[Photo: File]

Fiji’s environmental laws will continue to apply under the proposed Fiji-Australia Vuvale Union, with the Ministry of Environment and Climate Change stressing that no one should be exempt from the country’s laws.

Permanent Secretary for Climate Change Dr Sivendra Michael told the Parliamentary Standing Committee on Foreign Affairs and Defence that Fiji already has legal mechanisms to hold parties accountable for environmental breaches.

He says these include environmental permits, prohibition notices and fixed penalties where projects do not comply with the law.

Dr Michael has highlighted Article 4.8, which provides for written consultation, saying every use of the provision needs to be carefully examined.

“For example, if the environmental project is to go ahead and there are no permits in place, they have progressed without the necessary, you know, obviously that’s not
something that our partners always respect that. But if it proceeds, then the Director of Environment has the powers to invoke the prohibition notice, issue the fixed penalty.”

Standing Committee member Shalen Kumar has raised concerns over Article 8.2, which states that any dispute under the treaty cannot be taken to a national or international court, tribunal or third party for resolution.

“If a dispute arises regarding transboundary pollution, failed climate adaptation funding or ecological damage from joint operations, how will the ministry seek neutral legal recourse when international environment courts are barred?”

In response, Dr Michael says annual work plans can be tabled in Parliament, making the record public and allowing the committee to scrutinize what is being planned.

He says Fiji must know what activities are coming to its shores and ensure they are managed within the country’s laws and regulations.