Last Updated: 1 January 2021

[EM 11] Functions, duties and powers of the Department11 

11
(1) In carrying out its functions, the Council may require the Department to carry out the following—
  • (a)to coordinate the formulation and review of the National Report;
  • (b)to coordinate the formulation, review and implementation of the National Environment Strategy (including national environmental and resource management policies);
  • (c)to implement and carry out the EIA process;
  • (d)to design and implement policies and programmes on pollution and waste management, abatement and reduction;
  • (e)to formulate, monitor and enforce environmental standards;
  • (f)to coordinate conservation and management of natural resources;
  • (g)to facilitate the establishment of environmental units in ministries, departments, statutory authorities, local authorities or facilities;
  • (h)to establish and maintain a register of accredited persons;
  • (i)to provide technical advice on pollution control and abatement methods;
  • (j)to implement treaties and conventions on environmental and resource management to which Fiji is a party;
  • (k)to formulate and review the National Resource Management Plan and the Natural Resources Inventory.
(2) For the purposes of subsection (1), the Council may further require the Department to carry out the following duties—
  • (a)to evaluate environmental and resource management implications of major economic and sectoral policies; and
  • (b)to review environmental and resource data and environmental audit reports.
(3) For the purposes of carrying out the functions of the Council, the Department has the following powers—
  • (a)to undertake periodic inspections of any ministry, department, statutory authority, local authority or facility relating to environmental or resource management;
  • (b)subject to the powers of the Director of Public Prosecutions, to institute and conduct legal proceedings under this Act in a Magistrates Court; and
  • (c)to appoint lay persons to prosecute offences under this Act or a Scheduled Act in a Magistrates Court.