·to the penalties set ou.t in section 10 of the 0:rdinance. (2) It shall not be an offence und•r thiB· section (a) for persons, exerc:isinp; custoJ'llar:, rights within any Proteated Place, to use that Protected Place ror its cllStom purpose; (b) for pa'sons to URe a.ey shelters, :i.n a Protected Place as temporary shelters in an emergency; or, (c) for the landowners of any Proteeted: Place or for officers or emploJ'$eS of 'l'emotu Province, of the National Museum, or a scientifio institution approved by resolution ot the Assembly and in posseseion ot a letter of authori t,- signed by the Cl•rlt to the Assembly, to carry out aetivi ties necessary t~ preserve the status quo of that Protected Place or the Protected Species within that Protected Place. 7. It is an of.fence to disturb the nest, eggs, offspring or habitat or a Protected Sp~ies whether said nest, egg, offspring or habitat is located within or without a Protected Place. 8. The Executive may, by regulation, remove the protected status of aD.1' species; or, 1.lp()n written application of the bona fide landowners (~s determined pursuant to subsection 5(b) hereto) may remove the protected status of aey area. J.Ster of ,tected species .d places nalties r offences ,wers of ,lice etc. ·dinnnce no ,r to other .aims. 6. 9. The Executive or any public officer or provincial employee designated~·by the Executive sh'ill as soon as pr~cticable establish and maintain at the provincial of.fices a register oi Protected Speciee and Protected Place~ which shall define as accurately as possible all Protected Species and the boundaries of each Protected Place e:nd. the ~ethod by which the site boundaries have been marked. Said register shall be available for inspection during regul~r business hours. 10. Any offence under sections 6 or 7 is punishable by n fine not exoeeding 5500 for each offence, or in default of payroen~ by iroprisoruuent for a period. not exceeding six (6) months. 11. (1) It shall be lawful for any landowners, polioe officer, area constable, membe~ or the etaff of the NationAl Museum or any provincial employee or public o~ficer, designated by the Executive, to make enquiries at all reasonable times to ascertain whether any orfence under this Ordinance is being or has been committed. (2) Any person who obstructs or impedes any lam.owner, police (')fficer, area constable, pro-,,1.ncial employee, public officer or member of the National Museum staff acting in due exercise of his powers under this Ot'dina.nce, is guilty of an offence and liabl13 to fine not exceeding $200.00 or, in default of payment, t o imp~isonment for a period not exceeding three (3) months. 12. Thia OrdiD17lnce and the imposition of ~ny penaltiP,s the-reunder sh~ll not operate to bar othe~ civil clRima or relieve any person from li~bility which m~y exist to answer for damages in respect of an~r persons or property injured. Passed by the Temotu Provineial Assembly this 1989 This printed ilnpression has been carefully compared by me ~~Ainst tb8 Ordinance passed by the ~emotu Provincial Assembl~ and is rourtd by me to be a true nnd correct copy or the said Ordinance. Cle~k to the Temotu Provincial.Assembly Assented to by the Honour~ble Minister tor Hottle .Affairs etnd l'rovinieial. Govel"nment t this day of 198(). Nathanial Waena Minister of Provinci~l Government