Environment Protection Act (Title 35)

TITLE 35. ENVIRONMENT CHAPTER 1. ENVIRONMENTAL PROTECTION ARRANGEMENT OF SECTIONS Section PART I - PRELIMINARY 1. Short title. 2. Application. 3. Interpretation. PART II - NATIONAL ENVIRONMENTAL PROTECTION AUTHORITY 4. Establishment of the Authority. 5. Inapplicability of the Corporations, Partnership and Associations Act. 6. Members and their appointment. 7. Compensation. 8. Vacation of office 9. Delegation by the Authority. 10. Procedure. 11. Disclosure of, and disqualifications for, interest. 12. Misconduct in public office. 13. By-laws. 14. Staff of the Authority. 15. Application of bribery laws. 16. Protection for action taken under this Act, or on the direction of the Authority. 17. Immunity. 18. Attorney-General PART III - OBJECTS, POLICIES, POWERS FUNCTIONS AND DUTIES Division 1 - Objects, Policies and Powers 19. Objects. 20. Policies of the Authority. 21. Powers of the Authority. 22. Primary drinking water regulations. 23. Pollutants. 24. Pesticides, etc. 25. Nuclear and radioactive waste, etc. Division 2 - Functions and Duties 26. Functions and duties of the Authority. 27. Environmental management. 28. Land Use Scheme. 29. Natural resources. 30. Fisheries. 31. Soil conservation. Section 32 Studies; research; etc. PART IV - GENERAL RULE AS TO GOVERNMENTAL ACTION 33. Environmental impact. 34. Environmental impact statements. PART V - FINANCE 35. National Environmental Protection Authority Fund. 36. Bank accounts. 37. Accounts and records. 38. Minister may require report. 39. Exemption from tax, etc. PART VI - ENVIRONMENTAL ADVISORY COUNCIL 40. Constitution. 41. Compensation. 42. Applicability of certain Sections. 43. Meetings. 44. Functions. PART VII - ENFORCEMENT Division 1 - General 45. Enforcement action generally. 46. Discharges of waster. 47. Pollutants. Division 2 - Cease and Desist Orders 48. Application of administrative procedure laws. 49. Issuing, etc., of cease and desist order. 50. Public hearings. Division 3 - Judicial Proceedings, etc. 51. Declaratory and equitable relief. 52. Defenses. 53. Relief. 54. Remission for administrative proceeding, etc. 55. Administrative proceeding, etc., subject to judicial review. Division 4 - Fines, Penalties, etc. 56. Violation. 57. Civil penalties. § 28. Land Use Scheme. The Land Use Scheme formulated under Section 27 of this Act may include: (a) a scientifically adequate land inventory and classification system; (b) a determination or present land uses, the extent to which land is utilized, under-utilized or rendered idle or abandoned; 2 TITLE 35. ENVIRONMENT (c) a comprehensive and accurate determination of the adaptability of land for community development, agriculture, industry or commerce; (d) identification of areas having important historic, cultural or aesthetic value where uncontrolled development or exploitation could result in irreparable damage; (e) a method for exercising control by the Government of the Marshall Islands over the use of land in areas where environmental control is deemed necessary; and (f) a policy for influencing the location of new areas for the resettlement of persons and the methods for assuring appropriate controls over the use of land in and around such areas. [P.L. 1984-31, § 28.] §29. Natural resources. The Authority shall, in consultation with the Council and with the assistance of the Ministry of Resources and Development, recommend to the Minister the basic policy on the management and conservation of the country’s natural resources in order to obtain the optimum benefits there from and to preserve the same for future generations, and the general measure through which policy may be carried out effectively. [P.L. 1984-31, § 29.] §30. Fisheries. (1) The Authority shall, in consultation with the Council and with the assistance of the Ministry in charge of the subject of fisheries, recommend to the Minister a system of rational exploitation of fisheries and of the aquatic resources within the territorial waters of the Republic including its exclusive economic zone, and shall encourage citizen participation therein to maintain and enhance the optimum and continuous productivity of such waters. (2) Measures for the rational exploitation of fisheries and other aquatic resources may include the regulation of the harvesting and marketing of threatened species of fish or other aquatic life. [P.L. 1984-31, § 30.] §31. Soil conservation. The Authority shall, in consultation with the Council and with the assistance of the Ministry of Interior and Outer Islands Affairs, recommend soil conservation programs, including therein encouragement of scientific farming techniques, physical and biological means of soil conservation, and short-term and long-term research and technology for effective soil conservation. [P.L. 1984-31, § 31.] §32. Studies, research, etc. The Authority may undertake and promote continuing studies and research programs on environmental management and shall from time to time determine priority areas of environmental research [P.L. 1984-31, § 32.]