Policy & Legislation

 

Over the years, the Vanuatu has made a number of pieces of environmental legislation, but not all of this legislation falls under the mandate of the department. Some environmental legislation is administered by other government agencies such as the Ministry of Agriculture, Livestock, Forestry, Fisheries, and Biosecurity. Together with these other agencies, the department works to achieve its vision of a clean, resilient and sustainable environment.

One of the tools the government uses to lead and guide ‘evriwan’ towards this vision is to have in place appropriate legislation.

  1. International conventions and Agreement
  2. Laws
  1. Policies
  2. Compliance and Enforcement
  3. Other

Environmental Protection and Conservation Act

The Environmental Protection and Conservation Act [CAP 283] is the overarching environmental law of Vanuatu. It provides for the conservation, sustainable development and management of the environment and covers three main areas:

  • Administration – Formally establishing the Department of Environmental Protection and Conservation and outlining its roles and responsibilities.
  • Environmental Impact Assessment – Providing a process for identifying and managing the impacts of a proposed project on the environment.
  • Biodiversity – Recognising Community Conservation Areas and giving direction to communities considering registering their conservation areas at the national level; and providing for bioprospecting (research).

The Act originally started as the Environmental Management and Conservation Act in 2002 but its name was changed in 2011. The law today is made up of the:

For a copy of an unofficial consolidated version of the Environmental Protection and Conservation Act [CAP 283] please contact us.

Environmental Impact Assessment Regulations

The Environmental Impact Assessment (EIA) Regulations provide more information about the EIA process mentioned in Part 3 of the Environmental Protection and Conservation Act. Importantly, the EIA Regulations include the details of the decision-making process for assessing the environmental impacts of a proposed development on the environment.

The EIA Regulations today are made up of the

For a copy of an unofficial consolidated version of EIA Regulations please contact us

Compliance and Enforcement

The Department of Environmental Protection and Conservation (DEPC) is responsible for administering a number of Vanuatu’s environmental protection and conservation laws. Part of the administration of the law is to encourage people to comply with the law and to take enforcement action when people don’t comply.

Where possible, DEPC engages with the community to encourage people to act in accordance with environmental law. But, when compliance approaches fail, enforcement mechanisms may be used.

All of the environmental laws administered by DEPC support this important compliance and enforcement role by providing powers for officers to: enter land to undertake inspections; take samples for testing and analysis; take photographs and measurements; and require the production of records and information.

Different laws also provide DEPC with different enforcement tools that can be used when a person hasn’t complied with the law. For example:

  • where developments have gone ahead without approval, DEPC officers can issues notices under the Environmental Protection and Conservation Act [CAP 283] ordering work to stop or ordering the developer to restore the environment. Officers can also issue fines.
  • where pollution is occurring, DEPC officers can issue notices under the Pollution (Control) Act No. 10 of 2013 ordering the relevant person to take measure to prevent, control or reduce the emission of pollution.
  • Where ozone depleting substances have been imported by a person who doesn’t hold a licence, DEPC officers and officers of the Vanuatu Customs and Inland Revenue Department can seize the imported substance under the Ozone Layer Protection Act No. 27 of 2010.

If you think you have seen someone breaking our environmental laws, please contact us so that your complaint may be investigated and the appropriate enforcement action taken.

Ozone Layer Protection Act and Regulations

The Ozone Layer Protection Act and associated regulations implement Vanuatu’s obligations as a party to the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer.

The Ozone Layer Protection Act today is made up of the:

For a copy of an unofficial consolidated version of EIA Regulations please contact us.

The Ozone Layer Protection Regulations set out the fees and penalties that apply under the Act.

Contact Us

Port Vila Office

Ministry of Climate Change Adaptation,
Meteorology & Geo-Hazards, Environment,
Energy and Disaster Management compound, Nambatu
PMB 9063, Port Vila
Phone: (678) 25302 | 33430

Luganville Office

Sanma Provincial Government Council,
PMB 239,
Luganville,
Sanma

Location of DEPC Office

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