Environmental law

1. LAW711
ENVIRONMENTAL LAW
Topic 1 Introduction to Environmental Law
Topic 2 History and Challenges and Values, Principles, and
Environmental Law
Week 2 – Lecture 1

2. When all the trees have been cut down,
when all the animals have been hunted,
when all the waters are polluted,
when all the air is unsafe to breathe,
only then will you discover you cannot eat
money.
—Cree Prophecy

3. FYI
 Course Coordinator: Joeli J. Ditoka
 Contributing Lecturers: TBA
 Combined Lecture/Tutorial: Fridays 12-2pm in B1 108 for day
class and 6pm-8pm in the same room for evening class.
 Participation will be assessed towards final grade through
discussion forums, so try to participate fully during tutorial
discussions.
 Appointment times and contact details as per moodle: Click
on “Meet your course coordinator” for details.
 Prerequisite: See CD
 E-Information: All pertinent information relating to the
course shall be posted on Moodle. Students are required to
check emails regularly for communication from the lecturer.

4. Course Description
 This course will investigate the allocation of
rights and duties concerning the exploitation
of the natural resources of air, water, and the
use of land – between individuals as well as
between individuals and the government.
 Environmental law is a subject which
transcends the traditional legal subject
boundaries and shows how practical problems
in society are resolved by the application of a
combination of legal subjects.

5. Course Learning Outcomes
After completing this course and the required project, students should be able to:
1. Evaluate methods of regulation for pollution.
2. Apply a combination of legal subjects and demonstrate a wide knowledge of
the law on environmental issues.
3. Demonstrate an understanding of ethical issues as central to achieving
environmental goals in society.
4. Demonstrate the ability to investigate and analyse the environmental
imperatives regarding sustainable development, within the context of
thinking globally but with local actions.
5. Evaluate the conflicts raised by economic development and the conservation
of resources within a context of social justice.
6. Demonstrate the ability to investigate a directed area of law, by independent
research and study.
7. Demonstrate the ability to handle disparate areas of environmental law and
apply to a given problem.
8. Demonstrate the ability to understand what it means to act ethically and
respect nature within the context of sustainable development.

6. Learning Outcome &
Performance Criteria for Topic 1
Learning Outcome:
1. The student shall be able to analyse basic concepts on environmental law.
Performance Criteria:
The student should be able to –
1.1 Compare and contrast the basic definitions of “environment” and “law”;
1.2 Analyse some of the key themes in environmental law;
1.3 Criticize the basic interrelationship between environmental law and policy;
1.4 Evaluate some of the different meanings of rights within environmental law;
1.5 Understand Environment laws in Fiji;
1.6 Evaluate the role of Department of Environment in Fiji;
1.7 Apply the provisions of Environment Management Act 2005 (Fiji) to predict the
outcomes of breaches of the Environment Management Act; and
1.8 Design business activities in compliance with Environment Management Act 2005
(Fiji).

8. Learning Outcome &
Performance Criteria for Topic 2
Learning Outcome:
The student shall be able to analyse laws on conserving natural resources.
Performance Criteria:
The student should be able to –
2.1 Evaluate lessons from the past on environmental law;
2.2 Criticise the modern age of environmental law;
2.3 Evaluate on the second-generation environmental policy;
2.4 Evaluate on the environmental law-reflection and future prospects;
2.5 Analyse values and environmental law;
2.6 Evaluate the law and balancing environmental values;
2.7 Analyse the Law and risk on environmental laws;
2.8 Evaluate the perspectives on environmental issues;
2.9 Evaluate on the environmental principles in regards to environmental laws;
2.10 Predict on the precautionary Principle for environmental laws; and
2.11 Compare and contrast on the human rights and environment values.

9. Lecture Overview
 Definitions of “environment”, “law”; and
“environmental law”
 Key themes in environmental law
 Role of the Department of Environment in Fiji
 Fiji Environmental Laws in Fiji
 Relationship between environmental law and policy
 Environmental Challenges in Fiji
9

10. Definitions
 What is your definition of the term “environment” and
“law”?
 Environment:
 the air, water, and land in or on which people, animals,
and plants live (Cambridge Online Dictionary)
 the natural world, as a whole or in a particular
geographical area, especially as affected by human
activity.
 EMA 2005 – “environment” means (a) air, land or water; (b)
all layers of the atmosphere; (c) all organic or inorganic
matter or living organisms; or (d) the interacting natural
or human system that include components referred to in
paragraphs (a) to (c).
 Law:
 Law is a set of rules created and enforced by society or
government to regulate behavior; its precise definition is a
matter of longstanding debate.
10

11. Historical Development
 Environmental law as a distinct system arose in the
1960s in the major industrial economies. While many
countries worldwide have since accumulated impressive
sets of environmental laws, their implementation has
often been woeful.
 Reflected the state of scientific knowledge and the
development of sophisticated detection instruments.
These instruments are able to detect the presence of a
pollutant in parts per billion.
 Cataclysmic environmental disasters from the 60’s also
had a big part in pushing the movement for a more
robust regulatory framework.
 Public pressure.
11

12. Historical Development
 In recent years, environmental law has become seen as a
critical means of promoting sustainable development (or
"sustainability").
 Policy concepts such as the precautionary principle, public
participation, environmental justice, and the polluter pays
principle have informed many environmental law reforms in
this respect (see further Richardson and Wood, 2006).
 There has been considerable experimentation in the search for
more effective methods of environmental control beyond
traditional "command-and-control" style regulation. Eco-taxes,
tradable emission allowances, voluntary standards such as ISO
14000 and negotiated agreements are some of these
innovations.
12

13. What then is Environmental
Law?
 Defining “environmental law”
 “Environmental law is a body of
law, which is a system of complex
and interlocking statutes, common
law, treaties, conventions,
regulations and policies which seek
to protect the natural environment
which may be affected, impacted or
endangered by human activities.”
(UNEP, 2014)
13

14. Environmental Law
 Environmental law is a rapidly evolving and constantly
changing legal field. Due to the nature of environmental
issues in so far as our understanding of natural
resources and biodiversity and the impact we are having
on all facets of the environment is always improving:
 the legal frameworks which govern
planning, use and management of the
environment must also adapt
accordingly. (UNEP, 2016)
14

15. Environmental Law
 Some environmental laws regulate
the quantity and nature of impacts of
human activities: for example,
setting allowable levels of pollution
or requiring permits for potentially
harmful activities.
 Other environmental laws are
preventive in nature and seek to
assess the possible impacts before
the human activities can occur.
15

16. Policy Principles
(A few principles to know…)
 The Precautionary Principle is a moral
and political principle which states that if
an action or policy might cause severe or
irreversible harm to the public, in the
absence of a scientific consensus that
harm would not ensue, the burden of
proof falls on those who would advocate
taking the action.
 The Polluter Pays Principle is a principle
in international environmental law where
the polluting party pays for the damage
done to the natural environment.
(UNEP, 2014)
16

17. Regulatory Framework &
Institutions
 One of the critical challenges facing all
environmental issues is the need develop or
enhance national and international laws to
effectively and equitably protect, manage and
conserve natural resources and living species
for current and future generations.
 In this respect, environmental laws provide
the platform on which institutions, policies,
and compliance/enforcement regimes at
different levels can be built in order to
regulate all human uses and interactions with
the environment. 17

18. Department of Environment
 The DoE is the most crucial department to
environment and natural resource
management.
 It is the lead environmental agency in Fiji. It
became a standalone Ministry in 2017 with an
increased budget3.
 It is responsible for the promotion of
sustainable use and development of Fiji’s
environment and efficient implementation of
policies, legislation and program and to fulfill
Fiji’s obligations under regional and
international environment related conventions
and treaties.
18

19. Department of Environment
(Policy and Plans)
 DoE, as the implementing arm of the
National Environment Council (NEC),
coordinate the compilation of the
National Resources Inventory; and the
formulation, review and implementation
of the National State of the Environment
Report (NSER), the National Environment
Strategy (NES), the National Resource
Management Plan (NRMP) and the
National Biodiversity Strategy and Action
Plan (NBSAP).
19

20. Department of Environment
(Implementation)
 DoE is also the implementing agency for
the EMA, the Endangered and Protected
Species Act [2002] and regulations and
the Ozone Depleting Substance Act
[1998], Ozone Depleting Substance
Regulation 2000 National Air Pollution
Control Strategy, Climate Change Policy
Paper for Fiji 2007, Fiji National Liquid
Waste Management Strategy and Action
Plan 2006, national Solid Waste
management Strategy and Action.
20

21. Department of Environment
(Implementation)
 As the implementing agency for EMA the DoE is
responsible for carrying out Environmental Impact
Assessments (EIAs), waste management policies
and programs, environmental standard
formulation and enforcement.
 The Department is also responsible for
implementing three international conventions
namely the Convention of Biological Diversity
(CBD), the Convention on International Trade in
Endangered Species of Wild Flora and Fauna
(CITES) and the Convention on Wetlands (Ramsar).
21

22. Key Challenges in the
Development of Environmental
Law
 Some of the key challenges that exist for the progressive development of
environmental law include:
1. Excessive time lags between scientific understanding of environmental
issues and corresponding development of appropriate laws at the national,
international and regional levels;
2. Outdated or inadequate national legislation or international agreements to
effectively address certain environmental issues;
3. Lack of environmental laws to adequately preserve and protect natural
resources and ecosystems, especially in developing countries; and
4. Insufficient capacity to implement environmental laws, especially in
developing countries.
22

23. From a local perspective
What are our
challenges here in Fiji
that require a robust
environmental legal
framework?
23

24. Fiji’s Environmental
Challenges
 Fiji faces environmental challenges related to the
degradation of land resources, increased risk of
flooding and inundation to coastal settlements as
an impact of climate change, unsustainable
exploitation of marine resources, and the
environmental impact of urbanization which
undermines people’s quality of life. The
government recognizes the need for an all-hazard
approach that encompasses both natural and man-
made disasters to better manage the risks and
achieve sustainable development.
24

25. Land resources and
biodiversity
 While over 60% of Fiji’s total land area is suited to some
form of agricultural activity, only 29% is appropriate for
arable farming. The nature of land utilization practices,
whether for agriculture, forestry, or mining activities, has
also increased risks associated with high soil erosion, river
and stream contamination, sedimentation, pollution, and
flooding in low coastal and coral reef areas. In some
instances, this has led to the irreversible loss of
biodiversity. The terrestrial flora and fauna of Fiji
demonstrate a high degree of endemism—over half (56%)
of Fiji’s 1,594 known plant species are entirely endemic.
25

26. Marine & Coastal Resources.
 Fiji has an estimated 1,129 km of coastline
within the 1.3 million km2 of its Exclusive
Economic Zone.
 Offshore fisheries in this context make a
significant contribution to the Fijian economy but
concerns exist regarding the number of vessels
operating, and the potential impacts on pelagic
fisheries resources and nearshore coral reefs.
 Major threats identified for Fiji’s coastal
resources are the increasing rates of coastal
activities such as land reclamation, coral
extraction, and river dredging, compounded by
unregulated residential and tourism
development.
26

27. Marine & Coastal Resources
 Fiji has the third largest mangrove area
(38,000 hectares) in the Pacific but coastal
area and wetland reclamation have caused
significant loss of mangrove areas and littoral
forest, especially around heavily
industrialized areas, towns, and cities.
 Coastal pollution from land-based activities
and waste is also a major threat through
increased siltation from reclamation, solid
waste dump sites, eutrophication, and
groundwater seepage. Fiji’s reef systems are
directly affected, with its reefs and near-
atolls spanning over 10,000 sq km.
27

28. Marine & Coastal Resources
 The reefs’ health is vital to the large proportion of
the populace dependent on subsistence or small-scale
commercial fishing as well as the growing tourism
industry.
 Unsustainable activities, such as unregulated
mangrove harvesting and the selling of undersized
fish and crustaceans, are demoralizing conservation
efforts.
 Marine reserves have been established with
environmental management plans but enforcement is
clearly lacking because of lack of resources, lack of
skilled labor, and unclear institutional arrangements.
28

29. Water and sanitation
 The consistent supply of clean, safe piped
water and efficient sewerage services are
crucial for both rural and urban sectors in Fiji.
 Abundant rainfall, an intact forest cover, and
the presence of perennial rivers and streams
ensure that the larger islands in the
archipelago have adequate supplies of water to
meet the needs of the population.
 Dams are built to harness water for electricity
generation, with river water sourced for
agriculture, forestry, industry, and for
processing waste.
29

30. Water and sanitation
 Freshwater also serves a
crucial role in recreational,
cultural, and tourism
purposes—raising issues
around waste
contamination and
pollution.
 The provision of reliable
potable water on the
smaller outer islands can be
problematic in some
instances where rainwater
is harvested.
 For sanitation, it is more
challenging where it is
estimated that more than
50% of the rural population
does not have access to
proper waste disposal
services. In areas where no
sewerage connection is
available, typically septic
tanks are employed. Peri-
urban populations are also
underserved, especially
with endemic squatter
settlements, although plans
exist to expand urban
sewerage systems to these
communities.
30

31. Urbanization & Waste
Management
 The prospect of jobs,
income generation, and
better access to medical
and educational facilities
is driving an unsustainable
rate of urban migration.
 The 2017 national census
found that more than 55%
of the population resides
in urban areas.
 This has contributed to
the difficulties in
addressing urban
problems such as solid
waste disposal.
 Fiji’s municipal
governments lack the
mandate, resources, and
personnel to implement
waste management
initiatives effectively.
31

32. Urbanization & Waste
Management
 This puts pressure on the
management of all forms of
waste, with the continued
use of unsanitary waste
dumps, the absence of an
effective rural waste
management system, a lack
of civic pride exhibited
through public littering and
enforcement of existing
legislation, particularly in
the policing of industrial
pollution.
 As Fiji’s economic
performance improves with
urbanization and population
growth, the activities in all
sectors that ultimately lead
to increased waste
generation will increase. In
addition to the
municipalities, the onus is
on key statutory bodies
such as the Land Transport
Authority, the Water
Authority of Fiji, and the
Maritime Safety Authority
to regulate and monitor all
manners of waste
effectively in their
respective sectors.
32

33. Climate Change, Natural
Hazards, and Disaster
Management
 Fiji experiences a distinct wet
season from November to April
and a dry season from May to
October.
 In addition to seasonal variation,
the country experiences high
year-to-year variability
associated with the El Niño
Southern Oscillation (ENSO)
phenomena.
 El Niño events tend to bring dry
conditions over the country,
while La Niña events are usually
associated with wetter
conditions. ENSO drives changes
in rainfall, winds, sea surface
temperatures, and regions of
tropical cyclone formation.
 During an ENSO event, the dry
season conditions are drier and
cooler than normal, and wet
season conditions are warmer
whereby tropical cyclones are
more likely.
33

34. Climate Change, Natural
Hazards, and Disaster
Management
 Fiji’s economy and its people
are susceptible to the impacts of
climate change and climate
variability.
 This has a substantial impact on
health, coastal infrastructure,
water resources, agriculture,
forestry, and fisheries. Impacts
include reduced food and water
security; coral bleaching;
changing human disease
patterns; coastal flooding and
erosion; depleted inshore
fisheries with landward
retreating estuarine ecosystems;
and higher vulnerability of
coastal populations and their
assets to extreme weather
events such as storm surges,
tsunamis, and king tides.
 The increasing incidence and
intensity of these impacts are
taking their toll on the economy
and the citizens. Tropical
cyclones are one of the most
severe extreme events that
affect Fiji.
(Slide 14-26; ADB Report, 2014)
34

35. Concluding Remarks
 Definitions of “environment”, “law”; and
“environmental law”
 Key themes in environmental law
 Role of the Department of Environment in Fiji
 Fiji Environmental Laws in Fiji
 Relationship between environmental law and policy
 Environmental Challenges Global and Local (Fiji)
Context
35

36. Tutorial Questions (to be
discussed in Week 3)
1) Compare and contrast the basic definitions of
“environment”/“law” with that of “environmental law”.
2) Identify some of the key themes in environmental law.
3) Explain the basic interrelationship between
environmental law and policy.
4) Evaluate some of the different meanings of rights within
environmental law.
5) What is the role of the Department of Environment in
Fiji?
6) Look through the Environment Management Act 2005 (Fiji)
and identify provisions that list offences ie that provide
penalties for their breach?
7) Think of some local business activities which would need
to comply with provisions of the Environment
Management Act 2005 (Fiji).

37. Next Week
 Topic 3

38. References - PRIMARY
1. Environment Management Act 2005 (Fiji) Available online
http://www.paclii.org/fj/legis/num_act/ema2005242/
2. Cited Cases are available online on www.bailii.org , www.paclii.org ,
www.worldlii.org , www.canlii.org/en , www.austlii.edu.au or
www.commonlii.org as the case may be.

39. References – SECONDARY/TERTIARY
1. Unit Descriptor, LAW711 Environmental Law, Fiji National University
(2017).
2. Akanisi Vakawaletabua, LAW701 Notes, Trimester 3 2017, Fiji
National University (2017).
3. Jyoti Pratibha, “New Ministry of Environment Gets 7.3 Million”, Fiji
Sun Online, 30 June 2017, Accessed 14 May 201a8 and available
online: http://fijisun.com.fj/2017/06/30/new-ministry-for-
environment-gets-7-3million/
4. Joeli Ditoka, LAW711 Notes, 2018, Fiji National University (2018).
5. Akanisi Vakawaletabua and Adarshani Vikash, LAW711 Notes,
Semester 2, 2022, Fiji National University (2022).