Participatory legal framework in environmental matters in Fiji Case Study: Public Participation in the Environment Impact Assessment Process -

Draunibota Bay Coastal Development, Lami

Kiji Vukikomoala Isoa Korovulavula

Public Participation in Environmental Management and Decision-making workshop

Noumea, New Caledonia 3-4 December 2017

Prepared by:&

Participatory legal framework in environmental matters in Fiji – Applied in EMA and the EIA process

• So how important is public participation to the EIA process and the Environment Management Act (EMA)?

• EMA came into force in 2008, it subjected all approving authorities that were authorised under a written law to approve development proposals under the provisions of EMA.

• EMA subjects all development proposals that are likely to cause significant environmental or resource management impact to an EIA and therefore commits everyone including government to the principles of sustainable use and development of natural resources.

“Sustainable development” means development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs, and implies using resources to improve the quality of human life within their carrying capacity.” S 2, EMA adopted from UN Brundtland Report 1987.

Case Study: Draunibota Bay

• Draunibota Bay - largest area of discrete mangrove left in the Suva harbour

• Declared a resource reserve under the Department of Land’s 1986 National Mangrove Plan

Draunibota Bay

Case Study: Draunibota Bay

• 2010-11 Pacific Building Solutions (the Proponent) submitted a Development Proposal (“The Proposal) to Department of Environment

• Development of 1.40 hectares of freehold land and foreshore state land which consists of more than 14 hectares of Rhizophora sp. (tiri) (mangrove) and shrub land in the Wailekutu flood plains.

• Potential impacts - Substantial removal of mangroves and expected to have substantial environmental effects on Draunibota Bay

• DoE commissioned an Environment Impact Assessment (“EIA”) to be conducted

BACKGROUND

Draunibota Bay

2. The Bay of Islands Preservation Group

Community participation

Lot 1 DP 5818 Waibola, Wailekutu

Proposed Stage 1 Development

Foreshore Lease Application

Application for Rezoning

Lot 1 DP 5818 Waibola,Wailekutu

Heavy Industrial Development

“Development for the purpose of carrying out industrial processing or storage of such a nature as would reasonably be expected to have a detrimental effect on the normal enjoyment of peace and amenities of the surrounding inhabitants if such development were to be placed adjacent to a residential zone. Detrimental effects as aforesaid may be caused by noise, glare, dust, smoke, odour, unsightliness, vibration or other such detrimental causes emanating from the site or land used or proposed to be used for heavy industrial development” Town Planning Act General Provisions

“Under Fire” – Fiji Times, July 29, 2014

Public Participation & the EIA Process

• “At a minimum, sustainable development must not endanger the natural systems that support life on Earth, the atmosphere, the waters, the soils and the living beings. Many of the environment and development problem that confront us have their roots in fragmentation of responsibility.. Defending the common interest in sustainability… entails greater public participation in the decisions that affect the environment. “ Brundtland Report 1987.

EMA & Public Participation – Scoping [s 18 EIA Rg]

• The processing authority may if it considers appropriate involve the public in the scoping exercise.

• The processing authority may require the proponent to convene one or more scoping meetings

• Notice via- newspaper, radio or television stations

• Proponent to cover the costs of meeting

EMA & Public Participation - Terms of Reference

• [ s 19 EIA Rs] – Processing authority may invite participation from relevant ministries and interested persons.

• [ s 20 (1) EIA Rs] – Major developments prepared by Proponents own EIA Consultant the proponent must convene at least one meeting to present and discuss the TOR

• [s 20(2) Processing authority may require the proponent to convene at least 1 meeting whether or not it is a major development.

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EMA & Public Participation – EIA Report

• Mandatory public hearing after EIA report is completed. S 34 EMA

• EIA Report to be made available for public inspection. S 28 (1)(c) EIA reg.

• If major development notice may be placed in media. S 28 (2) EIA reg. Every radio or TV station broadcast and in every newspaper that circulates in the proposed development site.

• If major development processing authority may invite comments by other interested sectors. S 28(5) EIA reg

EMA & Public Participation – Review

• Processing authority to arrange for review of report by registered review Consultant or review Committee. S 30 EMA & Section 29 EIA regs

• Processing Authority must require the developer to conduct public consultation on the review of the EIA report. S 30(1) EIA regs

• At least one of the review meetings must be held in the vicinity of the are of the proposes development.

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EIA - EMA• EIA process is a safeguard recognised in law that allows information sharing and

facilitates a participatory environment for government agencies, private entities and individuals to work out mutual outcomes which include the collective interest of all parties concerned.

• EIA Report, facilitates effective and timely decision-making by the premise alone that it is presented with the best of intentions only by the person(s) preparing and/or owning the Report.

• Flawed EIA report such as the one done for Draunibota Bay include the following: (i) incomplete; (ii) never subjected to a proper public consultation; and (iii) in its current form misleading.

• The principles and standards established within EMA are meant to ensure transparent and accountable decision-making for the greater and common good of all citizens.

• Approving authorities under the EMA or any other environment related legislation have no other right but that to ensure that any decision made is made accountable to the citizens and residents

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Merci

Vinaka

Questions and/ or Comments