Regulation of the Environment (Lecture Note).pdf

HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT REGULATION OF THE ENVIRONMENT (OVERVIEW OF LEGISLATIVE CONTROLS)  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Objective of the Environmental Regulation Providing for the protection and improvement of the environment Preventin...

HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT REGULATION OF THE ENVIRONMENT (OVERVIEW OF LEGISLATIVE CONTROLS)  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Objective of the Environmental Regulation Providing for the protection and improvement of the environment Preventing environmental pollution in all its forms To tackle specific environmental problems that are peculiar to different parts of the country To co-ordinate the activities of the various regulatory agencies already in existence To appoint environment officers to check environmental pollution To improve the quality of life by protection of environment Establishing environmental laboratories To protect the forests and wildlife in the country To reduce threats to the environment and increase public health  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Environmental law describes a network of regulations and customary laws that address the effects of human activity on the natural environment. These laws are also referred to as environmental and natural resource laws and center on the idea of environmental pollution. In addition to this issue, environmental law works to manage specific natural resources and environmental impact assessment. There are a few key areas that environmental law works to regulate in order to lessen the impact on the environment. Some of these areas include: Air Quality Water Quality Waste Management Contaminant Cleanup Chemical Safety Resource Sustainability HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Is Environmental law & regulation importance and necessary?  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Why is Environmental Law Important? To protect humans, animals, resources and habitats, without these laws , there would be no regulations concerning pollution, contamination, hunting, or even response to disasters. To protect air, water and soil and improvement of the environment. Negligence of these law results in various punishments like fines, community service and in some extreme cases, jail time. Without these environmental laws the government would not be able to punish those who treat environment poorly. Is a practice protecting the environment and development, on individual, organizational or governmental levels, for the benefit of the natural environment or humans. To regulate in order to lessen the impact on the environment that includes air quality, water quality, waste management, contaminant cleanup, chemical safety, resource sustainability etc.  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT REGULATION OF THE ENVIRONMENT in BRUNEI DARUSSALAM  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Can you list Brunei Laws related to the environment?  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Brunei Laws related to Environment 1. Miscellaneous Licences Act Cap.127 refer to business licences Act CHAPTER 127.pdf (agc.gov.bn) 2. Miscellaneous offences Act Cap 30 (formerly known as Minor Offences Act) S059.pdf (agc.gov.bn) 3. Environmental Protection and Management Order 2016 S063.pdf (agc.gov.bn) 4. Building Control Order, 2014 s069.pdf (agc.gov.bn) 5. Fisheries Order, 2009 S025.pdf (agc.gov.bn) 6. Disaster Management Order, 2006 b075.pdf (agc.gov.bn) 7. Forest Act Forest Act.fm (agc.gov.bn) 8. Hazardous waste (Control of Export, Import and Transit) Order, 2013 s094.pdf (agc.gov.bn) 9. Mining Act CAP.42 CHAPTER 042.pdf (agc.gov.bn) 10. Petroleum Mining Act CAP.44 Cap44.fm (agc.gov.bn) 11. Plant Varieties Protection Order, 2015 PLANT VARIETIES PROTECTION ORDER 2015.pdf (agc.gov.bn) 12. Poision ACT CAP.14 Poisons Act.fm (agc.gov.bn) 13. Radiation Protection Act CAP.228 S067.pdf (agc.gov.bn) 14. Safety, Health and Environment National Authority Act CAP.227 S056.pdf (agc.gov.bn) 15. Water supply ACT CAP.121 CHAPTER 121.pdf (agc.gov.bn) 16. Wild Fauna and Flora Order, 2007 S077.pdf (agc.gov.bn) 17. Wild Life Protection CAP 102 CHAPTER 102.pdf (agc.gov.bn) 18. Town and Country Planning (Development Control) Act (Amendment) Order 2016 S051.pdf (agc.gov.bn)  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Environmental Acts and Guidelines in Brunei Darussalam ENVIRONMENTAL ACTS: 1) Environmental Protection and Management Order 2016 - Specifically Section 41(1), authorised the minister to make regulations that are necessary or expedient to carry out the order’s provisions. Section 41(2)(f) states that ‘ the Minister may also impose requirements with respect to control of land pollution, including industrial waste, domestic waste and littering’ S063.pdf (agc.gov.bn) 2) Hazardous Waste (Control of Export and Transit) Order 2013 - Prohibits the transboundary movement of plastic waste unless the person importing or exporting is authorised to do so. Following recent amendments to the country’s customs import and excise duties, which took effect on 01 April 2017, the volume of plastic and plastic products for import is to be reduced by imposing a 3% excise duty on them (Ministry of Finance, 2017). s094.pdf (agc.gov.bn) Reference: www.jastre.gov.bn  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Environmental Acts and Guidelines in Brunei Darussalam Acts from relevant government agencies adopted by the Department of Environment, Parks and Recreation: Penal Code CAP 22 of Royal Brunei Police Force - Punishment of offences committed beyond, but which by law, may be tried within Brunei Darussalam. - Offences affecting the Public Health, Safety, Convenience, Decency and Morals Miscellaneous Offences Chapter 30 (Minor Offences) - Offences in respect of uncleanliness in public places and authorized dumping - Prohibitions against depositing refuse etc. in any public place Water Supply Act CAP 121 of Department of Water Services, Public Works Department. - An Act to provide for the control and regulation of the supply of water Reference: www.jastre.gov.bn  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Environmental Acts and Guidelines in Brunei Darussalam The Prevention of Pollution of the Sea Order 2005. - aims to prevent disposal of waste from ships, including refuse, garbage, effluents, plastics, and dangerous pollutants. Section 5(1) states that ‘… if any disposal or discharge of refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form occurs from any ship into Brunei Darussalam waters, the master, the owner and the agent of the ship shall each be guilty of an offence …’. Section 16(1) states that any direct or indirect discharge from ships of refuse, garbage, waste, plastics, effluents, and dangerous pollutants into any part of the sea or waters in Brunei Darussalam shall be charged for recovery costs. - Prevention of Pollution of the Sea Order, 2005 (S 18).pdf (agc.gov.bn) The Prevention of Pollution of the Sea (Garbage) Regulations 2008 - especially Section 4(1), specifies plastic discharge prohibition, covering all plastics, including but not limited to synthetic ropes, synthetic fishing nets, and plastic garbage bags. Reference: www.jastre.gov.bn  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Environmental Guidelines in Brunei Darussalam In 2002, the Pollution Control Guidelines for the Industrial Development in Brunei Darussalam is adopted for the control of emissions, effluents and discharge from various development and construction activities. Environmental Impact Assessment Guidelines for Brunei Darussalam serve as a guidelines for project proponents to survey, predict and assess environmental impacts and study possible environmental protection measures relating to prescribed activities in the following areas: 1) Agriculture 2) Airport 3) Drainage and Construction 4) Land Reclamation 5) Fisheries Reference: www.jastre.gov.bn  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Environmental Guidelines in Brunei Darussalam 6) Forestry 7) Housing 8) Industrial 9) Infrastructure 10) Ports 11) Mining 12) Petroleum 13) Power Generation and Transmission 14) Quarries 15) Railways 16) Transportation 17) Resort and Recreational Development 18) Waste Treatment and Disposal Department of Environment, Park and Recreation - Pollution Control Guidelines for Industrial Development 19) Water Supply ​Environmental Impact Assessment Guidelines for Brunei Darussalam is also established to complement the Pollution Control Guidelines for the Industrial Development in Brunei Darussalam. Reference: www.jastre.gov.bn  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Brunei Darussalam Environment - Current issues No major environmental pollution problems but air pollution control is becoming a growing concern; seasonal trans-boundary haze from forest fires in Indonesia. It is realised that proper management of the quality of the environment is essential in view of population growth, urbanization and economic development. There is no specific legislation to control air emissions from industries in Brunei Darussalam at the moment and there is a lack of information due to the lack of studies in the area. Presently no study have been undertaken to properly investigate the contribution of these sources to severe episodes of haze in the country. Studies that have been made reveal that generally pollution levels from vehicles are low except for high concentrations in particular places  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Brunei Darussalam Environment - Current issues Enforcement activities are relying mostly on the administrative orders and code of practice as well as the goodwill of the management. Consistent with Government policies, Brunei Shell has formulated its own Environmental Management Plan. The plan cover practices, procedures and standards pertaining to management of environmental quality including air quality. Open burning at the moment is still a common practice.  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT ENVIRONMENT LAW ENFORCEMENT  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT What do you understand by law enforcement? Law is the pillar of any nation as its supports the peaceful growth and development of the nation and its people. But how does a rule or law is implemented and made sure that is been followed without any issue? This analysis is done through an activity called law enforcement. There are few members of government hire in different phases to enforce the law. These members enforce the law by punishing people violating the law in any form The punishment also differs from violation to violation. Law enforcement is not something that can be handled alone by few members. It requires different stages to work smoothly. Law enforcement must be aware of the structure in which law enforcements works. Law enforcement includes policies, courts, correction, etc. these wok behind enforcing the law peacefully.  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Basic properties of Law Enforcement Act that have a benefit higher than the external cost they cause SHOULD NOT deterred and SHOULD be punished. Acts that have a benefit lower than the external cost they cause SHOULD be deterred. Punishment should be based on harm to the victim and not on the gain to the criminal (Polinsky and Shavell, 1993, JLEO) A sanction based on the gain to the criminal would deter by removing the illegal gain. However, if the gain is above the level of harm, the deterrence of these acts would be inefficient  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT ROLE OF ENVIRONMENTAL ENFORCEMENT OFFICER  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Role of an Environmental Enforcement Officer Appointed as an Authorised Officer, have regulatory powers and functions under environment legislation, to enforce the provisions of the act. For example, authorised officers may have the power to enter premises to assess compliance, require action to reduce environmental impacts, take samples, ask questions, or require information and records. To conduct inspections to verify compliance with environmental legislation and investigate cases where violations are discovered. Environmental laws and regulations are designed to protect and foster a healthy and sustainable environment; environmental enforcement officers ensure these laws are not broken. have the power to issue penalty notices under the law or its regulations are called enforcement officers rather than authorised officers. Relevant officers could be appointed as an enforcement officer, or as an authorised officer, or both. To support the Environmental Health Team Leader and the wider Environmental Health Service by providing technical assistance and carrying out enforcement work in relation to all areas of Environmental Health work under the immediate direction of a Head / Senior Environmental Enforcement Officer.  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT The Enforcement Tools for General Duty These enforcement tools, outlined further in the compliance guidelines, include issuing an environmental protection order or issuing direction and clean-up notices. Demonstrating compliance with general environmental duty can be used as a defence for offences relating to causing unlawful environmental harm. The more serious the environmental effect is, the more significant the enforcement response will be. This will be based on the potential and/or actual harm, including the risk to people, communities and the environment.  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT The Rules must Enforcement Officers to follow? Enforcement Officer must also follow certain rules and regulations during their visit. This includes: Always show identification before beginning an inspection. Give clear feedback once the inspection is complete. Feedback could include any issues or risks that were identified, how to avoid these risks from occurring, and any relevant laws the establishment must comply with. The Enforcement Officers must be clear when giving feedback on what must be followed to comply with the law and what is the recommended good practice. Explain any actions and give reasons for these actions in writing. Identify, in writing, any breaches in the law and give a copy or statement of the specific law. Clearly state the time limit for meeting the mandatory requirements or following any actions. This time limit should be reasonable unless an immediate risk to public health has been identified. An effective environmental law should include the authority or power necessary for its own enforcement. An effective authority should govern implementation of environmental requirements, inspection, and monitoring of facilities, and legal sanctions for noncompliance  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Powers of Inspectors / Enforcement Officers To enter any premises to inspect it and anything in it, where this can be affected without force. Make inquiries. To ascertain if the order applies and has been complied with. Identify responsible person, require a person to provide information or answer questions To require the production of any records which are required to be kept for inspecting. To examine, make copies, take away and/or retain records or documents To require facilities and assistance. To take samples of articles or substances for evidence purposes. Require the articles or substances to be dismantled. To take photographs, films or audio or visual recordings generally make any investigations and inquiries that may be necessary to ascertain whether an offence under this Act has been or is being committed Serving legal notices (summon/compound/fines) Compiling reports  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Examples Types of Cases Prosecuted Illegal dumping Water pollution Used oil Act Violations Hazardous waste violation Air pollution Pesticides and toxic substances Drinking Water  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT LITTERING VIOLATION IN BRUNEI DARUSSALAM Over 50 littering violations in the first half of 2022 A total of 51 individuals, including 20 citizens and four permanent residents, and 15 local companies were issued compound fines by the Law Enforcement Division of Bandar Seri Begawan Municipal Department for violations under Chapter 30 of the Miscellaneous Offences Act from January to June this year through Operation Bersih Photos show violations detected by the Law Enforcement Division of Bandar Seri Begawan Municipal Department. PHOTOS: BSB MUNICIPAL DEPARTMENT The violations included littering construction and commercial waste as well as cigarettes butts, at premises including commercial buildings. Companies were fined for inappropriate disposal of construction and commercial waste and used vehicle parts, and dumping liquid waste into drains. Bandar Seri Begawan Municipal Department removing abandoned The rate of compound fines under Chapter 30, Section 12 of the vehicles. – BSB MUNICIPAL DEPARTMENT Miscellaneous Offences Act is not exceeding BND1,000 for individuals while for corporate bodies should not be more than BND2,000 Source: Borneo Bulletin, July 14, 2022  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Failure to settle the fines will lead to legal action whereby, upon conviction, individuals shall be liable to a fine of not less than BND1,000 and not exceeding BND3,000 for the first offense. For the second and subsequent offenses, the individual shall be liable to a fine of not less than BND3,000 and not exceeding BND 9,000; imprisonment for a term not exceeding six months; or both. Corporate bodies, if convicted, shall be liable to a fine of not less than BND 2,000 and not exceeding BND 10,000. For the second and subsequent offences, they shall be liable to a Photos show violations detected by the Law Enforcement Division of Bandar Seri Begawan Municipal Department. fine of not less than BND10,000 and not exceeding BND30,000; PHOTOS: BSB MUNICIPAL DEPARTMENT imprisonment for a period not exceeding 12 months; or both Source: Borneo Bulletin, July 14, 2022  HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT Company fined for littering February 22, 2022 The Department of Environment, Parks and Recreation (JASTRe) issued a BND500 fine to a local company yesterday for disposing unwanted construction materials at a public area in Kampong Mumong, Kuala Belait. The fine was issued was under – Chapter 30 Section 12(1)(f)(ii) – of the Miscellaneous Offences Act and the company was given seven days to settle it. Failure to do so will result in the case being forwarded to the courts. If found guilty, the company will be handed a fine no less than BND2,000 and no more than BND10,000 while subsequent offences will see a penalty of no less than BND10,000 and no more than BND30,000, or imprisonment of no more than 12 months, or both. Source: Borneo Bulletin, Feb, 22 2022 HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT  2/4/2016 1 HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT ENVIRONMENTAL PROTECTION & MANAGEMENT ORDER, 2016  7 HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT ENVIRONMENTAL PROTECTION & MANAGEMENT ORDER Order shall apply to the territory of Brunei Darussalam “environmental incident” is an event where there has been a detrimental impact resulting in pollution or damage to air, water or land “environmental impact” means the likely impact of any prescribed activity on various aspects of the environment, and includes the impact on land (includes water and air) “material change” means any change in environmental impact that is significant to require a re-submission of the notification of prescribed activities to the Authority or any authorised officer, and includes – (a) physical changes to the premises; (b) changes to operational parameters of the facility; (c) change in risk profile or environmental impact;  8 HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT ENVIRONMENTAL PROTECTION & MANAGEMENT ORDER “waters” means all waters, whether manageable or not, included within Brunei Darussalam, and shall be deemed to include territorial waters; “works” includes any activity, whether commercial or not, that may have an impact on the environment. The Authority for Environmental Matters – Director of JASTRe under Ministry of Development Contact Person : Martinah Binti Hj Tamit Email Address: [email protected] Website: www.env.gov.bn Complaints section for submitting queries and reporting matters  9 HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT ENVIRONMENTAL PROTECTION & MANAGEMENT ORDER “notification of prescribed activities” means a written report as set out in the Second Schedule Delegation of powers 5. (1) The Authority may, with the approval of the Minister, delegate the exercise of all or any of the duties imposed and the powers conferred on him by this Order to such person as he may think fit, subject to such conditions as the Authority may specify Duty of person 7. It shall be the duty of every person in Brunei Darussalam – (a)to take, so far as is reasonably practicable, such measures to ensure the protection and management of the environment and the prevention, reduction, or control of any potential hazard that may cause pollution or damage to the environment; and (b) to comply with the requirements of this Order and any regulations made thereunder.  10 HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT ENVIRONMENTAL PROTECTION & MANAGEMENT ORDER Written notification for undertaking of prescribed activities 9. (1) It shall be the duty of every person, who intends to carry out the prescribed activity as set out in the First Schedule, before he undertakes such prescribed activity to submit a written notification to the Authority or any authorised officer at such time that will enable him to take into account any matters relating to the environmental issue. (2)Such written notification shall be accompanied with the details as required in the Second Schedule. (3)If the Authority, on receipt of the written notification is of the opinion that the notification does not satisfy the requirements in subsection (2), he shall, as soon as practicable, notify the person intending to carry out the prescribed activity to revise and resubmit his notification to ensure compliance with this Order or any regulations made thereunder. Environmental officer 10. (1) For the purposes of this Order, any person who undertakes a prescribed activity shall appoint an environmental officer.  11 HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT ENVIRONMENTAL PROTECTION & MANAGEMENT ORDER Penalty for carrying out any prescribed activity without notification 26. (1) Any person carrying out any prescribed activity set out in the First Schedule without written notification to the Authority or any authorised officer as required under section 10(1) is guilty of an offence and liable on conviction to a fine not exceeding $1,000,000, imprisonment for a term not exceeding 3 years or both. FIRST SCHEDULE : PRESCRIBED ACTIVITIES PART II : INDUSTRIALACTIVITIES 6. Marine – Any activities in Brunei Darussalam waters. 8. Hazardous Substance – (a) activities related to construction, refurbishment and decommissioning of (i) pipelines; (ii) onshore and offshore workplaces and facilities (b) processing, transporting, handling, storing and disposal.  12 HE 3205 PUBLIC HEALTH LAW & ENFORCEMENT ENVIRONMENTAL PROTECTION & MANAGEMENT ORDER SECOND SCHEDULE DETAILS IN WRITTEN NOTIFICATION OF PRESCRIBED ACTIVITY 1. Name of the person in charge of the activity and address in Brunei Darussalam. 2. Identification, by position held, of the person giving information. 3. Nature and size of prescribed activity proposed which is to be carried out. 4. Location where activity will be taking place. 5. Date the activity will commence and duration. 6. Explanation in simple terms of the activity or activities to be undertaken. 7.An assessment of the impact the activity will have on the environment, social and the public including the measures adopted to identify the baseline; reduce, mitigate, control and monitor air, land, noise and water pollution from the activity. This includes any potential cross border impact on neighbours and details of any cumulative impact that may occur due to the activities of the owner or occupier or any person and that of his neighbours. 8. Measures undertaken to manage and mitigate the detrimental impact to the environment. 9.Confirmation that the person in charge of activity has made adequate arrangements, to respond and recover from environmental incidents, including liaison and arrangements required with relevant emergency services.