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INTERNATIONAL ENVIRONMENTAL LAW AND POLICY IN COMPARISON WITH

EXISTING LAWS AND POLICY IN PAPUA NEW GUINEA

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INTERNATIONAL ENVIRONMENTAL LAW AND POLICY IN COMPARISON WITH
EXISTING LAWS AND POLICY IN PAPUA NEW GUINEA

BY

Willie Doaemo (Morobe Development Foundation, PNG University of Technology), Lin

Yifu (Peking University) Michael Aniekan Johnson (Impact Water), and David Manuel
Rodríguez Ferro (UNED)

For

MOROBE DEVELOPMENT FOUNDATION INC

PAPUA NEW GUINEA, UNIVERSITY OF TECHNOLOGY

DEPARTMENT OF CIVIL ENGINEERING

1

21 March, 2020

TABLE OF CONTENTS

Title page 1

Table of contents 2

Acknowledgements 3

Abstract 4

1.0 INTRODUCTION 5

1.1 Background of the Study 5

1.2 Research Problem 10

1.3 Objectives 10

2.0 LITERATURE REVIEW 11

2.1 International Environmental Law and Policy 11

2.2 Existing Environmental Law and Policy in Papua New Guinea 21

2.2.1 The Environmental Planning Act 29

2.2.2 The Environmental Contaminants Act 30

2.2.3 The Water Resources Act 30

2.2.4 The New Integrated Environment Act 31

2.2.5 Conservation Legislation 31

2.3 UN-REDD+ Programme 32

2.4 Review of drivers of deforestation and forest degradation 35

2.5 National Adaptation Plan (NAP) process. 37

2

3.0 METHODOLOGY 39

3.1 Research Design 39

3.2 Method of Data Analysis 39

4.0 RESULTS AND DISCUSSION 39

4.1 Data Analysis and Interpretation 39

4.2 Discussion 48

5.0 CONCLUSION AND RECOMMENDATIONS 57

5.1 Conclusion 57

5.2 Further Recommendations 58

6.0 REFERENCES 62

ACKNOWLEDGEMENTS

My unreserved gratitude goes to Mr. Charles Feriwok for providing guidelines and making
suggestions where needed. My profound gratitude also goes to Dr. Funmi Alabi for reading
through the manuscript and offering guidance throughout the stages of this study. I also thank
Dr. Bunmi Adebayo and Dr. Tosin Bukola for their moral support and willingness to assist when
needed. I would also like to thank our volunteer Ms. Awantika Rai for her contribution to the
paper.

Additional acknowledgements go to Godfrey Langtry at the Papua New Guinea University of

Technology, and volunteers Michael Aniekan Johnson, Milan Stevanovic, Iosu Iribarren,
Gonzalo Picatoste Vazquez, Cigdem Kaya, Michael Caldwell JR and Lawrence Wuest for
providing additional technical contributions and expert opinions to this paper

3

ABSTRACT

Papua New Guinea (PNG) is one of the most biodiverse countries in the world. However, PNG’s
rich biodiversity is under threat as the country experiences rapid cultural and environmental
transformation as a result of increased urbanization and industrialization, These changes are
emerging as a consequence of the national government’s emphasis on economic development.
Urbanization and industrialization have increased the environmental risk for many species
within PNG’s diverse ecological community, and have increased the threats to the nation’s clean
air, land and water. The cumulative impacts of these risks will be significant unless the country
adopts more appropriate policies, better regulatory control, and more stringent rule of law in the
environmental sector. The need for better regulation is especially evident with respect to the air
and water pollution that have had direct negative impacts on the personal health of individuals,
the public health of local communities, and on the integrity of the food chain. If the nation is to
prevent threats to health and increased environmental degradation and species loss, there is an
urgent need to address all of these issues through better environmental laws and policy.
Sustainable mainstream economic development, and sustainability of PNG’s rich biodiversity
can only be achieved by an updated and more strictly enforced rule of environmental law,
consistent with well established international environmental law, policies and agendas.

The objective of this study is to examine environmental laws and policy in Papua New Guinea,
and to identify the level of divergence from the prevailing international framework of
environmental law. Such an analysis is essential in order to identify and understand where
significant gaps exist, and to determine what actions are required for increased environmental
protection. This study addresses this need with a comparative analysis, using a survey research
design with a four point Likert-type scale. The comparison is conducted on 40 groups of
environmental laws, sub-classified into 9 main themes.

4

The results of this study show that 40% of the environmental law identified in international
policy do not exist in PNG’s legal framework. The study further revealed deficiencies in 8 of the
9 sub-themes identified in environmental law. Both results indicate that significant effort is
required to establish improved rule of law in PNG’s quest for effective environmental protection.
The study shows that international policy and comparative analysis can be used to determine the
strategic focal points required to most efficiently and effectively fill the gaps in current PNG
environmental law. Local knowledge from a wide range of stakeholders, derived from diverse
sectors of society, is an essential element of the proper translation of international agendas into
appropriate local actions that can cover all aspects of sustainable development.

Key words: Comparative analysis, Environmental law, Environmental protection, International

Policy, Papua New Guinea

1.0 INTRODUCTION

1.1 Background of the Study

A law, under a formal definition, is a rule recognized as binding by a supreme authority. A legal
framework or corpus iuris is a set of rules and regulations created by a legislative power of a
state and its government to bind local, national and foreign community activities into the fabric
of the nation’s objectives. There are certain areas of law related to the focus of this study,
including Public International law, Environmental law and Public health law amongst others.
Environmental laws are the regulations that national governments and International
Organizations (IOs) have established to manage natural resources and environmental quality,
including issues such as air and water pollution, forests and wildlife, hazardous waste,
agricultural practices, wetlands, and land use planning. Environmental law represents a
foundation for environmental sustainability. Following the 1972 Stockholm Declaration on the

5

Human Environment, there was an expansion of environmental laws and institutions on the
global scale (UNEP, 2019).

According to Multilateral Environmental Agreements (2017), international environmental law

(IEL) is a branch of public international law - a body of law created by states and IO’s to solve
and prevent problems that arise between states. IEL seeks to control pollution, and to regulate the
extraction of natural resources within a framework of sustainable development.

IEL also seeks to address current environmental concerns including, but not limited to, climate
change, ozone depletion and quality of air, land and water. International conventions and
international customary law are other sources of binding environmental law in and of
themselves.

Papua New Guinea (PNG) is part of the United Nations Framework Convention on Climate
Change (UNFCCC), and signatory of the Paris Agreement 1 and previous international
environmental commitments. Papua New Guinea was the first country to formally submit the
final version of its Nationally Determined Contribution (NDC)2 under the Paris Agreement (see
PNG NDC Satisfactory Letter, 2016). PNG’s national climate action plan as per the agreement
adopted at COP21, sets a roadmap for PNG’s contribution to global climate action on climate
change mitigation and adaptation. In order to do its part in limiting the rise of global temperature,
PNG is determined to reduce its greenhouse gas (GHG) emissions, enhance its adaptive capacity,
strengthen resilience and reduce vulnerability to climate change and natural disasters. The
current comparative analysis of environmental legal and policy frameworks at national and
international level will help to inform and reinforce PNG efforts in these and other relevant
aspects. This study builds on previous efforts in this direction, notably by the Secretariat of the
Pacific Regional Environment Programme. Papua New Guinea is designated among countries

1
https://unfccc.int/files/meetings/paris_nov_2015/application/pdf/paris_agreement_english_.pdf
2

https://www4.unfccc.int/sites/ndcstaging/PublishedDocuments/Papua%20New%20Guinea%20First/PNG_INDC%2
2

https://www4.unfccc.int/sites/ndcstaging/PublishedDocuments/Papua%20New%20Guinea%20First/PNG_INDC%2
0to%20the%20UNFCCC.pdf

6

with “Fair or Limited” Environmental Democracy Index, by the Environmental Law Institute3,
which tracks progress in enacting national-level laws, regulations, and practices (Environmental
Law Institute, 2015). However, this index does not include comprehensive measurements of the
degree of effective implementation of these laws (UNEP, 2019). The Environmental
Performance Index (EPI), powered by the World Economic Forum (EPI, 2018)4, ranks PNG 164
out of 180 countries with a total score of 39.35, showing an improvement of 5 points and 6
positions from previous editions. (Table 1 shows the main EPI dimensions provides an overview
of PNG’s overall environmental situation)

Rank 2018 vs previous

EPI Dimension Rank* Score**
EPI
Environmental Health 128 -1 47.26
Air Quality 130 -2 60
Water and Sanitation 142 -4 18.48
Heavy Metals 79 -7 54.26
Ecosystem Vitality 171 +4 34.09
Biodiversity and Habitat 157 -10 34.04
Forests 60 -25 25.66
Fisheries 135 -114 27.35
Climate and Energy 66 +107 55.36
Air Pollution 163 +11 22.16
Water Resources 143 = 0
Agriculture 93 = 29.02
* Out of 180. **0=worst, 100=best.
Note: Green=Above average; Orange=Below average; Red=Poor performance
Source: EPI, 2018.

In general, PNG shows a better ‘environmental health’ situation (rank 128) than ‘ecosystem
vitality’ (171), although it has experienced a fall of one position in the former, compared to a
positive improvement of 4 positions in the latter. Although PNG has developed policies aimed at
improving air quality, water and sanitation, and reducing exposure to heavy metals, the
appropriateness, level of ambition and correct implementation of these policies require review,

3
https://environmentaldemocracyindex.org/country/png
4
https://epi.envirocenter.yale.edu/sites/default/files/2018-png.pdf

7

given the countries position in the EPI rankings, and the country’s still low levels of access to
clean water.

What seems to be evident is that the country is working to reduce the intensity of its gas
emissions (Carbon dioxide and black carbon), which have resulted in a leap forward from
position 173 to 66 under ‘Climate and Energy’. Methane and nitrous oxide emissions remain to
be addressed more vigorously. With forests being an important natural and economic resource
for Pacific Island Countries (PICs) (World Bank, 2017), PNG has displayed a worrying
regression in fighting tree cover loss (from rank 25 to 60), standing behind Micronesia (1) and
Vanuatu (26) and ahead of Solomon Islands (89). The dramatic pace of deforestation is also
confirmed in PNG’s Second National Communication to the UNFCCC (2014)5. The alarming
decline in EPI ranking in tree cover loss, and the accelerating pace of deforestation would
suggest a need to review PNG’s regulatory and public policy on protection of forested land. The
decline in EPI rankings also suggests a review of PNG policy is indicated under the headings
‘Biodiversity and Habitat’, ‘Fisheries’ and ‘Water resources’.

Papua New Guinea is designated among countries where national laws fully address indigenous
land tenure rights and community land tenure rights (Environmental Law Institute, 2016; UNEP,
2019). However, there are enormous challenges in this sector and further research is needed in
order to understand why these challenges emerge in practice. For example, according to the
UNEP, there are 71 protected areas in PNG that account for 14,330 km2 (5,530 Sq mi) (UNEP,
2018). PNG is ranked close to the bottom of the list, despite being one of the most biodiverse
countries in the world. Therefore, research and prevention is needed to tackle such severe
problems.

Although PNG has signed onto several international environmental agreements and treaties, the
main issue in PNG, as in many other developing countries, is inadequate application of the law.
In order to fulfill its obligations under these agreements and treaties, the emphasis in PNG needs
to shift from a singular focus on the development of policies to improved implementation and

5
https://unfccc.int/sites/default/files/resource/Pngnc2.pdf

8

enforcement of the law (UN, 2019). As is the case with domestic law in PNG, in order to
effectively comply with these agreements and treaties, improved environmental law must be
adopted through Acts of Parliament. In order to realize the full potential of these environmental
laws, further research is also required.

Prior to Independence in 1975, Papua New Guinea had very little policy related to environmental
management. After independence, environmental concerns were included in the National
Constitution 6 . The five National Goals and Directive Principles of Papua New Guinea's
Constitution reflect a commitment to what is now commonly referred to as ‘sustainable
development’ under the 2030 Agenda.

The fourth of the National Goals concerns natural resources and the environment: Papua New
Guinea's natural resources and environment should be conserved and used for the collective
benefit of all and should be replenished for future generations (Mowbray and Duguman, 2009).
The goal called for:
i. Wise use to be made of our natural resources and the environment in and on the land or
seabed, in the sea, under the land, and in the air, in the interests of our development and in trust
for future generations;
ii. The conservation and replenishment, for the benefit of ourselves and posterity, of the
environment and its sacred, scenic and historic qualities; and
iii. All necessary steps to be taken to give adequate protection to all valued birds, animals, fish,
insects, plants and trees. (Mowbray and Duguman, 2009).

Other Acts were made by the National Parliament to come into operation in accordance with a
notice in the National Gazette by the Head of State. These include Acts to provide for a
regulatory framework to:

i. promote and manage climate compatible development through climate change mitigation and
adaptation activities;

9

ii. implement any relevant obligations of the State under applicable rules of international law
and international agreements related to climate change; and
iii. establish Papua New Guinea's Designated National Authority or an equivalent entity for the
purpose of the Kyoto Protocol and any such other or subsequent arrangements or agreements
made under the Kyoto Protocol, and for related purposes.

Following independence in 1975, various legislations have been enacted related to environmental
goals. These include legislation regulating energy production and management, health, water
planning, agriculture practices and other sectors. Further, Papua New Guinea has become party
to multiple international conventions, which in many cases have required enabling legislation,
most of which have subsequently been enacted.

1.2 Research Problem

Due to significant waste management challenges in Papua New Guinea, there is a need to
improve existing environmental law in the country in order to align these laws with international
agendas and best practices. In order to do that, a comparative analysis is required to highlight the
differences between existing international environmental law, and environmental law and policy
existing in Papua New Guinea today. The main hypothesis is that there are several gaps in
PNG’s national framework compared to international practice, and that significant improvements
are required in several aspects of environmental policy and laws in Papua New Guinea. The
comparative analysis will determine the most efficient focus points for improvements in the
effectiveness of environmental law across multiple levels of governance in Papua New Guinea.

1.3 Objectives
The objective of this study was to compare international environmental law and policy with
existing laws and policy in Papua New Guinea, in order to understand where significant gaps
exist in the current environmental legal framework of PNG.

Specific Objectives:
Specifically, the study was designed to :

10

 1. Review international environmental law and policy under which PNG’s legal framework
is developed.
2. Review environmental legislation and policy in Papua New Guinea in order to identify
areas of divergence from the international framework.
3. Identify impediments and concerns related to effectiveness of the current environmental
law framework in PNG.

Research Questions:
1. What are the existing environmental laws and policy in Papua New Guinea?
2. What areas of existing environmental laws and policy in Papua New Guinea require
improvement?

2.0 LITERATURE REVIEW

2.1 International Environmental Law and Policy

In order to adequately understand the concept of international environmental law, there is a need
to first understand the conceptual difference between national and international law. International
Environmental Law (IEL) is concerned with the control of pollution and the regulation of the
extraction of natural resources within a framework of sustainable development. It is a branch of
public international law - a body of law, created by a global consensus of states, designed to
settle disagreements that arise between states. IEL covers topics such as population, biodiversity,
climate change, ozone depletion, toxic and hazardous substances, air, land, sea and trans-
boundary water pollution, conservation of marine resources, desertification, and nuclear
damage7.

The IEL are used to regulate government activities as they relate to inter-state environmental
issues. According to Guruswamy (2017), the UN Environment Assembly8 was initiated on 23

8
The UN Environment Assembly — although it cannot adopt binding international treaty whereas the treaty
conferences can — can render resolutions that carry certain weight in the context of international environmental

11

June 2014 at the United Nations Environment Programme (UNEP) headquarters in Nairobi.
There are two major declarations in the United Nations’ IEL framework of particular relevance
to this study:

1. The Declaration of the United Nations Conference on the Human Environment (the 1972
Stockholm Declaration) (UN Doc. A/CONF/48/14/REV.1, 1972). This declaration
represented the first major attempt to consider the global human impact on the
environment, and the first international attempt to address the challenge of preserving and
enhancing the human environment. The Stockholm Declaration’s 26 principles espouse
mostly broad environmental policy goals and objectives rather than detailed normative
positions and actions. The UN website provides introductory information, procedural
history and preparatory documents associated with the Declaration, as well as the full text
of the Declaration.

2. The Rio Declaration on Environment and Development (UN Doc. A/CONF.151/26 (vol.
I)) was a short document produced at the 1992 United Nations Conference on
Environment and Development (UNCED), known as the Rio Earth Summit, held on the
20th anniversary of the Stockholm Declaration. The Rio Declaration consists of 27
principles intended to guide future sustainable development around the world.

Another important document, which was adopted by the UNEP’s Governing Body in 2013, is
Decision 27/9, focusing on advancing justice, and improving governance and law for
environmental sustainability. Decision 27/9 represents the first internationally negotiated
document to establish the term ‘environmental rule of law’ (UNEP/GC.27, 2013). Within the
Decision 27/9 document, Governments are invited to reinforce international, regional and sub-
regional cooperation to combat non-compliance with environmental laws. Generally speaking,
environment related declarations are evolving but many are yet to become normative rules.

law. In addition, the United Nations General Assembly resolutions concerning environment are of more weight
than UN Environment Assembly’s, even though neither of them are legally binding.

12

The following table shows a non-exhaustive list of the main international treaties to which PNG
is signatory, and which have a relevant, direct or indirect link to environmental issues in PNG:

Table 2 : International Treaties Signed by Papa New Guinea

International Treaties Year*
Biodiversity Conservation
Cartagena Protocol on Biosafety to the Convention on Biological Diversity 2000
Convention on the Conservation and Management of Highly Migratory Fish 2000
Stocks in the Western and Central Pacific Ocean
Agreement for the Implementation of the Provisions of the United Nations
Convention on the Law of the Sea of 10 December 1982 relating to the 1995
Conservation and Management of Straddling Fish Stocks and Highly Migratory
Fish Stocks
International Plant Protection Convention /
Convention for the protection of the world cultural and natural heritage 1972
Convention on wetlands of international importance especially as waterfowl
1971
habitat
Climate Change
Paris Agreement 2015
Kyoto Protocol to the United Nations Framework Convention on Climate
1997
Change
United Nations Convention to Combat Desertification in those Countries 1994
Experiencing Serious Drought and/or Desertification, Particularly in Africa
United Nations Framework Convention on Climate Change 1992
Montreal Protocol on Substances that Deplete the Ozone Layer 1987
Vienna Convention for the Protection of the Ozone Layer 1985
Natural Resources Management
Agreement on the establishment of the Regional Secretariat of the Coral Triangle 2011
Initiative on coral reefs, fisheries and food security
International Treaty on plant genetic resources for food and agriculture 2001
International Cocoa Agreement /
International Coffee Agreement /
International Tropical Timber Agreement /
International Natural Rubber Agreement /
Constitution of the Association of Natural Rubber Producing Countries 1968
Pollution and Waste Management
Stockholm Convention on Persistent Organic Pollutants 2001
Convention to ban the importation into Forum island countries of hazardous and
1995
radioactive wastes and to control the transboundary movement and management
of hazardous wastes within the South Pacific Region (Waigani Convention)

13

 International Convention on the establishment of an international fund for 1971
compensation for oil pollution damage
Convention on the prohibition of military or any other hostile use of
1976
environmental modification techniques
Convention on the prevention of marine pollution by dumping of wastes and
1972
other matter
International Convention on Civil Liability for Oil Pollution Damage 1969
International Convention relating to intervention on the high seas in cases of oil 1969
pollution casualties
Renewable Energy
Framework Agreement on the establishment of the International Solar Alliance
2016
(ISA)
Regional Initiatives
Agreement establishing the South Pacific Regional Environment Programme 1993
(SPREP)
South Pacific Forum Fisheries Agency Convention 1979
Plant Protection Agreement for the South East Asia and Pacific Region 1956
International Acts
Enhancing adaptive capacity of communities to climate change related floods in
2012-
the North Coast and Islands Region of Papua New Guinea (CCAF,), funded by
2016
the Adaptation Fund.
Building Resilience to Climate Change, which aims to implement the country’s
Strategic Programme for Climate Resilience, funded by the Climate Investment
2015
Fund (CIF). Strategic Programme for Climate Resilience (SPCR) (2012) with the
aim to make PNG’s development investments climate resilient, funded by ADB.
Capacitated, Holistic, and United Response to Climate-change Hazards
2015-
(CHURCH), funded by UNDP. Building a More Disaster and Climate Resilient
17
Transport Sector (2011-2015), funded by the World Bank.
Climate Ready), Pacific regional project funded by US Agency for International 2017-
Development (USAID) 21
Enhancing adaptive capacity of communities to climate change related floods in
2012-
the North Coast and Islands Region of Papua New Guinea (CCAF), funded by
16
the Adaptation Fund.
Building Resilience to Climate Change, which aims to implement the country’s
Strategic Programme for Climate Resilience, funded by the Climate Investment
2015
Fund (CIF). Strategic Programme for Climate Resilience (SPCR) (2012) with the
aim to make PNG’s development investments climate resilient, funded by ADB.
Capacitated, Holistic, and United Response to Climate-change Hazards
2015-
(CHURCH,), funded by UNDP. Building a More Disaster and Climate Resilient
17
Transport Sector (2011-2015), funded by the World Bank.
Climate Ready, Pacific regional project funded by US Agency for International 2017-
Development (USAID) 21
Enhancing adaptive capacity of communities to climate change related floods in
2012-
the North Coast and Islands Region of Papua New Guinea (CCAF,), funded by
16
the Adaptation Fund.

14

 Building Resilience to Climate Change, which aims to implement the country’s
Strategic Programme for Climate Resilience, funded by the Climate Investment
2015
Fund (CIF). Strategic Programme for Climate Resilience (SPCR) (2012) with the
aim to make PNG’s development investments climate resilient, funded by ADB.
Capacitated, Holistic, and United Response to Climate-change Hazards
2011-
(CHURCH, 2015-17), funded by UNDP. Building a More Disaster and Climate
2015
Resilient Transport Sector (2011-2015), funded by the World Bank.
Climate Ready (2017-2021), Pacific regional project funded by US Agency for 2017-
International Development (USAID) 21
Enhancing adaptive capacity of communities to climate change related floods in
2012-
the North Coast and Islands Region of Papua New Guinea (CCAF), funded by
16
the Adaptation Fund.
Building Resilience to Climate Change (2015), which aims to implement the
country’s Strategic Programme for Climate Resilience, funded by the Climate
Investment Fund (CIF). Strategic Programme for Climate Resilience (SPCR) 2012
(2012) with the aim to make PNG’s development investments climate resilient,
funded by ADB.
* “/” means that several amendments have been consecutively signed at different moments.
Source: PACLII and United Nations(2019)9

There are currently several, relevant international policy initiatives, whose main aim is to protect,
improve and preserve the environment, all of which guide PNG’s perspective. Strictly speaking,
most of these international policies, though reflecting regional or international consensus, are not
legally binding. That said, it is paramount that PNG’s legal and technical authorities conduct a
full review of how well PNG’s actions align with these international policies at a national and
local level, and recommend how to best meet their precepts:

a) Sendai Framework for Disaster Risk Reduction (2015–2030).

The Sendai Framework is an international document that was adopted by UN member

states on March 2015 at the World Conference on Disaster Risk Reduction held in
Sendai, Japan. The framework was endorsed by the UN General Assembly in June
2015. It is the successor agreement to the Hyogo Framework for Action (2005–2015),
which had been the most encompassing international accord to date on disaster risk

9
http://www.paclii.org/pits/en/country/Papua_New_Guinea.shtml and
https://treaties.un.org/Pages/UNTSOnline.aspx?id=3

15

 reduction. That said, the Sendai Framework, legally speaking, is not a treaty but
rather a non-binding framework endorsed by a resolution passed by the UN General
Assembly.

The Sendai document emerged from three years of discussion, assisted by the United
Nations International Strategy for Disaster Reduction, during which UN member
states, NGOs, and other stakeholders made calls for an improved version of the
existing Hyogo Framework. The Sendai Framework emerged with a set of common
standards, a comprehensive framework with achievable targets, and a legally robust
instrument for disaster risk reduction. Member states emphasized the need to tackle
disaster risk reduction, and the need to develop strategies for climate change
adaptation when setting the Sustainable Development Goals. Development of these
adaptation strategies required particular emphasis, given the insufficient focus on risk
reduction and resilience in the original Millennium Development Goals.

The Sendai Framework sets four specific priorities for action:

1. Understanding disaster risk;
2. Strengthening disaster risk governance to manage disaster risk ;
3. Investing in disaster risk reduction in order to increase resilience;
4. Enhancing disaster preparedness for effective response, including "Build
Back Better" preparedness for recovery, rehabilitation and reconstruction.

To support the monitoring and assessment of global progress in achieving the goals of the Sendai
Framework, agreement has been reached on seven global targets:

1. Substantially reduce global disaster mortality by 2030, aiming to lower

average per 100,000 global mortality rates between the years 2020-2030
compared to 2005-2015;
2. Substantially reduce the number of people affected by disaster globally by
the year 2030, aiming to lower the average global figure per 100,000
between 2020-2030 compared to 2005-2015;

16

 3. Reduce direct disaster economic loss in relation to global gross domestic
product by 2030;
4. Substantially reduce risk of disaster damage to critical infrastructure and
disruption of basic services, including damage to health and educational
facilities, by incorporating greater resilience in the construction of these
facilities by 2030;
5. Substantially increase the number of countries with national and local
disaster risk reduction strategies by 2020;
6. Substantially enhance international cooperation aimed at providing
developing countries with more adequate and sustainable support to
complement their own national actions for implementation of the
framework by 2030;
7. Substantially increase public availability of, and access to multi-hazard
early warning systems, disaster risk information and damage assessments
by 2030.

b) 2030 Agenda and the Sustainable Development Goals (SDGs).

A collection of 17 global “Sustainable Development Goals (SDG)” was set in place by the
United Nations General Assembly in 2015 for the year 2030. The SDG’s are part of Resolution
70/1 of the United Nations General Assembly 2030 Agenda.10 The Sustainable Development
Goals most relevant to environmental issues are the following (eleven of a total of seventeen):
1. No Poverty
3. Good Health and Well-being
6. Clean Water and Sanitation
7. Affordable and Clean Energy
9. Industry, Innovation, and Infrastructure
11. Sustainable Cities and Communities

10
Again, it is noteworthy to point out that the Sustainable Development Goals, as a framework, is not legally
binding upon the UN members. The SDGs, legally speaking, is a non-binding framework endorsed by UN General
Assembly Resolution.

17

 12. Responsible Consumption and Production
13. Climate Action
14. Life Below Water
15. Life On Land
17. Partnerships for the Goals

c) Territorial Approach to Climate Change (TACC) The UN TACC partnership is

mandated to work with local level governments (states, provinces, cities,
municipalities) within developing countries and countries in transition, with a goal of
increasing resilience to the impacts of climate change, and reducing carbon footprints.
The TACC is a partnership of five agencies that includes UNEP, UNDP, UNITAR,
UN-Habitat and UNCDF.

TACC came into existence as a global action after the Saint Malo Declaration. Sub-
national authorities recognized that urgent and collective action was required to
respond appropriately to climate change. The United Nations recognized that most
investments aimed at reducing Greenhouse Gas emissions while facilitating
adaptation to climate change take place at the sub-national and local levels.
Developing the capacity of sub-national governments in low-income countries to
create conditions that reduce investments risks and increase access to new sources of
environmental finance was seen as key to addressing climate change. Among TACC
main objectives:

• Develop partnerships involving UN specialized agencies, national and sub-

national governments, Centres of Excellence and regional technical institutions, and
the private sector;
• Make available and share with regions and cities, methodologies, tools and best
practices for long-term climate change participatory planning;
• Provide regions with information about climate change challenges and
opportunities for technical and financial solutions;

18

 • Provide technical support for up to 20 regions in the preparation of regional
climate change plans, including identification of priority mitigation and adaptation
measures; and
• Provide technical support for up to 20 regions to identify policy and financing
instruments to implement high priority climate change measures

The TACC Program is composed of the following phases:

Phase 1 - Awareness raising and training - led by the United Nations Environment
Programme (UNEP);
Phase 2 - Analysis, assessment and development of an action plan - led by the
United Nations Development Programme (UNDP);
Phase 3 - Projects - also led by the United Nations Development Programme
(UNDP). Initial projects under TACC were conducted in Uganda, Uruguay (the
pilot project), Albania, Algeria, Colombia, Ethiopia, Peru and Senegal.

d) The Global Pact for the Environment

In order to close existing gaps in international environmental law, the French
government, in 2017, proposed an initial tool for the world to move towards adopting
a legally binding international instrument. That said, the Global Pact for the
Environment remains currently at the proposal stage, and enforceable rules are still
being negotiated.

e) The Satoyama Development Mechanism (SDM)

Satoyama Development Mechanism is an IPSI collaborative activity established by
the Institute for Global Environmental Strategies (IGES), the United Nations
University Institute for the Advanced Study of Sustainability (UNU-IAS), and the
Ministry of the Environment of Japan (MOEJ) aimed at facilitating further
international implementation of activities that support the Satoyama Initiative.

The objectives of the SDM are to:

19

 - Promote the development of model practices for living in harmony with nature
through sustainable use of Socio-ecological production landscapes and seascapes
(SEPLS), and contribution to the Aichi Biodiversity Targets
- Promote the implementation of activities under the IPSI (International
Partnership of Satoyama Initiative) Strategy and the IPSI Plan of Action 2013-
2020
- Provide an incentive for IPSI members to strengthen partnerships and to
generate a knock-on effect resulting from joint activities for the sustainable use of
SEPLS

Chart 1: Satoyama Initiative Scheme

Source: https://www.env.go.jp/nature/satoyama/syuhourei/practices_en.html

In order to release the full potential of these international environmental initiatives, the UN
suggests seven key elements in building more effective environmental institutions. The key

20

elements are: clear and appropriate mandates; coordination across sectors and institutions;
capacity of personnel and institutions; collection, use and dissemination of reliable data;
independent audit and review mechanisms; fair and consistent enforcement of law; strong
leadership and management skills (UNEP, 2019). Source: UNEP (2019). Environmental Rule of
Law: First Global Report.

2.2 Existing Environmental Law and Policy in Papua New Guinea

National Law is a legal framework, adopted by the government of a sovereign country, designed
to clearly delineate responsibility across regions and organizations, particularly as those
responsibilities relate to the enforcement of domestic law. Moreover, it is important that national
laws can be easily implemented and adapted to the national context, which means that the
approaches should be effective in the particular institutional, socio-cultural, and economic
context of the country (UNEP, 2019).

Papua New Guinea’s legal framework is composed of the Constitution, Organic laws, ordinary
statutes and customs. The supreme law of Papua New Guinea is composed of the Constitution
and Organic laws (Art. 11). Organic laws are laws passed by the National Parliament and are
above the status of an ordinary Act of Parliament, and can only be changed or repealed in
accordance with the relevant procedures in the Constitution. Customary laws, comprised of
intrinsic rules of conduct, practices and beliefs, continue to operate in PNG (SPREP, 2018). The
PNG Constitution was established and adopted in 1975 when global environmental policy and
protection first started to echo in the international agenda. Thus, the nation continues to ask of
itself:
• “Is the 1975 Constitution sufficient in these changing times?”;
• “What could the country do in order to improve its legal backup?”;
• “Which countries have a well-focused environmental policy?”.

21

First of all, legislators might consider modifying the Constitution to include a more far-reaching
and visionary direction with respect to environmental law. The Constitution of Bhutan (art. 5)11
provides good examples of effective environmental law, as it adopts a concise and structured list
of duties, responsibilities and direct actions expected of every citizen (awareness raising, citizen
involvement and educating) in support of Government efforts to develop efficient environmental
policy (recovering forest areas, carbon negative initiatives, sustainable development, etc.). The
Bhutan Constitution may provide an appropriate template for re-focusing and re-starting PNG
environmental law.

Assuming a goal of increasing participation and inclusivity of all socio-political spheres in the
formulation and implementation of environmental law, a constitutional referendum should be
held in order to empower the central government with a mandate for altering the Constitution
(articles 13, 14 and 15) and other Organic Law. The mandate should include the power to
provide greater environmental protection and sensitivity. Environmental Law needs to be
formulated and developed as a fundamental way to legislate and promote actions and activities,
aimed at protecting PNG’s valuable but threatened environment. As Bhutan’s Constitution article
5 (Environment) 12 demonstrates, a more comprehensive framework of law is possible and

11
1.Every Bhutanese is a trustee of the Kingdom’s natural resources and environment for the benefit of the present
and future generations and it is the fundamental duty of every citizen to contribute to the protection of the natural
environment, conservation of the rich biodiversity of Bhutan and prevention of all forms of ecological degradation
including noise, visual and physical pollution through the adoption and support of environment friendly practices
and policies.2.The Royal Government shall: (a) Protect conserve and improve the pristine environment and
safeguard the biodiversity of the country; (b) Prevent pollution and ecological degradation; (c) Secure ecologically
balanced sustainable development while promoting justifiable economic and social development; and (d) Ensure a
safe and healthy environment. 3. The Government shall ensure that, in order to conserve the country’s natural
resources and to prevent degradation of the ecosystem, a minimum of sixty percent
12

1.Every Bhutanese is a trustee of the Kingdom’s natural resources and environment for the benefit of the present
and future generations and it is the fundamental duty of every citizen to contribute to the protection of the natural
environment, conservation of the rich biodiversity of Bhutan and prevention of all forms of ecological degradation
including noise, visual and physical pollution through the adoption and support of environment friendly practices
and policies

.2.The Royal Government shall: (a) Protect conserve and improve the pristine environment and safeguard the
biodiversity of the country; (b) Prevent pollution and ecological degradation; (c) Secure ecologically balanced
sustainable development while promoting justifiable economic and social development; and (d) Ensure a safe and
healthy environment. 3. The Government shall ensure that, in order to conserve the country’s natural resources and

22

advisable in order to better articulate governmental and personal responsibilities for maintenance
of PNG’s wondrous but fragile ecology and environment.

The PNG Constitution should establish a list of National Government responsibilities with
respect to the environment. Article 5.4 of the Bhutan Constitution establishes the primacy of
parliament to create environmental law designed to ensure sustainable use of natural resources,
and to ensure maintenance and protection of the state’s biological resources: “Parliament may
enact environmental legislation to ensure sustainable use of natural resources and maintain
intergenerational equity and reaffirm the sovereign rights of the State over its own biological
resources” (art 5.4 Bhutan Constitution).13

PNG Environmental Law is one of the world’s most complicated environmental frameworks,
and proposals for simplification and improvement are stalled. At self-government in 1973, a
ministry of Lands and Environment was established, but there was no well-articulated
environmental policy. A separate ministry for Environment and Conservation was established in
1974, supported by the Office of Environment and Conservation (OEC) (Mowbray and
Duguman, 2009). The OEC was renamed the Department of Environment and Conservation
(DEC) in 1985. Following Papua New Guinea’s independence in 1975, a set of Environment and
Conservation Principles was accepted by the National Parliament. Important aspects included
environmental responsibilities, and environmental education and awareness. By the end of the
1980s, parliament had passed a number of legislative measures directly or indirectly related to
the environment and conservation (Yaru and Bulina, 2005). By the end of the 20th century, the
legal foundations had been created to facilitate a second wave of more ambitious regulations
from 2000 to date.

to prevent degradation of the ecosystem, a minimum of sixty percent of Bhutan’s total land shall be maintained
under forest cover for all time.4.Parliament may enact environmental legislation to ensure sustainable use of
natural resources and maintain intergenerational equity and reaffirm the sovereign rights ofthe State over its own
biological resources.5.Parliament may, by law, declare any part of the country to bea National Park, Wildlife
Reserve, Nature Reserve, Protected Forest, Biosphere Reserve, Critical Watershed and such other categories
meriting protection.
13
In terms of comparative study with PNG’s legal framework, oftentimes, references are made to Article 9 of the
Constitution of the Islamic Republic of Pakistan where the article was invoked as the legal basis upon which a
Pakistan farmer’s claims of failure to enforce climate change action against the national government is grounded.
See Leghari v. Federation of Pakistan, available at http://climatecasechart.com/non-us-case/ashgar-leghari-v-
federation-of-pakistan/?cn-reloaded=1, accessed October 7, 2019.

23

As seen in Table 2, PNG has signed multiple international environmental agreements and
treaties, including: United Nations Framework Convention on Climate Change (UNFCCC),
United Nations Convention on Combating Desertification (UNCCD); United Nations
Convention on Biodiversity (CBD); Strategic Plan for Biodiversity 2010 -2020; Programme of
Work on Protected Areas (PowPA); Nagoya Protocol on Access to Genetic Resources and the
Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) under the
Convention on Biological Diversity; Convention on Wetlands of International Importance (The
Ramsar Convention on Wetlands); Convention Concerning the Protection of the World Cultural
and Natural Heritage (World Heritage Convention); Convention on the Protection of Natural
Resources and Environment of the South Pacific Region (PNRESP); Coral Triangle Initiative on
Coral Reefs, Fisheries and Food Security (CTI). The country’s environmental commitments are
therefore significant, and efforts have been made at the national level to transpose and adopt
them in local legislation.

Important legislation passed between 1966 and 1982, directly under the Ministry and Department
of Environment and Conservation, included: the Environmental Planning Act, 1978;
Environmental Contaminants Act, 1978; Conservation Areas Act, 1978; Water Resources Act,
1982; Fauna (Protection and Control) Act, 1966; International Trade (Flora and Fauna) Act,
1979; and National Parks Act, 1982 (Mowbray and Duguman, 2009)

The following table gathers the most important legislative texts enacted in PNG during the
second half of the 20th century These acts demonstrate that the country’s traditional legislators
were sensitive to the need to initiate efforts to regulate environment-related activities. Today, the
majority of these acts continue to contribute to the achievement of the national environmental
management objectives.

Biodiversity Conservation
Animal Disease and Control Act 1952
Conservation Areas Act 1978
Crocodile Trade (Protection) Act 1974
Fauna (Protection and Control) Act 1966

24

 National Parks Act 1982
Plant Disease and Control Act 1953
Disaster Management
Disaster Management Act 1984
Environmental Law
Environmental Contaminants Act 1978
Environmental Planning Act 1978
Land
Land (Ownership of Freeholds) Act 1976
Land (Tenure Conversion) Act 1963
Land Groups Incorporation Act 1974
Land Registration Act 1981
Lands Act 1996
Lands Dispute Settlement Act 1975
National Land Registration Act 1977
Natural Resources Management
Forestry Act 1991
International Trade (Fauna and Flora) Act 1979
Mining Act 1992
Mining Development Act 1955
National Agriculture and Inspection Authority Act 1997
Oil and Gas Act 1998
Petroleum (Submerged Lands) Act 1967
Water Pollution and Waste Water Management
National Capital District Water Supply and Sewerage Act 1996
National Water Supply and Sewerage Act 1986
Public Health Act 1973
Summary Offences Act 1977
Water Resources Management
Fisheries (Torres Strait Protected Zone) Act 1979
Fisheries Management Act 1998
National Seas Act 1977
Water Resources Act 1982
Table 3: PNG environmental legislative activity in the 20th century.
Source: SPREP (2018), Mowbray and Duguman (2009) and PACLII.

In the 21st century, the PNG government has regained momentum toward improving the
regulatory framework required to ensure more environmentally sustainable development. Such

25

improvement is evidenced in the country’s slight improvement in the EPI 2018 (as seen above).
The enactment of the Environment Act in 2000, together with the recent Climate Change
(Management) Act14, 2015, and the United Nations Paris Agreement (Implementation) Act, 2016,
are good examples of this progress.15 The following table shows some of PNG most important
legal texts enacted in the last 20 years.

Biodiversity Conservation
Conservation and Environment Protection Authority Act 2014
Climate Change
Climate Change (Management) Act 2015
United Nations Paris Agreement (Implementation) Act 2016
Environmental Law
Environment Act 2000
Natural Resources Management
Mineral Resources Authority Act 2005
Unconventional Hydrocarbons Act 2015
Water Pollution and Waste Water Management
Marine Pollution (Ballast Water Control) Act 2013
Marine Pollution (Liability and Cost Recovery) Act 2013
Marine Pollution (Preparedness and Response) Act 2013
Marine Pollution (Sea Dumping) Act 2013
Marine Pollution (Ships and Installations) Act 2013
Table 4: PNG legislative activity in the 21st century.
Source: SPREP, 2018, and PACLII.

Still there is enormous pressure from the Government to increase the pace of economic
development, albeit with a one-sided tunnel-visioned approach that can be observed in the
Cabinet’s approval of “Guidelines for Agro Development”. This act clearly specifies that

14

https://www4.unfccc.int/sites/ndcstaging/PublishedDocuments/Papua%20New%20Guinea%20First/PNG%20Climat
e%20Change%20Management%20Act%202015.pdf
15
PNG is a signatory to the Paris Agreement. In 2015, it introduced the Climate Change (Management) Act and in
2016 the United Nations Paris Agreement Act, both paving the way for adaptation planning in the country.
Vulnerability assessments for the entire country were conducted in 2000 and 2014, through its Initial and Second
National Communications to the UNFCCC. Through the Adaptation Fund project (CCAF), UNDP further
commissioned detailed assessments for five pilot provinces that includes community risk assessment,
province/district hazard-vulnerability-risk assessment and composite risk assessment.

26

‘agriculture projects will comply with the existing laws (Forestry, Investment, Environment
Acts) except where provisions affect the pace of development’ (FAO, 2012). However, PNG’s
international commitments under the 2030 Agenda, as entrenched in the most recent national
environmental law, and the norms and policies to come, are expected to provide the country with
a resourceful toolkit for ensuring more environmentally-friendly economic development that will
more readily adapt to, and mitigate the effects of climate change.

At the public policy level, 2015 was an important year in PNG. Following the United Nations
Climate Change Conference (COP21) held in Paris, at which the Paris Agreement was adopted,
PNG national authorities addressed climate change with a renewed vigour, leading to a medium
to long-term policy framework for the recently passed Climate Change Acts. Among main policy
papers are: National Energy Policy 2016-2020 (2015) 16 and Water, Sanitation and Hygiene
Policy (2015)17.

The country’s Medium Term Development Plan III 2018-2022 (2018)18 is also a relevant policy
document, as it establishes a goal to “promote environmental sustainability”. However, an
environmental perspective is missing in the chapters related to regulation of land, mining and
petroleum. Apparently, this is because environment and climate change are addressed separately.
The plan includes logical frameworks (logframes) for development including an ‘Environment
Logframe’ that outlines the following sector strategy components:

• Improve biodiversity conservation for the purposes of tourism and also for protecting and
maintaining PNG’s diverse flora and fauna;
• Enforce the implementation of principles prescribed by StaRS to protect the environment
by shifting to polluters to internalise environmental cost through setting standards for
penalties and fees;
• Improve compliance of industry and municipalities with waste management regulations;

16
http://prdrse4all.spc.int/system/files/national_energy_policy_19.07.2015v5_final_png.pdf
17
https://png-data.sprep.org/dataset/papua-new-guinea-water-sanitation-and-hygiene-wash-policy-2015
18

http://www.planning.gov.pg/images/dnpm/pdf/latest_pub/MTDP%20III%20Book%202_Final%20Proof(Web)_com
pressed.pdf

27

 • Improve monitoring and reporting of environmental issues and trends;
• Promote sustainable uses of the natural assets in forestry, marine, minerals, and bio-
diversity;
• Support human capital development (…) to transition to sustainable development modes
of growth.

Sector strategies in the “Climate Change Logframe” include in part:

• Improved systems and inventories to monitor GHG emissions and account for carbon
emissions;
• Improved climate change legislative frameworks, policies, regulations and standards;
• Enhance development of clean and renewable energy and energy efficiency;
• Ensuring that regulatory standards/strategies focus on outcomes; Etc.

In the coming years, PNG legislators and policymakers are expected to focus on, inter alia:
developing a polluter pay legislation; monitoring and ensuring compliance of a ban of plastic
bags; improving national capacities for integrated data on the monitoring of protected areas;
developing a national GHG inventory and carbon accounting system; developing infrastructure
climate proofing regulation.

Local governments also play an important role in Papua New Guinea’s environmental
management goals, e.g. development of community plans for environmental management. PNG
territory is divided by the Organic Law on Provincial Boundaries, 1998, into 19 provinces. The
Local Government Act (Chapter 57), mandates Local Councils to be competent and involved in
the regulation of: public places and lands, including customary lands; sanitation; supply of water,
light and power; water conservation; flood prevention; agricultural, pastoral, horticultural and
forestry industries.

In January 2006, through funding from the Global Environment Facility (GEF), the Papua New
Guinea government, working with Columbia University and local Papua New Guinea

28

stakeholders, initiated a strategy to implement Goal 7 of the Millennium Development Goals —
‘ensure environmental sustainability’ (Melnicket al. 2005).

There are various governmental departments in Papua New Guinea responsible for aspects of the
environment including: the Department of Environment and Conservation (DEC), which is
responsible for environmental assessments, monitoring and enforcement; and the Department of
Mining and Petroleum, which is responsible for monitoring mining operations and environmental
safeguards. The Department of Foreign Affairs and Trade, and the DEC are responsible for the
implementation and discussion of international treaties. The National Fisheries Authority (NFA)
is responsible for the management and conservation of fish stocks and stock assessment. The
NFA cooperates with the DEC to enforce environmental legislation of mutual concern, such as
the Dumping of Wastes at Sea Act. The National Forest Authority and the Department of
Agriculture and Livestock (DAL) are respectively responsible for forest management and
commercial/subsistence agriculture, while the Ministry of Law and Order is responsible for
enforcing environmental legislation, including the arrest, prosecution and detention of offenders.
(Japan International Cooperation Agency, 2002).

The Environmental Impact Assessment (EIA) process in Papua New Guinea has been developed
to ensure proper environmental planning of new projects and expansion of existing projects. The
procedures and guidelines for EIA in Papua New Guinea were developed in accordance with
government policy statements contained in the Fourth National Goal and Directive Principles of
the Papua New Guinea Constitution (Japan International Cooperation Agency, 2002). EIA seeks
to prevent errors and flaws in design that can result in costly environmental losses, and to
identify impacts that require mitigation measures that are required to make projects more
environmentally friendly and acceptable to the Government and to the Community.

2.2.1 The Environmental Planning Act (EPA)

The Environmental Planning Act (1978) outlined and initiated the PNG Environmental Impact
assessment (EIA) process. Certain projects, policies or programs that may significantly impact
the environment, require EIA approval. This approval is requested by the developer or project

29

manager in a submission to the National Executive Council of the Department of Environment
and Conservation (DEC) in the form of an environmental plan. The Department assesses the
environmental plan and makes recommendations to the Minister of the Department of
Environment and Conservation regarding pro or con ministerial approval. The Act has been
criticized for its lack of public involvement in the decision making process. However, it has been
applauded for its strength in identifying potential environmental impacts, and for its mandate to
require appropriate mitigation measures to avert or reduce impacts.

In the implementation of The Environmental Planning Act, the Department of Environment and
Conservation has been criticized for its lack of resources to sufficiently monitor compliance with
conditions of approval and ongoing obligations. As a result, projects; especially in remote areas
have fallen short of satisfactory compliance with conditions of approval and ongoing obligations,
subsequently resulting in negative environmental and socio-economic impacts.

2.2.2 The Environmental Contaminants Act (ECA)

The Environmental Contaminant Act deals with the regulation and control of pollutants, with a
goal of providing environmental protection. In addition, the Act contains requirements for the
licensing of the release of environmental pollutants, control of noise levels, and requirements for
the issuance of permits for the release, sale, and manufacture of hazardous environmental
contaminants.

There are two major sections of the Act. The first outlines provisions for the appointment of
environmental analysts and enforcement officers by the Minister of Environment and
Conservation. The second concerns the appointment of an Environmental Contaminants
Advisory Council, which advises the Minister on matters relevant to specific violations, prior to
any enforcement action being taken. Since the inception of the Act in 1978, no Environmental
Contaminants Advisory Council has ever been officially assembled. This has impaired
implementation of the Act, with the consequence that no legal action has ever been initiated
under the Act.

2.2.3 The Water Resources Act (WRA)

30

The Water Resources Act is concerned with the wise use, protection and management of the
country’s natural waters. In addition, the Act focuses on water use planning and allocation issues
such as damning, diversion, abstraction, flooding, and the right to discharge waste under
recommended and prescribed terms and conditions. In PNG, the use of water, other than for
traditional use, domestic use, or use in firefighting, requires the user to obtain a Water Use
Permit.

2.2.4 The New Integrated Environment Act

Given overlaps and gaps within the EPA, ECA and WRA, and given inadequate monitoring and
regulatory capacity within the bureaucracy of the DEC itself, the department revised its
regulatory framework in the mid 1990’s. The framework burgeoned into an integrated and more
efficient regulatory system designed to lower some of the regulatory demands, and to initiate a
“self-regulatory” process for projects with minimal threat to the environment. This gave rise to
the New Environment Act of 2000.

The New Environment Act (2000), was a fusion of the Environmental Planning Act and the
Water Resources Act. It offers a wide spectrum of environmental tools and economic
instruments for cost effective regulation. The regulatory process of the New Environment Act
(2000) is based on three levels of projects. At the first level, projects that pose minimal
environmental impact are regulated based on a fixed set of environmentally acceptable standards
and limits. At the second level, activities that demand approvals or permits for the discharge of
waste into water bodies, or involve the sale and use of contaminants that are environmentally
unfriendly are regulated using standards established in environmental improvement plans,
environmental permits and environmental management programs. Lastly, large-scale programs
or projects with significant environmental impact are required to undergo sequential and full
Environmental Impact Assessment including a public hearing on the proposed environmental
plan.

2.2.5 Conservation Legislation

Papa New Guinea has three conservation acts. The Conservation Areas Act, The National Parks
Act, and The Fauna (Protection and Control) Act. According to Saulei et al (2002), these fully

31

legislated acts have been far from effective due to a lack of proper implementation and
enforcement.

The Department of Environment and Conservation is currently developing a National

Biodiversity Conservation Policy for Forest (Department of Environment and Conservation,
2002c). The proposed document would define conservation priorities for the legislation and
management systems. In addition, the policy would serve to give further clarification of the role
and responsibilities of government with respect to issues pertinent to conservation. Furthermore,
it would provide the template for developing a Biodiversity National Strategy and an Action Plan
that would set out the government’s conservation obligations and objectives.

2.3 UN-REDD+ Programme in Papua New Guinea

The UN-REDD+ Programme is the United Nations collaborative initiative on Reducing
Emissions from Deforestation and forest Degradation (REDD+) in developing countries. The
REDD+ Programme seeks to promote conservation and enhancement of forest carbon stocks,
and to encourage sustainable forest management. The UN-REDD+ Programme contributes to
nation-led REDD+ processes and promotes the informed participation of all stakeholders in its
implementation.

Papa New Guinea’s complex political system is likely to have significant implications for the
steady development of REDD+ policies and strategies. REDD+ has become highly politicized in
PNG and policy processes have already been affected by changes in government, relevant
ministers and senior bureaucrats.

Prior to determining advanced concepts such as state of the art best practices, potential impacts
and lines of action, it is mandatory to define what is understood as “forest” in both the
international and national contexts.

Under the IPCC 2003 Good Practices Guidelines (GPG), the term “forest” includes: “All land
with woody vegetation consistent with thresholds used to define forest land in the national
GHG inventory, subdivided into managed and unmanaged, and also subdivided by ecosystem

32

type as specified in the IPCC Guidelines. It also includes ecosystems with vegetation that
currently falls below, but is expected to exceed, the threshold of the forest land category. ”

The 2006 Guidelines make reference to threshold values for the forestland definition. This
reference indicates that the IPCC anticipates that countries will individually define their
respective forests with quantitative thresholds.

Under this protocol, PNG’s national forest definition is: “land spanning more than 1 hectare,
with trees higher than 3 meters and a canopy cover of more than 10 percent (%)”. This excludes
land that is predominantly under agricultural or urban land use. This national definition of
“forest” was endorsed by the PNG National Executive Council in Decision#256 of Meeting
#07/2014. This national definition is slightly different from the definition that was reported to
FAO’s FRA 2015:
“Land spanning more than 0.5 hectares, with trees higher than 5 meters and a canopy cover of
more than 10 percent, or with trees able to reach these thresholds in situ. It does not include land
that is predominantly under agricultural or urban land use“.

Such slight areal differences do not apply to areas assessed using the remote sensing
technologies that are currently used for national scale forest inventory assessment in PNG.
Forestland in PNG is classified into Natural and Plantation forest, and further subdivided based
on vegetation and plantation types. Vegetation type is classified based on the structural formation
as described in PNG Resource Information System (PNGRIS) Publication No.4 (Hammermaster
and Saunders, 1995). There are 12 natural vegetation/forest types within PNG forests. Montane
coniferous forest is included as a vegetation type due to its high conservation value. It is
paramount to keep in mind that PNG has the third largest Rainforest reserve in the world after
the Amazon and Congo Basins.

In PNG, The REDD+ activities covered are: Deforestation, Forest degradation and Carbon stock
enhancement. The REDD+ activities not currently covered are; Sustainable management of
forest and Conservation of carbon stocks. The paradox presented by simultaneously seeking to
enhance carbon stocks while not promoting conservation of carbon stocks is problematic.

33

The drawbacks of altering and lowering the area and quality of rainforest, beyond the decay of a
significant amount of endemic flora and fauna, are that more than 80% of the population of PNG
live in rural areas, and more than 70% of households are dependent on subsistence agriculture,
which accounts for nearly 30% of the GDP. As a result, most of PNG’s population is vulnerable
to climate variability and change. The sustainable management of forest, and the conservation of
carbon stocks both ensure the accumulation of carbon in existing forests, especially forests
managed through sustainable harvesting practices. There are no data currently available that
would facilitate inclusion of estimates of carbon sequestration, but PNG has indicated plans to
include them in future improvements to the FRL.

Statistics provided by the GoPNG to the FAO suggest annual deforestation rates of 0.5%,
However, Shearman et al (2008) measured forest cover change in PNG over the period 1972–
2002 and found an annual rate of deforestation and forest degradation of 1.41%. While the
country retains significant forest cover, there is a considerable threat of deforestation. The
precarious relative position of a country like PNG on the forest transition curve is likely to have
important implications for the design and implementation of appropriate REDD+ policies
(Angelsen and Rudel 2013). Almost all of PNG’s forests (99%) are owned by customary
landowners (groups or individuals with customary rights to land and resources). The term covers
resource rights, as well as land rights, and masks the distinction between group ownership rights
and individual use rights (Fingleton 1993: 43, cited in Taylor 1997).

In addition to the compilation of better data and statistics, in terms of better implementation of
REDD+ in PNG, it is worthwhile to consider improvements to the effectiveness of the Result-
Based Payment (RBP) scheme under REDD+. At the heart of REDD+ is the provision of RBP,
which serves as monetary incentive to reduce emissions. To ensure that the RBP scheme is able
to fully realize its potential to help reduce emissions, there are two crucial aspects on which
relevant stakeholders must focus: transparency, and equity.

a) Transparency. Transparency would help ensure the reliability of the RBP scheme, and would
help deter corruption and/or bribery for the purpose of receiving incommensurate RBP. In order

34

to ensure robust RBP access, PNG already has a National Forest Monitoring System (“NFMS”)
in place to monitor and assess the effectiveness of enforcement of emission-reduction policies.
But measures are needed to ensure that the NFMS itself will accurately compile all information
on PNG’s emission reductions resulting from abatement of deforestation and deceleration of
forest degradation. Such an information platform, as maintained by NFMS, would serve as a tool
to increase the awareness of how the REDD+ process is implemented in PNG, and would serve
to ensure that RBPs are being paid, commensurate with the actual positive result being achieved
in the country.

b) Equity. The concept of “transparency”, outlined above, serves as a vehicle to achieve

“equitable” RBP. Specifically, in the context of RBP, “equitable” means that the RBP being paid
proportionate to the actual positive result being achieved by PNG. The monetary incentive lying
at the heart of RBP is to ensure that every penny being paid is worth the value received. In that
vein, a transparent RBP scheme implicitly invites public monitoring to ensure an equitable RBP
scheme.

2.4 Review of direct and underlying drivers of deforestation and forest degradation

The following terms and points are drawn from the paper “The Context of REDD+ in Papua
New Guinea Drivers, agents and institutions” by Andrea Babon and Gae Yansom Gowae.

On one hand, direct drivers of deforestation and forest degradation are; commercial logging,
small holder/subsistence agriculture, plantations/large-scale agriculture, fire and mining. On the
other hand, underlying drivers are: national development goals and a natural resource-reliant
economy; population growth and low socio-economic indicators; and poor forest governance and
land use planning.

Hazards regularly faced in PNG include floods, droughts and landslides, all of which frequently
lead to food insecurity, and which can increase the prevalence of water-borne diseases. The
island has an abundance of natural resources, including gold, copper, oil and natural gas. As a
result, almost two-thirds of PNG’s export earnings are obtained through mining. Given these

35

realities, a UN supported reassessment of all factors is required in order to find a way to sustain
the national economy while simultaneously supporting implementation of the REDD+ plan.

Fires, floods and landslides are issues that can result from volcanic activity and other natural
causes. Such disasters can be effectively decreased in impact through appropriate national
organic law, adapted to regional and local government situations. Japan is one of the countries
most experienced in natural disaster management. The NIED-BOSAI (National Research
Institute for Earth Science and Disaster Resilience) in Japan has developed a vast amount of
documentation about earthquake, tsunami, volcanoes, wildfires (FAO; Fire situation in Japan),
floods, etc. The NIED-BOSAI policy would provide a staple starting point for disaster policy in
PNG, given the large number of factors the two countries share (island geography, vast forest
and rural area, volcanic activity, etc.). Integration of Army and Protection Forces, especially with
respect to ground and air patrolling, could enhance the post disaster performance and disaster
prevention levels dramatically.

Despite commonly cited figures suggesting that anywhere from 70% to 90% of logging in PNG
may be illegal (The World Bank 2006, Greenpeace 2008), the extent of illegal logging in PNG
depends on the definition that is used (ITTO 2007). Further amendments to the Forestry Act
were made in 2007 to avoid these stricter conditions, and to enable what became known as
Forest Clearance Authorities (FCA). The FCA’s allowed forest clearance for all purposes, and
are now used extensively on land that has been granted a Special Agricultural Business Lease
(SABL). In the past decade, no new Forest Management Agreements (FMA) have been approved
but there is increasing evidence that logging companies are avoiding the entire FMA process and
are instead using SABLs and the less rigorous FCA process as a ‘back door’ to facilitate ill-
advised logging.

Nonetheless, there is significant ambiguity in the regulation of resource acquisition and

allocation, bound together with structural and staffing weaknesses within key government
agencies responsible for forest management. The nature of illegal logging in PNG can be
summed up by the conclusion of the 2007 ITTO review, which found that, while PNG’s forest
laws are generally strong, the GoPNG lacks the capacity and willingness to monitor and enforce

36

its own laws. Since this statement was made there has been little evidence of significant reform
of forest governance in PNG (Laurance et al. 2011).

2.5 National Adaptation Plan (NAP) process.

The NAP process in PNG has been supported by a range of development partners, including
GEF-funded NAP-GSP, the Asian Development Bank’s Building Resilience to Climate Change
programme, and USAID’s Climate Ready Project.

There is a lack of government will and priorities to address climate change in the country’s
Medium-Term Development Plans. PNG also faces a lack of technical capacity to perform
necessary monitoring, assessments and analyses, to inform medium- to long-term adaptation
budgeting and planning. This is exacerbated by lack of human resources at the sub-national level
stemming from a lack of budgetary allocations commensurate with the needs of the country.

PNG’s Development Plan provides an opportunity to integrate adaptation into development

planning, including adaptation priorities identified through the Climate Change Act. It also
provides an opportunity to support mainstreaming of adaptation concerns expressed across
sectors and various levels of consulting.

It is essential to provide incentives to leverage private sector engagement in climate change

adaptation interventions, such as disaster and weather-related insurance schemes and projects for
the dissemination of climate data. Neighbouring country Palau has implemented tariffs on air-
tickets and implemented other schemes for biosphere preservation. Such schemes could be
replicated in PNG.

Beyond private sector engagement, local communities, indigenous tribal people, and other
relevant stakeholders are also important in formulating an NAP in PNG. In terms of how
indigenous tribal communities and/or indigenous tribal people could contribute to the NAP in
PNG, significant attention is being paid to the traditional knowledge held by indigenous people
(“ITK”). Given that indigenous people have learned to co-exist with the ecosystem that harbors

37

and supports them, ITK is applicable to the reduction of vulnerability of the country to the
impacts of climate change. Traditional knowledge empowers indigenous people to live
peacefully in harmony with nature. Therefore, traditional knowledge and climate science are
both critically important to inform national and local adaptation policies designed to improve the
resilience of the social, spiritual and physical infrastructure of rural and urban communities in
order that they are empowered to better cope with climate change.

First and foremost, it would be helpful to shed some light on what are the definitions for
“indigenous people” and ITK on the international plane. Although there is no single binding
internationally agreed definition for “indigenous people,” several factors are offered to help
identify indigenous groupings: (1) the presence of priority in time with respect to the occupation
and use of a specific territory, (2) voluntary perpetuation of cultural distinctiveness, 199 (3) self-
identification as indigenous, (4) experience of subjugation, marginalization and discrimination,
and (5) pre-invasion and pre-colonial historical continuity (Study on the Problem of
Discrimination against Indigenous Populations UN Doc E/CN/4/Sub.2/1986/Add.4., 1986). ITK
is defined as knowledge held by indigenous people that is generated, preserved and transmitted
in a traditional and intergenerational context, and is integral to the cultural identity of such
indigenous groupings (Protection of Traditional Knowledge: Overview of Policy Objective and
Core Principles’ WIPO/GRTKF/IC/7/5, 2004).

A thorough survey of existing ITK in PNG could enhance community participation in

landscape/coastal conservation, and rehabilitation and restoration of ecosystem capacity. Ten
working principles for integrating ITKs in the NAP process are identified below:

• Improve community governance; a rights-based approach & an ethical framework will

build trust and cooperation;
• Embrace an inter-sectoral approach that will create greater coherence;
• Facilitate interaction of science and ITK;
• Conserve wild resources and ecosystems;
• Link conflict-sensitive adaptation and ITK .

38

 • Provide security of tenure and other legal considerations of customary land management
to facilitate long-term sustainability;
• Ensure customary natural resource governance is part of ITK approaches to adaptation;
• Provide appropriate technology as a useful bridge between oral ITK, and the need for
empirical data and physical planning tools;
• Ensure a gender-sensitive approach;
• Involve the schools in order to facilitate linkages between ITK, skills development and
formal schooling (Guidelines towards integrating African Indigenous & Traditional
Knowledge in National Adaptation Plans, platforms and policies, 2014).

Although ITK could contribute to the NAP process in PNG, such integration processes might
encounter challenges that are specific to the nature of ITK itself, including, inter alia, (a) that
ITK goes beyond government capacity, (b) that custodians of ITK are the owners of the
knowledge, (c) that usage of ITK requires the consent of indigenous people and transparency in
its use, (d) that ITK can be obscure and thus problematic for widespread application, and (e) that
indigenous people might be instinctively suspicious of any comprehensive communication or
contact with their hosting government for fear of subrogation, marginalization, or discrimination.

3.0 METHODOLOGY

3.1 Research Design

A review of international environment law and policy in comparison with existing laws and
policy in Papua New Guinea was carried out utilizing available literature.

3.2 Method of Data Analysis

Using a four point Likert-type scale, data were compiled on the existence of environmental laws
and policy in Papua New Guinea compared to existing international environmental law and
policy.

4.0 RESULTS AND DISCUSSION

39

4.1 Data Analysis and Interpretation

Using the data compiled on international environmental law and policy, and on existing laws and
policy in Papua New Guinea, the respective legal frameworks were compared using a four point
Likert-type scale, scoring: O =Exist; ×=No exist; △=under development; ？=Not identified

Research Question One

What are the existing environmental laws and policies in Papua New Guinea?

The existence of PNG environmental laws and regulations as compared to those existing
internationally are shown in Tables 4-12.

Laws and Regulations Existence Title or References

• Law on air pollution ○ Summary Offences Act

• Ambient air standards ×

• Emission std. (Fixed or ○ Environment Contaminant

mobile) Act/1994

• Result of air monitoring ×

• Guidelines ×

• Environment Act/2000/14 △ Environment Act/2000/14

• Motor traffic Act ○ Motor traffic Act

• Public Health Act ○ Public Health Act

Notes) ○ Exist; × No exist; △ under development ;？Not identified

Table 4: Laws and Regulations on Air Pollution in Papua New Guinea

Source: Japan International Cooperation Agency

Table 4 shows that the laws, standards and guidelines on air pollution, emission standard (fixed
or mobile), motor traffic and public health exist in Papua New Guinea. However, the
Environment Act/2000/14 remains under development, and ambient air standards, results of air
monitoring, and guidelines do not exist.

40

Laws and Regulations Existence Title or References

• Law on water pollution ○ Water Resource Act

• Water quality standards
• Effluent standards
• Drinking water quality
standards
• Results of water monitoring
• Guidelines for water quality
control
○ PNG Water board Act
×
○ Eda Ranu Act (Our Water)
○ National Water and Sewerage
Act
×

• Public Health Act ○ Public Health Act

Notes) ○ Exist; × No exist; △ under development ;？Not identified

Table 5: Laws and Regulations on Water Pollution in Papua New Guinea

Source: Japan International Cooperation Agency

Table 5 shows that the laws, standards and guidelines on water pollution, water quality
standards, drinking water quality standards, results of water monitoring and public health exist in
Papua New Guinea. However, the guidelines for water quality control and effluent standards do
not exist. Moreover, the study shows, as illustrated in Table 6, that law relevant to noise in urban
areas does not exist.

Laws and Regulations Existence Title or References

• Law relevant to noise ×

Notes) ○ Exist; × No exist; △ under development ;？Not identified

Table 6: Laws and Regulations on Noise in Urban Areas in Papua New Guinea
Source: Japan International Cooperation Agency

41

Laws and Regulations Existence Title or References

• Solid Waste Management Law ×

• Hazardous Waste Management ○ Environment Contaminant Act
Law
• Guidelines for Solid Waste ○ Environment Planning Act
Management
• Others ○ OK Tedi Mining Agreement
National Sewerage Act

Notes) ○ Exist; × No exist; △ under development ;？Not identified

Table 7: Laws and Regulations on Solid Waste Management in Papua New Guinea
Source: Japan International Cooperation Agency

Table 7 shows that the no law on solid waste management exists in Papua New Guinea.
However, hazardous waste management law and guidelines for solid waste management do exist.
Other laws such as OK Tedi Mining Agreement and National Sewerage Act exist.

Laws and Regulations Existence Title or References

• Law on Energy Conservation ×

and Energy Use

• Law on Nuclear Energy ×

Usage
• Others ○ PNG Electrical Commission
Act
Notes) ○ Exist; × No exist; △ under development ;？Not identified

Table 8: Laws and Regulations on Energy Conservation and Energy Use in Papua New Guinea

42

Source: Japan International Cooperation Agency

Table 8 shows that the law on nuclear energy usage and energy conservation and energy use do
not exist. Other laws such as PNG Electrical Commission Act however exist. Furthermore, Table
9 shows that law on water resources management and usage exist.

Laws and Regulations Existence Title or References

• Law on Water Resources ○ Law on Water

Management
• Law on Water Resources ○ Law on Fees for Use of Water
Usage and Mineral Water

Notes) ○ Exist; × No exist; △ under development ;？Not identified

Table 9: Laws and Regulations on Water Resources Management in Papua New Guinea
Source: Japan International Cooperation Agency

Laws and Regulations Existence Title or References

• Law on Sewerage ○ National Sewerage Act

• Laws and Regulation on ×

Industrial Wastewater

• Control ×
• Effluent Standards ×

• Monitoring Results ×

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• Others ○ Environment Planning Act
OK Tedi Mining Agreement

Notes) ○ Exist; × No exist; △ under development ;？Not identified

Table 10: Laws and Regulations on Waste Water Management in Papua New Guinea
Source: Japan International Cooperation Agency

Table 10 shows that the law on sewerage and others, such as Environment Planning Act and OK
Tedi Mining Agreement exist. Laws and regulation on industrial wastewater, control, effluent
standards and monitoring of results however do not exist.

Laws and Regulations Existence Title or References

• Forest Conservation Law ○ Forestry Act

• Laws and Regulation on ×

Felling and Use of Forest

• Laws and Regulation on ○ Forest Management Act

Protected Area

• Laws on Prevention of ×
Desertification

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• Others ○ Environment Planning Act
Environment Contaminant Act

Notes) ○ Exist; × No exist; △ under development ;？Not identified

Table 11: Laws and Regulations on Forest Conservation and Desertification in Papua New Guinea
Source: Japan International Cooperation Agency

Table 11 shows that the forest conservation law, laws and regulations on protected areas and
others, such as the Environment Planning Act and the Environment Contaminant Act exist. Laws
and regulations on felling and use of forest, and laws on prevention of desertification however do
not exist.

Laws and Regulations Existence Title or References

• General Law on Natural ×

Resources Management

• Laws on Mineral Resources ○ Mining Act

Management

• Laws on Underground ○ Oil and Gas Act

Resources Management

• Laws on Fishery Resources ○ Fish Management Act

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Notes) ○ Exist; × No exist; △ under development ;？Not identified

Table 12: Laws and Regulations on Natural Resources Management in Papua New Guinea
Source: Japan International Cooperation Agency

Table 12 shows that the laws on mineral resources management, laws on underground resources
management and laws on fishery resources exist. However, a general law on natural resources
management does not exist.

Results of the comparative analysis, as broken down into sub-themes are reported in Table 13.

not under
Sub-Theme exist exist development not identified percent exist

Air Pollution 4 3 1 0 50%

Water Pollution 5 2 0 0 71%

Noise Pollution 0 1 0 0 0%

Solid Waste Management 3 1 0 0 75%

Energy Conservation and Use 1 2 0 0 33%

Water Resource Management 2 0 0 0 100%

Waste Water Management 2 4 0 0 33%

Forest Conservation and
Deforestation 3 2 0 0 60%

Natural Resource Management 3 1 0 0 75%

Table 13. Summary of PNG compatibility with international standards of environment law in 9 thematic
groupings, showing where facets of international law exist, do not exist or are under development in
PNG, and the percent of compatibility.

In summary, results reported in tables 4-13 reveal that out of 40 international laws, standards,
guidelines and regulations, 57.5% are found to exist, 2.5% are under development, and 40% do
not exist in the PNG legal framework. In addition, among the 9 sub-themes identified in

46

international law, standards, guidelines and regulations, PNG lags behind international practices
in 8 of the 9 sub-themes. These findings clearly show that the environmental legal framework in
PNG is underdeveloped, and that substantial effort is needed in order to reach the level of
international best practice.

Apart from the problem of an insufficient number of environmental laws in PNG, another issue
that requires attention is that of land ownership reform. This issue has attracted mixed and
opposing views from academia and development advisers. As pointed out by Sukot (2010), there
can be hidden agendas behind the promotion of revision of land registration rules and security of
tenure laws, such that there is a hidden danger posed by the possible cancelation of existing
security of tenure laws. Cancelation of these laws would allow foreign companies and wealthy
elites in PNG to access customary land by converting it to private leases, where fraudulently
proposed “development” is used as bait for conversion of land currently under customary tenure
(Sukot, S., 2010). Even though Papua New Guinea is designated among countries where national
laws fully address indigenous land tenure rights and community land tenure rights
(Environmental Law Institute, 2016; UNEP, 2019), the questions that arise are: “How is
indigenous land tenure protected under these laws?”; and more importantly “What are the
consequences of the implementation of these laws in practice?” Focusing on unsustainable
economic development can yield negative effects on the environment and local communities,
making development efforts counterproductive and counter to Sustainable Development Goals
that require systemic development action.

Research Question Two

What areas of existing environmental law and policy in Papua New Guinea require
improvement?

As hypothesized, this study showed that significant improvements are needed in several sectors
of environmental policy and laws in Papua New Guinea. For example, Table 4 shows that the
Environment Act/2000/14 remains underdeveloped, and ambient air standards, air monitoring
results and guidelines do not exist. This presents an alarming fact, keeping in mind that air
pollution is the single biggest environmental health risk globally, resulting in roughly 7 million

47

deaths annually, with Southeast Asia and Western Pacific region having the largest share (World
Health Organization, 2018; UNEP, 2019). Moreover, Table 5 shows that the guidelines for water
quality control and effluent standards do not exist. These inadequacies can have negative impacts
on health and the food chain. The fisheries sector plays an important role in the traditional way
of life in PNG’s communities, and it is an important part of the PNG economy (World Bank,
2019). Data from the FishstatJ, for example, reveal decreasing productivity of the national inland
fisheries catch in Papua New Guinea between the time periods of 1990–1999 and 2000–2010
(FAO, 2014; UNEP, 2016). As pointed out by Nicholls, declining water quality is the number
one concern nationally, and should be given the highest priority in environmental protection
(Nicholls, S., 2004). Furthermore, Table 6 shows that law relevant to noise in urban areas does
not exist. Even though Table 7 shows that law on solid waste management exists in Papua New
Guinea, hazardous waste management law and guidelines for solid waste management do not
exist. This can be a serious problem as environmental protection requires a systems approach;
one missing link in the legal framework seriously undermines the effectiveness of other laws,
leading to multiple negative effects on the environment. Table 8 also shows that law on nuclear
energy usage and energy conservation and energy use do not exist. Table 10 shows that laws and
regulation on industrial wastewater control, effluent standards and monitoring of results do not
exist. Another alarming issue, as illustrated in Table 11, is that laws and regulations on the
felling and use of forests, and laws on prevention of desertification do not exist. Also, Table 12
shows that general law on natural resources management does not exist. These issues must be
addressed, keeping in mind the PNG context; only 3 percent of PNG’s land is owned by the state
or is in private hands, with the remainder being customarily owned, and with 11 percent being
under a state lease (Woods, L. EJ., 2019). Therefore, there is a need to implement improved laws
of land tenure, consistent with the on-the-ground realities of local situations.

It is important to be aware that the public often has a simplified understanding of legal orders.
Consequently, important local considerations and factors are often neglected and not properly
taken into account by the legal culture, e.g. the traditional, religious, economic and social
contexts, all of which can influence the way people understand the rule of law (Darpo and
Nilsson, 2010).

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4.2 Discussion
Major challenges for the drafting of environmental law and lines of action (LOA’s).

- Forrestal transformation and Natural life preservation: (Basic reference: Bhutanese

Constitution article 4.3, “Forest and nature conservation act of Bhutan, 1995”) Forest
preservation must be a priority of constitutional concern. Environmental Law should specify that
Rainforest and other special protection forests shall constitute a pre-determined percentage of the
country’s landbase. The initiative to preserve and recover the nation’s forest should start from
the statement that “All Forests are declared to be Government Reserved Forests or Community
Forests” and special protection measures should be introduced (i.e. No foreign species would be
used in reforestation; the Ministry should also issue Social Forestry Rules to encourage any
person or group to grow or nurture forest crops on his own registered private land). The
Government should also provide monetary compensation and/or alternative land rights where
necessary to protect forested land. All rainforests and other forests should be interconnected and
linked such that wildlife possess the freedom and ability to move throughout the country.

- Energy issues: In 2018, Treasury Minister Sam Basil proposed three main milestones as
national aspirational targets:
1. Household energy access nationwide;
2. Supply of sufficient energy for industrialization;
3. Nation-wide development of renewable energies in order to address climate change.

There is a direct link between these issues and the lack of a general law on natural resources
management and insufficient policies on energy conservation and use. The first Line Of Action
(LOA) recommended by this review is the creation and development of laws consistent with
these aspirational milestones.

- Air and water pollution: A national legal framework of Air & Water Pollution Control
Laws must be developed in order to ensure that PNG’s air and water are protected. The general
purpose of such a legal framework would be to prevent the pollution of air/water (including any
form of deterioration of the condition of air/water) in the Public Water domain by regulating

49

effluent discharges and volatile emissions from factories and other establishments into the air
and Public Waters. Such regulation is required to preserve the living environment, and to protect
human health, especially the health of people at risk. The legal framework would clearly
articulate the responsibility of the proprietors of factories and other establishments to compensate
for damages in cases where human health has been damaged or compromised by polluted
air/water or wastewater discharges from their factories or establishments.

- Natural resources management: The following scheme is proposed as an initial step in

developing a holistic environmental management policy. A primary focus of such a policy
should include farming practices and desertification prevention (Main references: Dr. Allan
Savory research and work and Japanese Environmental Ministry: Practices for the sustainable
use and management of natural resources). With respect to farming practices and prevention of
desertification, a holistic management plan should include principles that take advantage of the
mutualistic relationships that exist between people, large herds of grazing animals, their
predators and the grasslands that support them. Nature functions as a holistic community with a
symbiotic relationship between people, animals and the land. If you remove or change the
behavior of any keystone species e.g. the large grazing herds, you potentially create unexpected
and wide-ranging negative impacts on other areas of the environment. It is absolutely crucial that
any agricultural planning policy be flexible enough to adapt to nature’s complexity; all
environments are inherently different, and local environments experience constantly changing
conditions. Animal husbandry using domestic species can be used as a substitute for lost
keystone species. When managed properly in a way that mimics nature, agriculture can heal the
land and even benefit wildlife, while at the same time benefiting people. Time and timing are the
most important factors in land use planning. Not only is it crucial to understand how long to use
the land for agriculture and how long to rest, it is equally important to understand exactly when
and where the land is ready for that use and rest.

- Renewable energies: employment, empowerment & natural resources management:

Sustainability must be at the center of the transition to renewable energy. Sources of renewable
energy must include, but should not be restricted to wind and solar. Renewable energy policy

50

should also encourage research, development and innovation (I+D+I) of other renewable energy
sources by way of incentives to academia and PNG industry. Such sources could include:
a) Geothermal: PNG has many volcanoes along its territory; feasibility studies could be
made into the possibility of harnessing this energy source.
b) Tidal: The kinetic energy of the ebb and flow of seawater can be converted to useful
forms of power, including electricity (e.g. Tidal stream generators and tidal barrages, which have
been proven feasible in the UK, China, Korea and France).

- Waste Processing & Recycling: (Proposals for policy development on this issue are
inspired by policies of the Japan Ministry of Environment law). Although it is important to
consider the proper acquisition and use of materials and objects, it is also essential to develop
policy concerning the proper disposal and/or recycling of these materials, and to restrain-to-
negative the pollutants extant in the emissions resulting from their manufacture, use and
disposal.
Other challenges
A) Responsibilities for Waste Disposal: Wastes should be classified into two categories as
they are in Japan: urban and industrial. The disposal of urban wastes should be the responsibility
of urban and local governments, and regulated under sound and well developed ad hoc Law. The
disposal of industrial wastes should be the responsibility of the entities that generate the wastes,
and sanctions should be imposed on entities found to be in violation of waste disposal laws.
B) Pollution Countermeasures should fall under the mandate of the Environment Agency:
Waste treatment should be performed based on a "Waste Disposal and Public Cleansing Law."
The Environment Agency should be responsible for setting up the standards for landfill waste,
landfill site structure, and landfill site operation and maintenance.
C) Standards for Landfill Waste: Landfilling of hazardous wastes shall be carried out at sites
that are isolated from public waters and groundwater. Certain wastes shall be pre-treated by
methods such as water removal, crushing, incineration, or cutting. Measures shall be taken to
prevent offensive odors from leaking out of the landfill sites, and to prevent the breeding of rats,
mosquitoes, and other vermin that can spread disease.
D) Standards for Landfill Site Structure and for Landfill Site Operation and Maintenance:
Landfills should be classified into three types:

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- Isolated landfills: Used for the disposal of hazardous industrial wastes.

Ministry of the Environment (Government of Japan) Waste Disposal and Recycling Measures,
Countermeasures by the Environment Agency, Standards for Landfill Site Structure and for Landfill Site
Operation and Maintenance. https://www.env.go.jp/en/recycle/manage/waste.html

- Leachate-controlled landfills: Used for the disposal of both urban and industrial wastes
other than hazardous and stable wastes.

52

Ministry of the Environment (Government of Japan) Waste Disposal and Recycling Measures,
Countermeasures by the Environment Agency, Standards for Landfill Site Structure and for Landfill Site
Operation and Maintenance. https://www.env.go.jp/en/recycle/manage/waste.html

- Non-leachate-controlled landfills: Used for the disposal of stable wastes, e.g. waste
plastics, rubber scrap, metal scrap, waste glass, ceramics, and demolition waste. The standards
for landfill site structure and those for landfill site operation and maintenance should be
established in accordance with landfill type.

Ministry of the Environment (Government of Japan) Waste Disposal and Recycling Measures,
Countermeasures by the Environment Agency, Standards for Landfill Site Structure and for Landfill Site
Operation and Maintenance. https://www.env.go.jp/en/recycle/manage/waste.html

Progressing Towards an Environmentally Sound Material Cycle:

As social economic activities become more and more characterized by mass-production, mass-
consumption and mass-disposal, the increased volume and variety of wastes requiring disposal
have created cause for concern nationally about the environmental burden of pollutants
emanating from landfill sites. Three essential steps should be initiated:
[1] Strengthen standards related to the disposal of waste in landfills.
The following standards relating to the landfilling of waste shall be strengthened:
• standards for landfill site structure, such as water-leakage prevention measures
• standards for landfill site operation and maintenance, such as water quality
monitoring.
[2] Use environmentally sound methods to recover harmful substances from products at the post-
consumer stage, e.g. lead and cadmium, and promote recycling.

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 The following measures shall be taken to reduce the environmental load of harmful
substances in products at the post-consumer stage:
• reduce the amount of harmful substances used in products;
• establish a social system for the recollection and reuse of harmful substances;
• gather quantitative information relating to the harmful substances contained in
products.
[3] Adopt comprehensive, integrated and systematic waste disposal, and waste management and
recovery measures.

The current practice of "properly processing the disposed wastes" is limited in its ability to solve
today's waste problem. It is necessary to adopt an integrated and systematic waste management
and recovery system to reduce environmental load at every step of the material cycle, from
procurement to disposal. Continuous studies should be carried out to facilitate the establishment
of such a comprehensive system to ensure a desirable material cycle.

Based on this report, the Environment Agency should [1] revise relevant government ordinances,
such as standards for landfill waste; [2] formulate plans to reduce the environmental impact of
harmful substances contained in products as they reach the post-consumer stage; and [3] appoint
a review council with a mandate to continually monitor, assess and review waste management
practices. The council shall provide advice on possible improvements to the integrated waste
management and recovery systems, with a goal of achieving a more desirable material cycle.

Wastewater treatment scheme (https://www.env.go.jp/en/water/wq/pamph/index.html):

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- Noise policy: The purpose of a Noise Regulation and Prevention Law is to preserve and
protect human and environmental health by regulating noise generated by the operation of
factories and other types of work sites including construction work sites affecting a considerable
area. The regulation should also set maximum permissible levels of motor vehicle noise.
Regulation should apply not only to urban areas, but should also apply to rural areas and wild
zones affected by industry (Rainforests, seashore, seabeds, etc.).

- Native and local People preservation and integration: These laws should promote the
creation of sustainable and attractive cities and communities (Realization of compact urban space
with neighborhood nature). Effective sustainable cities require a concentration of key urban
functions in core areas, with residents living in the surrounding zones and along public
transportation lines, thereby facilitating the evolution of compact urban areas that connect
through networks of public and other means of transportation. In cases where compact cities
enable concentration of energy supply (e.g. heat sources) and demand for heat, support for the
introduction of local heat supply systems could be effective in promoting local heat utilization.
Such systems will enhance the feasibility of harnessing under-utilized local renewable heat and
energy sources such as solar, tidal, geothermal, snow and ice, and sewage, among others.
Promotion of a public transportation network centered on light rail transit systems (LRT) / bus
55

rapid transit systems (BRT) will contribute to the mitigation of greenhouse gas emissions
through consequential reductions in the volume of automotive traffic. Compact cities could be
promoted through "visualization" of the reduction of environmental burdens to be realized from
these measures. In addition, the formation of an ecosystem network in urban areas in tandem
with compact cities should be promoted through the construction of livable cities with green and
blue (water) areas, and the conservation and creation of agricultural lands, parks, green spaces,
waterways, non-concretized rivers (instead using sand and gravel) all of which could contribute
to maintaining biodiversity in cities.

- Formation of “Small hubs”: In hilly or mountainous areas marked by sharp declines in

population and an aging demographics, it is important to maintain a "community living area" as
an integral part of daily life. Promotion of "small hubs" can assist in the creation of sustainable
communities. At these hubs, the availability and use of local thermal/wind/solar energy will
increase, and options for utilizing other renewable energy sources will also grow, thereby
contributing to the reduction of greenhouse gas emissions through the introduction of such
measures.

- Insufficient Protected Area and its Solution. According to the UNEP, there are 71
protected areas in PNG that account for 14,330 km2 (5,530 Sq mi), which is approximately 3.07
% of the country’s territory (UNEP, 2018). PNG is ranked close to the bottom of the list, below
the world average of 14.7%, despite PNG being one of the most bio-diverse countries in the
world. Countries like Senegal, Nigeria and Timor-Leste have similarly low human development
indices and GDP per capita, but outperform PNG in the amount of protected land. Such
examples show that PNG can adapt the conservation policies of other developing countries, and
move closer to the level of conservation of its neighbors in the region. This can be done by
implementing proper zoning mechanisms, and by clearly defining and monitoring the
conservation zones. The establishment of conservation zones is widely recognized as an effective
strategy for conservation of biodiversity. In order for this strategy to work, it is essential to
• provide sufficient funding
• hire staff equipped with good environmental education and enforcement capacity
• provide competent community outreach (WWF International, 2004).

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- Protected Areas and Community Land Rights. Community land rights can conflict
with government efforts to establish protected areas. However, depending on how the law and
management systems are applied and enforced, protected areas can potentially benefit local
communities that are under pressure from the impacts of industrialization. By facilitating
incorporation and conservation of tribal lands in protected-area systems, government in
cooperation with local communities can block third-party encroachment. In addition, by
enshrining communal land rights and a requirement for prior-consultation and informed consent
into law, Environmental Law can limit the government’s power to re-allocate protected areas for
exploitation (Rights and Resources Initiative, 2015). Establishment of protected areas would also
ensure the protection of the needs of indigenous tribal people. (James Anaya, 2005). Given that a
comprehensive protected-area system is not functioning in Papua New Guinea, and given the
limited amount of public land, establishing some sort of co-management option involving
government and indigenous tribal communities may be a reasonable approach.

5.0 CONCLUSION AND RECOMMENDATION

5.1 Conclusion

As hypothesized, this study showed that significant improvements are needed in several sectors
of environmental law and policy in Papua New Guinea, both in quantity and in quality; PNG is
falling behind other countries in a number of aspects of environmental law. Immediate
government action is required in order to cover all aspects of environmental protection, and to
ensure that laws are properly formulated and implemented to be functionally appropriate in the
local context. This study reviewed international environment law and policy in comparison with
existing laws and policy in Papua New Guinea utilizing available literature. The data obtained
shows that PNG environmental legal framework contains only 40% of the group of laws that
constitute common practice in international policy, and is deficient in 8 of 9 sub-categories of
environmental law..

Still, there is an enhanced opportunity to learn from established best practices, and to use the
experience of those who have gone before (UNEP, 2019). In order to be successful, it is

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recommended that PNG’s environmental laws adopt a more systematic approach, one that
requires a deeper level of cooperation between different national sectors, and takes into
consideration legal pluralism and the customs of indigenous communities, all of which are
important for healthy livelihoods and food security (UNEP, 2019). Moreover, respecting and
relying on customary systems can improve both environmental management and environmental
law enforcement, while at the same time increasing the resilience of local areas (Meinzen-Dick
and Pradhan, 2002). Papa New Guinea’s underdeveloped legal framework, although problematic,
can be seen as an opportunity to implement more robust measures that are not solely focused on
economic gain, but which take into consideration all aspects of sustainable development. With
this approach, several SDGs can be simultaneously addressed, creating more meaningful and
more comprehensive action that yields benefits on several fronts.19

There is a huge amount of work remaining to be done in developing a comprehensive body of

environmental law. Nationals and native individuals must comprise the core of the teamwork,
but there is also a need for out-of-the-box thinkers and other personnel, and to learn from other
legal paradigms.

5.2 Further Recommendations

Based on the data, it is recommended that the government specifically target those areas of law
where PNG’s environmental law has been found to be lacking, and in those instances,
international environment law and policy that are found to be effective in other jurisdictions
should be enacted, implemented and enforced in Papua New Guinea.

The PNG Government should consider making a request to the UN Special Rapporteur. Since
2016, environmentalist have led a joint global effort involving the UN Special Rapporteur and
other partners to sensitize the judiciary on constitutional environmental rights, and to evaluate

19
Specifically with the implementation of SDGs in Papua New Guinea, recommended steps in localizing the SDGs in
Papua New Guinea include: (1) link SDGs to the National Strategies; (2) identify and propose other relevant SDG
indicators that can be integrated, tailored and measured; and (3) finalize the road map of the SDG integration
exercise. See Localizing the SDGs: Success Recorded in Papua New Guinea, available at
https://png.unfpa.org/sites/default/files/pub-pdf/Localizing%20the%20SDGs%282%29_0.pdf, accessed October 4,
2019.

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the impact of violation of these rights on environmental protection. Three colloquia have been
convened in South Africa (April, 2016), Brazil (May, 2017), and Pakistan (Feb., 2018). On the
international plane, it is also recommended that PNG Government strengthen cooperation with
other countries. As noted in a report published by the UNDP, South-South Cooperation (e.g.,
PNG/China) is recommended to strengthen inter-governmental cooperation.20 Specific steps are
recommended to be taken in this regard: (1) develop a South-South cooperation climate change
adaptation plan; (2) create a special Pacific Climate Change Adaptation Fund for the Pacific; and
(3) promote technical, institutional and scientific capacity building and governmental funds.

Moving environmental policy forward in PNG will require a policy framework built around
multiple decision making processes, involving a wide range of stakeholders from different
sectors of civil society, operating at multiple scales and levels of governance. Here, international
policy models can help inform the choice of strategic focal points, and assist identification of
ways these decision processes can be linked across scales and levels of organization. Key
partners in the identification of appropriate processes are non-governmental organizations
(NGO’s), who can provide valuable feedback and assistance in the drafting of appropriate and
acceptable environmental laws, policy and regulations. The local knowledge obtained by NGOs
can provide detailed and up-to-date information, which is a highly important component in the
translation and adaptation of international policies for the national and local context.

This study of environmental law in Papua New Guinea has identified gaps in the national
environmental legislation. Authorities are encouraged to introduce and increase their efforts to
incorporate into PNG’s environmental laws, missing elements of existing international
environmental law, including: air quality standards; air monitoring; effluent water quality
standards and control; industrial wastewater management; noise pollution regulation; solid waste
management; renewable energy targets; nuclear energy regulation; clean energies development
and employment; deforestation prevention measures; and protection of biodiversity.

20
See China’ South-South Cooperation with Pacific Island Countries in the context of the 2030 Agenda for
Sustainable Development, Series Report: Climate Change Adaptation, available at
https://www.cn.undp.org/content/china/en/home/library/south-south-cooperation/china_s-south-south-
cooperation-with-pacific-island-countries-in2.html, accessed October 6, 2019.

59

The authorities of Papua New Guinea are encouraged to ensure that newly adopted
legislations/laws are implemented and enforced by way of effective multi-agency co-operation.
Examples of good practice in other countries show that the results of adopted laws are enhanced
when all of the relevant stakeholders, including DEC, NFA, DAL, regional and local parliaments
and authorities, NGO’s, and members of civil society work together. This is a non-exhaustive list
of stakeholders. This type of co-operation requires guidelines and protocols for all agencies to
follow, as well as sufficient training of professionals on their use and benefits.

The PNG authorities should allocate appropriate financial and human resources for the adequate
implementation of integrated policies, measures and programs aimed at protecting the
environment. There should be an obligation to allocate sufficient financial and human resources
for activities carried out by public authorities, as well as for the ones carried out by NGOs and
civil society. The resources allocated need to be appropriate for the measure to be
implementated.

The contributions of various NGOs and other members of civil society are crucial to ensure
protection of the environment. The authorities of PNG should recognize their work by tapping
into their expertise and involving them as partners in multi-agency co-operation in the
implementation of environmental law. Beyond such recognition, there is a need to actively
encourage and support the work of these dedicated NGO’s and other civil society organizations
that are active in the field of the protection of the environment.

It is recommended to designate or establish one or more official bodies responsible for the co-
ordination, monitoring and evaluation of the implementation of the adopted environmental laws.
The official body should be an entity or institution within the government. It could be a body that
is already in place, or one that would be set up with the sole purpose of ensuring that the various
laws and policies adopted in implementation of the international environmental conventions are
well coordinated, and lead to a concerted effort of all agencies and all sectors of government.

The adopted laws should encompass a number of general preventive measures. The authorities
should be mandated to take measures that are necessary to promote changes in mentality and
attitudes. In fact, the traditional mindset could be an obstacle to the effective implementation of
the newly adopted laws. Change could be effected through various means:

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 • Awareness-raising campaigns and programs to increase awareness and understanding
among the general public of the importance of protecting the environment, of the
consequences of the harms for future generations, and of the need to prevent such harm;
• The training and sensitisation of professionals to the many causes and consequences of
harm to the environment;
• Encouragement of participation of the private sector and the media in the formulation and
implementation of policies, and in the setting of guidelines and self-regulatory standards
designed to prevent harm to, and protection of the environment.
• UN survey and assessment on plan development and upgrading.

It is recommended that the National Parliament of Papua New Guinea be involved in the
monitoring and evaluation of the laws to be adopted, as well as the monitoring and evaluation of
the measures taken for their implementation.

Additional note:

There is an interesting judgment from the European Court of Human Rights that may be relevant
to this study: Hamer v. Belgium (27 November 2007). The applicant owned a house built by her
parents on forested land where house construction was not permitted. Legal proceedings were
brought against the applicant for having a house built in breach of the relevant legislation. The
Belgian courts decided that the woman had to restore the land to its previous state. The house
was forcefully demolished. The applicant brought a complaint before the European Court of
Human Rights, alleging that her right to private life had been breached. The European Court of
Human Rights held for the first time that, while not explicitly protected in the European
Convention of Human Rights, the environment is of value in itself, in which both society and the
public authorities take keen interest. Economic considerations, and even the right to property,
should not have priority in the face of environmental concerns, particularly when the State has
legislated in this field. Public authorities have therefore the right and responsibility to act in order
to protect the environment.

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6. REFERENCES

Climate Change Management Act, (2015). Climate Change (Management) Act 2015. Papua New
Guinea, No. 19 0f 2015

Darpo, J., and Nilsson, A. (2010). On the Comparison of Environmental Law. Journal of Court
Innovation. 3(1). pp 315-336

Environment and Human Well-being: A Practical Strategy. SummaryVersion. New York: UN

Millennium Project Task Force on Environmental Sustainability.

FAO (2002). Hardwood Programmes in Fiji, Solomon Islands, and Papua New Guinea. Working
Paper FP/21 FAO, Rome

Framework for Chemical Management in PNG. Prepared for PNG POPs

Government of Papua New Guinea, NDC Satisfactory Letter (2016).

https://www4.unfccc.int/sites/ndcstaging/PublishedDocuments/Papua%20New%20Guinea%20Fi
rst/PNG_NDC%20Satisfactory%20letter.pdf

Guruswamy, L.,(2017). International Environmental law in a nutshell. KC 243 Guru, 5th ed. 2017

Japan International Cooperation Agency, (2002). Planning and Evaluation Department. Country
Profile on Environment. Papua New Guinea.
https://www.sprep.org/att/IRC/eCOPIES/Countries/Papua_New_Guinea/30.pdf.

Meinzen-Dick, R., and Pradhan, R. (2002). Legal Pluralism and Dynamic Property Rights.
International Food Policy Research Institute (IFPRI), CAPRi working papers.

Melnick, D., McNeely,. Navarro, J., Y. KSchmidt-Traub, G. and Sears, R. R. (2006).

Mowbray, D. and Duguman, J., (2009). Policy Making and Implementation: Studies from Papua
New Guinea. ANU E press, pp 165 -166

62

Multilateral Environmental Agreements, (2017). International Environmental Law. Ministry of
Natural Resources and Environment, Department of Legal Affairs, Vietnam, pp. 11-12.
https://wedocs.unep.org/bitstream/handle/20.500.11822/21491/MEA-handbook-
Vietnam.pdf?sequence=1&isAllowed=y

Nicholls, S. (2004) The priority environmental concerns of Papua New Guinea. IWP-Pacific
Technical Report (International Waters Project) no. 1

Project. Port Moresby: Neconsult.

SPREP (2018), Legislative Review PNG. Available at

https://www.sprep.org/attachments/Publications/EMG/sprep-legislative-review-png.pdf

Sukot, S. (2010). Downplaying defects in state-systems and overemphasizing customary land

tenure conversion for development in Papua New Guinea

The World Bank (2019). Papua New Guinea Economic Update: Slower Growth, Better
Prospects. The World Bank Group

The World Bank, Pacific Possible: Long-term Economic Opportunities and Challenges for
Pacific Island Countries (2017). Available at
http://documents.worldbank.org/curated/en/168951503668157320/pdf/ACS22308-PUBLIC-
P154324-ADD-SERIES-PPFullReportFINALscreen.pdf.

UNEP (2013). UNEP GC Decision 27/9: Advancing justice, governance and law for
environmental sustainability, UNEP paper

UNEP (2016). A Snapshot of the World’s Water Quality: Towards a global assessment. United
Nations Environment Programme, Nairobi, Kenya. 162pp

UNEP (2018). World Database on Protected Areas (WDPA). United Nations environment
Programme.

UNEP (2019). Environmental Rule of Law: First Global Report. United Nations Environment
Programme, Nairobi.

63

 Woods, L. EJ. (2019). ‘Beautiful legislation’ fails to protect PNG’s environment, landowners.
[online] Mongabay Environmental News. Available at:
https://news.mongabay.com/2019/02/beautiful-legislation-fails-to-protect-pngs-environment-
landowners/ [Accessed 3 Jul. 2019].

World Health Organization. (2019). First WHO Global Conference on Air Pollution and Health,
30 October – 1 November 2018. [online] Available at:
https://www.who.int/airpollution/events/conference/en/ [Accessed 3 Jul. 2019].

Yaru, B. T. and Bulina, N., (2005). Evaluation and Assessment of the Legislative NDC, 2016

National Communications, (Initial – 2000, Second – 2014)

Climate Change Act, 2015

Paris Agreement Act, 2016

National Climate Compatible Development Management Policy, 2014

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