Environment Management Non Compliance Inspections

Introduction

1. The Environment Management (Waste Disposal & Recycling) Regulations 2007 (“the Legislation”) require all industrial and commercial facilities to have a waste permit (unless exempted). [See previous legal alert on Munro Leys website www.munroleyslaw.com]

2. The Department of Environment (“DOE”) is currently conducting a series of site visits to all commercial and industrial facilities in the Suva, Nasinu, Lami and Nausori corridor that have been issued non compliance notices in respect of their obligations under the Environment Management Act (“EMA”). The campaign is scheduled to run from 3 May – 31 June 2010.

Non Compliance

3. Compliance inspections are provided for under the Regulations and during a visit, inspectors may take pictures, samples and if necessary remove equipment. Employees are also liable to be interviewed.

Failure to comply with Compliance Notice

4. Failure to comply with a compliance notice could in some instances render the facility and or its owners/operator liable to a fixed penalty of up to $1,000. Failure to comply with a fixed penalty can result in fines of $100,000. Serious pollution offences may be prosecuted. Pollution offences carry fines of up to $250,000 and 3 years imprisonment for first offences.

More Information

5. For further information on the matters set out in this alert, contact Nicholas Barnes or the lawyer at Munro Leys with whom you normally deal.

Disclaimer

The information and opinions in this Legal Alert are for general information purposes only. They are not intended as specific legal or other professional advice and should not be relied upon or treated as a substitute for specific advice. Munro Leys can accept no responsibility for any loss arising from reliance on the general information contained in this Legal Alert.

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