[Photo: FILE]

Concerns have been raised over who should take action when pollution threatens public health, as the proposed Public Health Bill is reviewed by Parliament.

The Ministry of Environment and Climate Change says some provisions in the Bill may overlap with existing environmental laws, creating possible confusion over enforcement responsibilities.

Submitting to the Standing Committee on Social Affairs, the Ministry’s Policy Manager Genevieve Jiva says Section 56P, which deals with pollution entering waterways and foreshores, duplicates powers already covered under the Environment Management Act.

Jiva says clear roles between the Ministry of Health and the Ministry of Environment are needed to ensure effective enforcement when dealing with pollution and environmental risks.

“To strengthen enforcement, this section should explicitly include illegal storage or discharge of hazardous substances, as defined in the EMA, which includes toxic materials posing long-term risks to health. This can allow our health practitioners to act against chemical risks to public health. Littering and pollution offences remain governed primarily by the Litter Act 2008.”

Jiva adds that the Bill should also include provisions covering the illegal storage and discharge of hazardous substances to strengthen protection against chemical risks to public health.

However, National WASH Coordinator at the Ministry of Health, Toga Vosataki, says the provisions in the Public Health Bill do not contradict the Environment Management Act.

“And the reason why it’s in the Bill is because of the renumbering that has to happen within the amendment. So that particular section has already been included since 1935. And I believe, just to clarify to the Committee, if we look at it from the two lenses, we can see that these are not contradictions but are actually complementing each other.”

Vosataki says the Public Health Bill is intended to provide health officers with the necessary powers to respond to situations where pollution poses a risk to public health.