Why permits are vital

By GODFRIED ANGI
IN the previous article we discussed the Environmental Regulatory Framework.
The purpose and the aims of the Act are to prevent pollution and damages to the ambient environmental quality by regulating development activities in order to achieve them.
The regulatory framework under the Environment Act 2000 sets out a significant step forward in the way in which the environment in Papua New Guinea is to be managed and protected.
Ambient environmental quality within each segment of the environment is to be defined identifying the characteristics of the natural environment and the values that it supports. Where ambient environmental quality has been modified or altered as a result of human interference or project development, the existing status quo would be appraised before deciding, with inputs from relevant stakeholders, the level of protection that can be offered to protect certain environmental values but to forego others due to the level of impact.
The legal tools provided under the Act for the protection and management of the environment includes regulations, environment permits and enforcement.

Regulations
There are five regulations that were developed under the Act which include:

• Environment (Permits and Transitional) Regulation;
• Environment (Prescribed Activities) Regulation;
• Environment (Fees and Charges) Regulation;
• Environment (Water Quality Criteria) Regulation; and
• Environment (Procedures) Regulation.

The requirements in each of the regulations, apart from Environment (Procedures) Regulation, are specific for a variety of pollution control purposes.

Environment permit
The permitting process enables and allows the Conservation and Environment Protection Authority (Cepa) to have direct control of activities that may impact on the environment. The environment permit is a tool that is employed by the authority to have an early input into the design of a project to ensure that the overall objectives of the Environment Act would be complied with.
Specific discharge conditions are also incorporated into the permit to ensure that those objectives will be met.

Enforcement
Enforcement tools available under the Act include issuance of notices in situations where an environmental problem has occurred or is likely to occur. Depending on the nature of the problem, the appropriate notice is served on the person who is effectively in charge of the premises requiring an evasive action or clean up after an incident has occurred.
On the whole, the regulatory framework will enable Cepa to effectively discharge its statutory responsibilities in ensuring that activities with potential for causing environmental harm are adequately regulated in order to promote sustainable socioeconomic developments while protecting and maintaining environmental quality.

Regulatory process
The regulatory framework was already discussed in the previous article. It provides a three-level project identification dealing with activities that have potential for causing environmental harm.
These activities are classified as a Level 1, Level 2 A and B or Level 3 activity. Level 3 category projects are those projects of national importance and which have the potential to cause serious environmental harm.
These activities are subjected to the environment impact assessment process.

Environmental Toktok.

The Minister for Conservation and Environment Protection Authority must issue an approval in principle to a Level 3 activity before an environment permit for discharge of wastes can be obtained.
The activities in the Level 2 category have the potential to cause environmental harm. Level 2 category is further categorised into Level 2 (Category A) and Level 2 (Category B). Level 2 (Category A) are those activities (e.g., water extraction, etc.) with low potential for causing environmental harm and are exempted from the notification and public consultation requirement under the permit assessment process.
On the other hand, Level 2 (Category B) activities have high potential for causing environmental harm and are put through the full environment permit assessment process.
Level 1 activities are those activities that are not prescribed in the Environment (Prescribed Activities) Regulation 2002 as Level 2 or Level 3 activities. These are activities with very low risk of causing environmental harm. The environmental performance of these activities is guided by environmental guidelines, codes of practices and notices. The Level 1 activities are also obliged to comply with the Act and the regulations or statutory policies developed under the Act.

Applicant’s responsibilities
The regulatory processes are clear but it is of greater value for the project developers to have early consultation with Cepa before formally lodging an Environment Permit application.
This early consultation is of utmost importance as it will enable the following events to take place before the applications are lodged for assessment and approval. This early consultation between the applicant/proponent and Cepa will allow:

• Identification of which level of activity the proposed project will fall into, that is Level 1, 2 A ,2B or 3 as regulated by Environment (Prescribed Activities) Regulation 2002;
• The authority to advise the applicant/proponent of the relevant environmental performance standards relating to the proposed activity during the project planning stage;
• Cepa to also provide relevant information guidelines to the developer/proponent during the notification process to enable the proponent to note and include the environmental considerations into the design of the proposed activity;

It is also at this stage that the relevant legal requirements under the environment regulatory process are notified to the proponent. The guidelines issued by the authority must be understood; otherwise the proponent can seek clarification from Cepa.
It is very important for the proponent that the application must contain sufficient information on the proposed activity as well as the correct application fee before the application for an approval in principle and/or environment permit is lodged.
Information guidelines or bulletins should be consulted in order to submit the required information. Delays in processing of an application due to insufficient information will be avoided if quality data and relevant information are provided in the first instance.
During processing of an application, additional information may be requested from the proponent in order to complete the assessment. In those situations, the proponent should respond promptly and where verbal advice is given this must be confirmed in writing. With this proactive participation of the proponent, the submission and assessment of an application under the environmental regulatory process would be conducted efficiently.

Responsibilities of Cepa
The responsibility of Cepa under the new environmental regulatory framework is enormous. However, this workload can be streamlined and efficiently managed if relevant administrative tools are developed.
And operational manual is one such tool that will assist in standardising and streamlining the administrative process for handling environmental applications.
It is important that officers from Cepa use this manual as a guide for responding to each step in the permitting process.
An operational manual is a dynamic and evolving document that should be continually improved as situations arise to meet the new demands.
At the same time, the improved efficiency that is anticipated from the use of the manual would assist Cepa to function properly and project an image of an organisation that has an efficient regulatory process. This improvement in the performance will in turn enable the authority to meet the expectations of the public, the business community and the Government of Papua New Guinea
In the next article I will discuss the environment permit application and approval process.

• Godfried Angi is the principal scientist at Yeyue Environmental Services