Pacific Islands Strengthen Environmental Protections with New Regulations
Four Pacific Island nations - Nauru, Palau, Papua New Guinea, the Solomon Islands, and Tuvalu - have made a significant move towards preserving their marine ecosystems by introducing specific licensing terms and conditions for fishing, as well as prohibiting fishing in certain areas of the high seas.
Environmental Commitment
The new regulations, amended in 2010 and 2015 to prohibit sets associated with whale sharks, demonstrate the commitment of these island nations to maintaining the delicate balance of their ecosystems.
Mining and Minerals
Phosphate Mining
Nauru’s Constitution addresses phosphate mining, vesting the right to mine phosphate in the Republic of Nauru. The government is not responsible for rehabilitating land from which phosphate was mined prior to July 1, 1967. However, Article 63 empowers parliament to establish a fund for the benefit of persons from whose land phosphate deposits have been recovered.
Mineral Extraction and Mining Activities
Despite this, no laws are currently in place that provide generally for the regulation of mineral extraction and mining activities on land, except for those related to phosphate resources.
International Seabed Minerals Act
Nauru’s International Seabed Minerals Act 2015 governs its engagement in seabed mineral activities in the area beyond national jurisdiction and associated administrative functions. The act aims to:
- Establish a legal framework for sponsorship and control of contractors undertaking seabed mineral activities
- Provide that such activities must be carried out under Nauru’s effective control, in accordance with best international practice and internationally accepted rules and standards
- Secure optimum benefits, long-term economic growth, and sustainable development for Nauru from the development of its seabed mineral sector
To achieve these objectives, the act creates a regulatory system, designates a responsible authority to license and monitor seabed mineral activities, establishes a system for sponsorship applications, and provides for payments and a ring-fenced Seabed Minerals Fund.
Biosafety
Agricultural Quarantine Act 1999
Nauru’s Agricultural Quarantine Act 1999 aims to protect plants, animals, and public health by preventing the introduction and spread of injurious diseases and pests. The act provides procedures and facilities for ensuring the safe movement of plants and animals into, out of, and within Nauru.
Supporting Regulations
Other supporting regulations include:
- Agricultural Quarantine (Fees) Regulations 2015
- Plant and Animal Quarantine Regulations 2004
- Biosecurity Bill 2004 (under development)
- Quarantine Act 1908
Waste Management and Pollution
Nauru has implemented measures to address waste management and pollution, including:
- Litter Prohibition Ordinance 2002
- Environmental Protection Regulation 2015
- Waste Management Act 2010
These regulations demonstrate the commitment of Nauru and its Pacific Island neighbors to protecting their marine environments and promoting sustainable development.