sustainable development...

SUSTAINABLE DEVELOPMENT DRIVEN

ENVIRONMENT & RESOURCE MANAGEMENT

(A closer look at the Impact Assessment Processes)

by

Adrian Rajalingam

A thesis submitted in fulfilment of the

requirements for the Degree of

Master of Commerce

Copyright © 2014 by Adrian Rajalingam

School of Land Management and Development

Faculty of Business and Economics

The University of the South Pacific

April 2014

DECLARATION

Statement by Author

I, Adrian Ron Rajalingam, declare that this thesis is my own work and that, to the

best of my knowledge, it contains no material previously published, or substantially

overlapping with material submitted for the award of any other degree at any

institution, except where due acknowledgment is made in the text.

Signature: Date: 25th March 2014

Name: Adrian Ron Rajalingam

Student ID No: S11010939

Statement by Supervisor

The research in this thesis was performed under my supervision and to my

knowledge is the sole work of Mr. Adrian Ron Rajalingam.

Signature: …………………………….. Date: …………………..

Name: …………………………………………………………………

Designation: …...………………………………………………………

ACKNOWLEDGMENT

This thesis would not have been possible without the support of many people. I wish

to express my gratitude to my supervisor, Mr. Kenneth Chambers who was

abundantly helpful and offered invaluable assistance, support and guidance.

Deepest gratitude is also due to the members of the supervisory committee and staff

of the School of Land Management & Development, without whose knowledge and

assistance this thesis would not have been successful.

I would also like to thank my family, especially my dad for your understanding and

endless love and support – you inspire me. To my brother and sister, for never letting

me give up and for not giving up on me – I share this achievement with you. To my

wife for always believing in me, supporting my decisions and for your unconditional

love – we did it!

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Abstract

The applications of the principles of sustainable land development practices and the

legislative framework that balances competing impacts and promotes environmental

protection in Fiji are now more wide-ranging in their scope and coverage. The

enactment of the Environmental Management Act 2005 (EMA) has brought about a

more manageable and relevant policy through which all government authorities can

monitor and address impacts with particular emphasis on environmental impact

assessments, waste disposal, pollution control and perhaps most important,

information collection on all facets of development impacts at project level, as well

as national and regional settings. The various line ministries, Department of

Environment (DoE), Director Town and Country Planning (DTCP), municipal

councils and other approving authorities can now coordinate, formulate and

implement plans and strategies cooperatively under the umbrella of EMA. This

collaboration is designed to strengthen information collection and data sharing which

will help ensure that roles and responsibilities do not overlap. The way forward is to

synthesize and align various vetting processes which will in turn help government

departments make informed decisions based on accurate data and relevant

information. Impact planning sustainable development is no longer simply a distant

theory: sustainable development concepts have been adapted to form an integral part

of Fiji’s socio-economic development and regulation mechanisms responding to

climate change, regionalization, population increase and escalating demands on

already scarce resources. This thesis investigates the range of preconditions that

might be necessary for Fiji to effectively implement the mechanisms involved in

balancing the social, economic and environmental scales of the sustainable

development paradigm. The mechanisms that are designed to bring about this

balance will form the core of this thesis: these are the Environmental Impact

Assessment (EIA), Strategic Environmental Assessment (SEA) and Integrated

Environmental Assessment (IEA) processes and the various sustainable resource

management practices of line ministries responsible for utilization and management

of specific resources. A case study on the Lami Rubbish dump is used to illustrate

and test the dynamics of a new wave of sustainable development policy

implementation in Fiji and the Pacific Islands region.

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Table of Contents

Declaration

Acknowledgement

Abstract ………………………..……………..…………..……………..…… i

Table of Contents …..…………..………...…..………………..………..…… ii

List of Figures/Tables …………...……..……………..…………..………….. iv

Acronyms …………..…………………………..……………...…………….. v

Chapter 1: Concepts and Issues

1.1 Background Information on the Republic of the Fiji Islands …..….. 1

1.2 Research Objectives ……………………………..………………… 2

1.3 Thesis Questions ……………………..……………………………. 3

1.4 Organization of Thesis ……………………..……………………… 3

1.5 Thesis Overview ……………..……………..……………………… 4

1.6 Introduction …………………….……..…………………………… 5

1.7 What is Development? ………………………...….……………….. 7

1.8 What is Sustainable Development? ………..…….………………… 9

1.9 Issues: The importance for Fiji to develop sustainably ……..…….. 20

1.10 Deconstruction of Issues: Social, Economic and Environmental ..... 21

- Social ……………………….……………………………. 21

- Economic ……………………..………………………….. 23

- Environmental .………………….……………………….. 25

Chapter 2: Legislative framework: Project and Policy 28

2.1 Legal Framework - Environmental Management Act 2005 …..…… 28

2.1.1 Project and Policy Assessment ..……………..……………….……. 30

2.2 Environmental Impact Assessment .……………………………….. 35

2.2.1 A General Guideline for EIA ……………..…………………..…… 36

2.2.2

2.2.3

What are the aims and objectives of an EIA? …..…………..…..….

EIA Process under EMA ………………...…………..…..…………

- Screening ……………………………….…………………

- Scoping …………………………………...………………

- Preparation of an EIA Report …………..…………..…….

- Reviewing the EIA Report ………………………..………

38

39

40

42

43

44

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- Decision on the EIA Report …………….……………..…. 45

2.2.4 Monitoring ………………………………..…………..……………. 46

2.2.5 Public Hearings …………………………………..…………….….. 47

2.2.6 Mitigation ……………………………………..…………………… 48

2.2.7 EIA Stage for considering mitigation measures ………………..…..

- 3 Step Mitigation Process ………………………………………...

50

51

2.2.8 Limitations of EIA …………………….…………………………... 53

2.2.9 EIA Practices & Outcomes …………………..……………………. 54

2.3 Strategic Environmental Assessment

What is SEA? …………….………..……………………………….

55

2.3.1 What is the aim of SEA? ………………….……………………….. 59

2.3.2 PPP – Policy, Plan, Program …………………….………………… 61

2.3.3 Outcomes of SEA …………………..……..……………………….. 63

2.3.4 Examples of SEA in Fiji …………………………....……………… 66

2.3.5 Limitations of SEA …………………………..…………………….. 68

Chapter 3: National, Regional & Global Implications 73

3.1

3.1.1

3.1.2

What is IEA? ………………………..……………………………...

IEA Process ………………...………..……………………………..

Extension to GEO Process ……………………...………………….

73

74

79

3.2

3.2.1

3.2.2

GEO – Global Environment Outlook Process ………...……………

GEO Process and Framework – DPSIR …..………………………..

GEO-4 Process …………………………..…...………………..…...

81

84

86

Chapter 4: Outcomes & Uniformity for the Pacific 91

4.1 Sustainability Assessment – Lami Rubbish Dump Case Study …… 91

4.1.1 Lami Town .………………………………………………………... 93

4.1.2 Lami Town Planning Scheme ……………..………………………. 93

4.1.3 Lami Rubbish Dump .…………….………………………………... 95

4.2 Recommendation: Uniformity for the Pacific …………...………… 106

4.3 Conclusion ..………………………………………………………... 109

Bibliography …………………………………….…………………………... 113

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List of Figures

Figure 1: Smog movement and wind direction .......................................................... 15

Figure 2: Sustainable development triangle ............................................................... 17

Figure 3: Pacific Gyre: Floating Garbage Patch ........................................................ 19

Figure 4: A Generalized EIA Process flowchart ........................................................ 37

Figure 5: Elements of Mitigation. .............................................................................. 52

Figure 6: Overlay Maps ............................................................................................. 63

Figure 7: Comparison of Evaluating Alternatives ..................................................... 65

Figure 8: Example of Strategic Action Plan .............................................................. 70

Figure 9: Simplified Analytical framework for IEA .................................................. 84

Figure 10: Map of Lami Town Planning Scheme ...................................................... 94

Figure 11: Aerial View of Lami Rubbish Dump ....................................................... 96

List of Tables

Table 1: Four cornerstones of the Earth Summit ....................................................... 10

Table 2: Some Comparisons between EIA and SEA ................................................. 32

Table 3: Outline of the decision-making process of SEA… ...................................... 57

Table 4: Definitions and Examples of PPPs ............................................................. .62

Table 5: Technical and Procedural Limitations of SEA ........................................... .69

Table 6: Main reasons to produce a Regional IEA Report ....................................... .79

Table 7: Some Comparisons between SEA and IEA ................................................ .80

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Acronyms

DoE - Department of Environment

DoMR - Department of Mineral Resources

DTCP - Director Town and Country Planning

EEZ - Exclusive Economic Zone

EIA - Environmental Impact Assessment

EMA - Environment Management Act

EMP - Environment Management Plan

EU - European Union

FBoS - Fiji Bureau of Statistics

GEO - Global Environment Outlook

IEA - Integrated Environmental Assessment

ILTB - iTaukei Land Trust Board

MDGs - Millennium Development Goals

MoH - Ministry of Health

NEC - National Environment Council

PICs - Pacific Island Countries

PIFS - Pacific Islands Forum Secretariat

PPP - Policies, Plans & Programs

SCC - Suva City Council

SEA - Strategic Environmental Assessment

SIDS - Small Island Developing State

SPREP - Secretariat of the Pacific Regional Environment Program

TPA Cap 139 - Town Planning Act, Chapter 139

UN - United Nations

UNCED - United Nations Conference on Environment and Development

UNEP - United Nations Environment Program

Chapter 1 – Concepts and Issues

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1.1 Background Information on the Republic of the Fiji Islands

The Fiji Islands are situated in the south west of the Pacific Ocean comprising of 322

islands and a population of 837,271 with 50% residing in urban areas.1 Fiji’s total

land area is 18,333 km2 and its EEZ covers approximately 1.3 million square

kilometers of ocean. Fiji’s large urban centers offer an array of services which makes

business, investment and trade fairly straightforward. It is often referred to as the hub

of the South Pacific and has benefited from trade and investment with its larger trade

partners e.g. tourism with Australia & NZ, natural water to USA and sugar exports to

EU. Fiji’s transition from subsistence based to a consumer driven economy has

translated into greater access and market opportunities for regional and international

business and serves as a major link between more developed countries and the

smaller Pacific countries.

Fiji enacted meaningful environmental management legislation in 2005 and it

became operative in 2008. The statute operates alongside existing laws covering

mining, forestry and town planning. The majority of development has been along the

coastal areas and fringes of flat fertile plains, some of which are prone to flooding

and landslides. In regards to development control2 Fiji is far from perfect with

resource exploitation3 and environmental modification being the tip of the iceberg.

The activities include over-fishing,4 illegal logging,5 reclamation,6 excavation7 and

building operations8 which if left unchecked will only serve to magnify the

environmental damage. With regards to environmental concerns, Fiji does not exist

in isolation, it is a part of the global community and to this profile must now be

1 Fiji Bureau of Statistics, 2007 Census 2 Gangaiya et al, Heavy metal contamination of the Lami coastal environment, Fiji, and Ratu Mosese Tuisawau v Suva City Council - Lami Dump. 3 Vatukoula Goldmine 4 Eg see Craig Morley, Fiji Times 1 September 2007; and Ord II of 1894 “Fishing on the Reefs and in the tidal waters of the colony of Fiji” 5 Vanua Levu Highlands, March 2007 6 Laucala Bay Suva reclamation for World Hobie Championships, August 2007 7 Nananu–i-ra excavation of foreshore for marina development, June 2007. 8 Lagoon undersea resort http://www.poseidonresorts.com/poseidon_main.html


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added the impact on useable land mass from climate change or sea level rise caused

by global warming.9

1.2 Research Objectives

The objective of this thesis is to deconstruct and analyze the various social, economic

and environmental issues which shape the policies that mitigate, remedy or avoid

possible adverse environmental impacts and where possible promote and enhance

positive impacts to sustainable utilization and development of land resources in Fiji.

In order to achieve this objective, the following subject areas were reviewed. The

subject areas were focused towards answering the particular issues as outlined below.

� Examine resource management and land use controls that are applied by

approving authorities.

� Assess the environmental and resource management policies, plans or

programs of various activities in particular information collection for future

development decisions.

� Analyze EIA process – project and policy, Waste Management and Pollution

Control requirements, SEA processes and IEA processes

A quantitative research approach was utilized with a particular focus on policies and

programs pertaining to all facets of sustainable development to understand the often

flexible relationships between the three pillars of sustainable development. A review

of existing literature on government policies relating to development practices,

strategic planning programs and development control mechanisms.

Internet research proved most valuable for collating information on the latest trends

and initiatives relating to sustainable development. The aim is to question and

provide discussion on the following and initiate awareness for sustainability:

� social policies of government relating to population growth especially in

urban centers, housing, urban infrastructure development and allocation of

resources for these projects

9 Chambers, K. 2008. “Environment Management in South Pacific SIDS: Fiji Islands EMA 2005” Delivery date: 01 June 2008. Publication in European Public Law Journal, December 2008 issue.


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� economic policies that aim to attract and promote investment and

development and their impact on the environment (positive & negative

outcomes are balanced)

� environmental protection laws relating to all facets of land development

A qualitative approach supplemented the research content and was used to assess the

various policies through a series of interviews and discussions with relevant

institutions and non-government representatives.

1.3 Thesis Questions

The following questions are to be addressed in this thesis to determine by way of a

case study examination in Chapter 4 whether the effects of activities carried on any

site (previously, currently or proposed) have had an effect on the character of the

area and on other activities carried out in the area and how these impacts have been

managed. This will be divided into three parts:

1. Whether the activities are located in areas where the effects are compatible

with or enhanced the character of the area?

2. Whether the activities had no adverse effects or diminished the amenity of

neighboring areas, considering the character of the receiving environment and

cumulative effects?

3. Whether development proposals are sensitive to the elements that define the

character of the receiving environment in which they intend to locate; should

be designed and located to avoid conflict.

The measure of the success of any sustainable development practice falls into two

categories that describe the best possible outcomes for that receiving environment:

1. Incompatible effects of activities within or between each environment area

are avoided, remedied or mitigated

2. That proposed or current uses of land within an area are appropriate to the

character of each area and enhance the receiving environment


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The main focus is to achieve a balance between competing uses by assessing wider

environmental considerations against positive outcomes and negatives impacts.

1.4 Organization of Thesis

Chapter 1 sets the context for this thesis, which is organized into four chapters and

provides an introduction to the concepts of development control and sustainable

development. Chapter 2 outlines the Environment Management Act and the legal

framework for project and policy assessment as well as decision making processes

specifically through the EIA & SEA processes. Chapter 3 discusses UNEP IEA

processes, regional IEA Reporting, comparisons with SEA, and concludes with the

GEO processes and framework. Chapter 4 uses the Lami Rubbish dump as a case

study to analyze, compare and evaluate the impacts of waste management and

pollution control elements evident in all development activity.

1.5 Thesis Overview

Chapter 1 Thesis concepts and sustainability issues

Chapter 2 Review and analysis of concepts through relevant project level (EIA) and

policy level (SEA) processes

Chapter 3 Review and analysis of concepts through relevant policy processes for

regional level processes (IEA) and global legal frameworks (GEO)

Chapter 4 Application of the impact assessment processes, recommendation and

conclusion


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1.6 Introduction

The purpose of chapter 1 is to introduce the concepts and definitions of sustainable

development, and to illustrate the linkages and significance of the social, economic

and environmental elements of the sustainable development paradigm. This thesis

will focus on sustainable development practices and look at how sustainable

development measures have been introduced into the existing development control

procedures. This thesis also investigates the relationships between the demands for

land and housing as population grows and infrastructure expansion stalls due to lack

of capital largely as a result of weak economic policies and most importantly how to

balance these competing interests. These opposing forces pose a dilemma for

government in that it cannot address its social and infrastructure shortfalls without

first strengthening its development and environmental protection policies.

Government cannot develop infrastructure and address housing, education and

employment needs without a comprehensive resource management strategy.

Government like any other business entity must make money to be able to spend

money on various projects and infrastructure capital works. The difference is

government is not profit driven and revenue collected through taxes and services are

put back into the economy through funding for various development projects. These

often include (and are not limited to) specific areas that various municipal councils

look after i.e. roads, footpaths, street lights or government’s own infrastructure i.e.

water mains, sewerage reticulation systems etc which are for public purposes and

benefit the country. Government has started the process of reviewing current

regulations relating to land use, improving access to land and making housing

affordable for the populace.10

To advance our socio-economic standing in the region and the global economy, Fiji

must improve existing infrastructure and where necessary build new transportation

links, expand services and utilities and bolster efforts to improve access to land and

security of tenure. How then, can development and sustainability work in unison

when clearly any utilization of land resources is in some way a destruction of nature?

10 Pillar 6 – Making more land available for Productive & Social Purposes, People’s Charter for Change, Peace & Progress, National Council for Building a Better Fiji, 2008


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The answer lies in the decision making process – to ensure that projects which

require an EIA11 are processed, evaluated and steered towards balancing the positive

& negative environmental impacts. These mechanisms ensure strict compliance with

waste management and pollution control and protection of coastal and marine

ecosystems, e.g. the closure of the Lami Rubbish Dump stopped waste materials and

contaminants from polluting the adjacent river and harbor. The TP Act Cap 139,

Public Health Act Cap 111, Subdivision of Lands Act Cap 140, amongst many other

legislations and the national building code provide not only the guidelines for

construction standards but most importantly development proposals that trigger an

EIA are now under the ambit of the relevant EMA12 processes.

An EIA certifies that the impact of any development to the surrounding environs is

within acceptable standards and that the project will as far as possible not cause any

significant environmental impact to the locality in which it operates. It cannot

eliminate the impact but it minimizes and where possible mitigates the negative

impacts so that our cities, factories and homes do not destroy our land resources with

our accumulated waste and pollution. The simple truth is that the by-product of our

existence and of any development is waste and inevitably pollution thus minimizing

and managing waste is vital.

The 3R’s concept; Reduce, Reuse and Recycle is a sustainability measure that can be

applied from the household level. If it works at the household level then the benefits

will accumulate for a suburb (e.g. Samabula), a city (e.g. Suva) then a division (e.g.

Central division) and the collective efforts of these practices benefit the entire

country. It is through the joint efforts of everyone that change can occur and have a

significant positive effect on baselines.

This shift can be achieved through legislative changes, social pressure and education

that bring about, over a period of time, a change in the mindset of the populace. It

will have an effect on all facets of human activity and land utilization like

excavation, reclamation, development, noise control, vehicle emissions, waste

11 Environmental Impact Assessment, Part 4 of Environment Management Act 2005 12 Paclii/databases/ Fiji Sessional Legislation, Environment Management Act 2005, [online] http://www3.paclii.org/fj/legis/num_act/ema2005242/ (date accessed: 2nd April, 2010)


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disposal, waste management and resource management. There must be a genuine

desire, both legal and financial, to engage native resource owners in any sustainable

resource management program. This is vital in the Pacific since the majority of land

is under native title and in Fiji accounts for approximately 90% of the landmass. The

native owners have a vested interest in any program involving their resources and so

their continued support will ensure the viability of any resource management

process.

1.7 What is Development?

In order to understand sustainable development one needs to understand what

development is; it is important to have clarity, to put the concept into perspective.

That perspective is squarely within the ambit of the planning legislations i.e. Town

Planning Act, Subdivision of Land Act, Local Government Act, Roads, Water

Supply, Sewerage and Factories Act, and resource management legislations i.e.

ALTA, Irrigation, Drainage, Mining and Quarries Act, etc, that govern what, where

and how development occurs and when planning permission is required or not.

The Oxford dictionary defines development as “….. a specified state of growth or

advancement; evolution, process of bringing into production….”13

This linguistic definition differs from the legal definition which is more inclusive in

its characterization of the practical application of the actual process whether physical

changes or change of use.

The TPA (Cap 139) classifies development14 in relation to any land to mean “any

building operations or rebuilding operations, including the making of an alteration,

addition or structural repair to any building, the formation, laying out or material

widening of a street or a means of vehicular access thereto, and any use of the land

or any building, either wholly or in part, which is materially different from the

purpose for which the land or building was last being used.”

13 The Australian Oxford Pocket Dictionary, (2nd Ed), Oxford University Press 14 Laws of Fiji, Town Planning Act, Chapter 139, Part I – Preliminary – S(2) Interpretation.


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This definition deals specifically with material change of use, construction and

alterations to land or structures but what is clearly evident is that it does not address

the environmental impacts that may result from such developments. EMA however,

does consider the environmental impacts of development activities and applies EIA

processes to investigate and try to balance negative impacts and benefits to the

receiving environment. The provisions to institute legal proceedings include standing

for any person and are provided for in Part 7, s(54) of EMA.15 These legal challenges

can be bought to court by individual citizens with particular interest as was allowed

in Tuisawau vs. Suva City Council.16

EMA defines development17 as “any development proposal, activity or undertaking

likely to alter the physical nature of the land in any way, and includes the

construction of buildings or works, the deposit of wastes or other material from

outfalls, vessels or by other means, the removal of sand, coral, shells, natural

vegetation, sea grass or other substances, dredging, filling, land reclamation, mining

or drilling for minerals, but does not include fishing.”

There are two legal concepts associated with the definition of development that help

explain things in a much simpler way; these are “operations” and “uses.” In Cheshire

County Council vs. Woodward,18 “operation” is explained as some act which

changes the physical characteristics of the land or of what is under it, or of the air

above it. If a particular type of operation occurs then planning permission is

required.19 The second concept, material change of use refers to the purpose to which

a parcel of land or a building is devoted and comprises activities which are done in,

alongside or on the land but does not interfere with the actual physical characteristics

of the land and therefore does not include the carrying out of construction. It is clear

that permission for the use of a parcel of land does not automatically confer the right

to erect buildings for that purpose.20

15 Environmental Management Act, Part VII – Miscellaneous – Institution of Proceedings 16 SCC vs Tuisawau, Civil Action Number HBC 0278 of 1994S 17 Environmental Management Act, Part I – Preliminary – S(2) Interpretation. 18 [1962] 2 QB 126. [1962] 1 All ER 517 19 Operations in Chapter 5 – Definition of Development, (nd) p99 20 Operations in Chapter 5 – Definition of Development, (nd) p99


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There are various legal factors to consider for each particular development proposal.

The requirements differ and each proposal is scrutinized and processed based on the

merits of that application; these include but are not limited to:

� tenure problem e.g. Leases – Native or State or Freehold Title;

� planning and infrastructure issue e.g. Building/design requirements;

� environmental protection issue e.g. Sewerage and waste disposal/treatment;

� resource conservation and development issue e.g. Mining and irrigation, and;

� conservation of biodiversity issue e.g. Forests, birds and game protection

The term development covers a wide scope (physical alterations and change of use)

and it is not always related to construction works, it also inevitably raises issues such

as noise pollution, traffic management as well as conservation and protection of flora

and fauna.

1.8 What is Sustainable development?

The term sustainable development evolved from the Conference on Human

Environment in Stockholm in 1972 with the words “environment” and

“development” being the focal point of the definition. It has been a major point of

discussion and many international agreements, declarations and commitments have

been made since the United Nations Conference on Environment and Development

(UNCED), or the Earth Summit which was held in Rio de Janeiro in June 1992. The

178 participating countries agreed at the Earth Summit, that environmental and

development issues must be addressed with greater urgency and adopted “Agenda

21”.21 Table 1 summarizes the four cornerstones of the Earth Summit and underlines

the need for proper planning and effective management of land resources in order to

protect the environment and ensure that future generations can still gain sustenance

from our surroundings.22 Furthermore, it emphasizes the importance of integrated

environmental and development decision-making. This is also the basis for data

acquisition which helps promote the use of EIA and other policy instruments i.e. Rio

+10, Rio +20, for making informed decisions relevant to the reality on the ground.

21 United Nations (2002) p1 22 The World Bank (1997) p28


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Table 1: Four cornerstones of the Earth Summit

Cornerstone Summary

The Rio Declaration on

Environment and

Development

A set of principles which provide guidance on

achieving sustainable development.

Framework Convention on

Climate Change

An international treaty to stabilize greenhouse gas

concentrations in the atmosphere.

Convention on Biological

Diversity

An international convention with three objectives:

the conservation of biodiversity, the sustainable

use of its components, and the equitable sharing

of benefits from genetic resources.

Agenda 21

A global program of action for achieving

sustainable development to which countries are

‘politically committed’ rather than legally

obligated.

source: United Nations University Centre, Ch 1-2: Purpose and Aims of EIA

The Brundtland Report23 defines sustainable development as “development that

meets the needs of the present without compromising the ability of future generations

to meet their own needs” and implies using available natural resources to improve

the quality of human life within their carrying capacity24. EMA adopted the

Brundtland definition of sustainable development25 and it can be used as a baseline

reference for degraded environments for the use of protection and mitigation

strategies to prevent further damage or address existing impacts.

23 World Commission on Environment and Development (WCED). “Our common future.” Oxford: Oxford University Press, 1987 p. 43 24 Carry capacity means the optimum population of all forms of life that a habitat or land area can support indefinitely 25 s(2) EMA – definition of sustainable development


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For the first time in its history, Fiji has a comprehensive environmental management

legislation that addresses many environmental issues which until now were either

ignored by planning laws or existing laws were archaic and certainly failed to

provide adequate protection.

The Environment Management Act exists “for the protection of the natural resources

and for the control and management of developments, waste management and

pollution control.”

With EMA there are now adequate development control mechanisms to provide

sufficient scope and coverage for both central and local government to assess,

manage, monitor and enforce environmental protection practices through an effective

legal platform.

Sustainable development has now become a vital part of global development policies

and programs. In fact, the Millennium Development Goals26, a document which

focuses on the efforts of the world community in achieving significant, measurable

improvements in people’s lives, lists environmental sustainability as one of its

objectives; Goal 7 states ensure environmental sustainability27. The target for Goal 7

is to “integrate the principles of sustainable development into country policies and

programs and mitigate the degradation of environmental resources.” There are

examples of such practices in the GEO-4 assessment program, which looks at the 20-

year period since the Brundtland Report “Our Common Future” (1987) and forward

to the year 2050.28 If society can learn to utilize only what it requires and invests in

the long term stability of the environment then we can safeguard the livelihoods of

future generations. A good example is logging; a simple concept such as planting

two new trees for each one that is removed protects future generations, invests in a

future benefit and addresses previous generations removal of trees. Fiji Pine Ltd

26 Master Plans for Development, MDGs Basics: ICPD and the MDGS: UNFPA, [online] http://www.unfpa.org/icpd/mdgs-basics.cfm (date accessed: 15th November, 2009) 27 ibid MDG Targets and Indictors 28 UNEP, 2006, “The GEO approach to integrated environmental assessment” in A training manual on integrated environmental assessment and reporting, p12


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introduced a selective logging program in pine forests under its administration,

initially as a viable business option back in the 1980’s which has more recently bared

resemblance to a sustainably sound ecological option as well. Whether Fiji Pine Ltd

had been forward thinking in its environmental responsibilities are unclear but their

re-forestation program was years ahead of its time and now is at the forefront of

sustainable logging practices. Any re-forestation program not only ensures there will

always be trees available for use as timber but more importantly preserves and

protects the eco-systems in which these trees exist.

The International Institute for Sustainable Development29 (IISD) explains the

sustainable development concept further by focusing on two key concepts:

� the concept of needs, in particular the essential needs of the world's poor, to

which overriding priority should be given; and

� the idea of limitations imposed by the state of technology and social

organization on the environment's ability to meet present and future needs.

According to Gagnier 30 “all definitions of sustainable development require that we

see the world as a system—a system that connects space and a system that connects

time.” If we can change our perspectives and start to think of the world as a system

over space31 then we will begin to realize that air pollution from Australia affects air

quality in the Pacific and that pesticides sprayed in Argentina could harm fish stocks

off the coast of Australia. We are connected by the space that we all share – that

space is this planet. An excellent example of this connectivity on a global scale was

the eruption of the Icelandic volcano named Eyjafjallajokull (ay-yah-FYAH-lah-yer-

kuhl)32. This eruption left thousands of travelers across the world stranded and

brought air traffic into and out of Europe to a grinding halt as safety concerns about

29 Daniel Gagnier, “What is Sustainable Development? Environmental, economic and social well-being for today and tomorrow”, [online] http://www.iisd.org/sd/ (date accessed: 16th Dec, 2009) 30 ibid Daniel Gagnier – Chair (IISD) 31 Daniel Gagnier, “What is Sustainable Development? Environmental, economic and social well-being for today and tomorrow”, [online] http://www.iisd.org/sd/ (date accessed: 16th Dec, 2009) 32 Carlo Piovano, Tuesday, April 20,2010. (Associated Press Writer). “Threat of new, larger Icelandic eruption looms”, [online] http://news.yahoo.com/s/ap/20100420/ap_on_sc/eu_volcano_science (date accessed: 20th April,2010)


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the effects of the plumes of ash clouds and dust on jet engines grounded all flights.33

In Fiji and the Pacific region, this connectivity is clearly evident during natural

disasters like floods or cyclones. When Cyclone Tomas34 hit Fiji, the entire country

felt the after effects as root crops, vegetables and fruit plants were destroyed thus

affecting food supply to the markets, power lines were down affecting electricity

supply which meant frozen goods at supermarkets were affected and in some cases

condemned by health inspectors, water sources were contaminated as a result of

flooding and roads were washed away.

The second idea; that we view the world as a system over time35 helps us to better

understand how the decisions that our grandparents made about how to farm the land

continue to affect agricultural practices today; and the economic policies we endorse

today will continue to have an impact on the poverty situation when our children are

adults. It will be our legacy; left for the next generation to attend to; just as we

inherited our situation from the generation prior. One need look no further than the

situation a generation ago when slash and burn agricultural practices were the only

method that farmers used, much to the detriment of their land and surrounding

environment. The method was not managed in an environmentally sound manner.

The result of that continues to affect current farmers in places like the Navua plains

where fertile top soil on flat arid land is washed into rivers and creeks during the

rainy season and in the Sigatoka delta where silt from nearby slopes continue to get

deposited on flat farming land lots fringing hilly terrain when the rain comes. This is

because the trees, shrubs and native vegetation that once covered the land was

cleared by the generation of farmers prior who thought that such practices were for

the best.

There was a lack of information and data available to the prior generation of farmers

on sustainable techniques of farming. Now, we have come to understand that such

practices are not sustainable and through better research and information sharing

sustainable methods such as ground contouring, crop rotation and re-vegetation has

33 ibid 34 Nuimataiwalu, A. 2010, “Cyclone Alert: Tomas, A category Three Cyclone”, The Fiji Times, (FT 16/03), p3 35 ibid Daniel Gagnier - Chair (IISD)


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become common practice. These practices help to promote nitrate, nutrient and water

retention which act as a natural method of salinity control.

We also understand that quality of life is a system36, too. It is good to be physically

healthy, but what if you are poor and don't have access to education, food, safe

drinking water and basic health care? Similarly if the quality of the air in your part of

the world is unclean, your secure income does not mean much? And it's good to have

freedom of religious expression, but what if you can't feed your family? These are

important especially in developing countries where there is poverty and the need to

sustain human life is far more pressing than the need to sustain the environment.

It is a difficult enough task to promote sustainability in more affluent countries but

perhaps more because of people’s lack of commitment than anything else. The

problem however is exacerbated in developing countries where on top of all the

institutional and infrastructural challenges: poverty, hunger, thirst and poor living

conditions demand greater immediate attention and resources than promoting the

principles of sustainable development.

The example of the Indonesian farm fires37 causing smog and affecting air quality in

Singapore and Malaysia (refer Figure 1) illustrates how wind direction can create

environmental issues somewhere else.

The poor local farmers in Indonesia have always burnt their fields in preparation for

the new planting season with no idea that land clearance fires affect millions across

the South China Sea in Singapore and Malaysia.

36 ibid 37 http://thestar.com.my/news/story.asp?file=/2013/6/25/nation/13283358&sec=nation


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Figure 1: Smog movement and wind direction

source: The Star Online, Malaysia

Their primary focus is earning money from their farms and they do not understand

how their actions have a direct impact on the lives of millions in another country.

This relates to the view of the world as system over time and the quality of life

system.

Finding a balance between competing interests is the key and creating awareness

about the environment and helping people understand that quality of life is a system,

will go a long way in promoting the principles of sustainability. The concept of

sustainable development is best described as a complex structure with various

connected systems. It is in many ways a multifaceted and evolving concept that is

linked to our changing spatial, bio-physical (i.e. effects on air and water quality, flora

and fauna, noise levels, climate), land uses and socio-economic conditions. It is a two

prong principle of intra- and inter-generational equity38 which can help illustrate how

the actions that happen within a generation have a direct bearing on the generation

after.

38 UNU, (2006) EIA Course Module, Perspectives on sustainable development in Ch 1-2: Purpose and aims of EIA. pg 93


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In practice, these principles mean improving the welfare of the world’s poor and

maintaining the development opportunities for the generations that follow.39 The

problems that are present today, if left unresolved, will become the next generation’s

inheritance. If local government agencies and central government cannot solve the

squatter problems now when Fiji’s urban population stands at 424,846, (50.7%)40

then trying to solve the problem at a later time will be much more difficult. At

current growth rates, the urban population is projected to be between 51% - 53% by

2017 but that is a modest estimate.41 The expansion of squatter settlements in the

Suva-Nausori corridor is testimony to the demand for affordable land and the lack

thereof to cater for this demand.

The sustainable development triangle42 is an effective way of showing the extensive

web of reliance and consequences that result from the interaction of the social,

economic and environmental elements. It is an excellent way to illustrate the

connections and relationships between the three pillars of sustainable development.

The common elements of poverty, equity, sustainability and climate change are part

of all three pillars because these are factors that affect any human activity. These

elements are the common outcomes of the interactions and connections of the

various forces and as such are shown in the center of the triangle.

The external interactions (denoted by the arrows along the outside perimeter of the

triangle) show the various connections between the socio-economic and

environmental spheres.

39 ibid 40 Fiji Bureau of Statistics, 2007 Census 41 Fiji Total Population – 837271, Rural Pop – 412425: Fiji Bureau of Statistics, 2007 Census 42 Munasinghe, M., & Development, M. (2013). Sustainable development triangle. Retrieved from http://www.eoearth.org/view/article/156365


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Figure 2: Sustainable development triangle – key elements and interconnections

(corners, sides, center)

source: Adapted from Munasinghe : 1992a, 1994a, Retrieved from http://www.eoearth.org/view/article/156365

There is an intra-generational reliance in the socio-economic context. The reason

why the poor face difficulties in satisfying their basic needs (housing and food) is

because on the other end of that spectrum their source of income is either nonexistent

or insufficient. Unless this deficit is rectified within the present generation, they will

not be able to improve their socio-economic status. It shows how the two are

connected within a generation – a system that is connected over space and is holistic.

The inter-generational connectivity is perhaps what many people can identify with

because it deals with people’s participation and the impact of that participation on the

environment. This shows how the social, economic and environmental pillars

interact. The policies that government implements today will have a direct impact on

the environment e.g. if stricter laws governing waste management and disposal are

implemented then there will be greater long term environmental benefits. The

opposite is true if waste management is not taken seriously, especially in PICs where

land is scarce and in many situations trying to convince respective governments to


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commit land for rubbish dumps or landfills does not get top priority. The effect of

such uncontrolled waste disposal and the pollution from such activities will be

severe. The next generation will inherit these problems, this shows how two

generations are connected (either the past and the present or the present and the

future) – a system that is connected over time.

The third important connection is the economic and environmental pillars. The best

way to describe this relationship is to think about individual government’s economic

policies; their sole internal objective is to ensure economic growth and stability. This

can be viewed as an internalization of what each country views as valuable and vital

to its prosperity. Unfortunately what happens in this type of thinking is every country

looks out for its best interests and in the process neglects the needs of the

environment. The collective toll of the national interests of each country will have a

major impact on the surrounding environment. For example, if Fiji’s policies are

targeted purely at economic gain then the first effects will be on its own land and

coastal ecosystems as it sources the raw materials necessary to achieve its economic

targets. The reality is that all development creates waste of some description. If all

neighboring island states follow suit then the environmental impact from these

collective actions will be a major problem for the region.

The example of the North Pacific Gyre43 is testimony of the waste that has been

dumped into rivers and harbors, picked up by the sea currents and deposited into the

North Pacific plastic soup of floating garbage. The vast expanse of debris – in effect

the world's largest rubbish dump – is held in place by swirling underwater currents.

This drifting "soup" stretches 500 nautical miles off the Californian coast, across the

northern Pacific band of countries, past Hawaii and almost as far as Japan44 (refer

Figure 3).

According to the UN Environment Programme, plastic debris causes the deaths of

more than a million seabirds every year, as well as more than 100,000 marine

mammals. Syringes, cigarette lighters and toothbrushes have been found inside the 43 http://islandbreath.org/2008Year/05-environment/0805-08ThePlasticGyres.html 44 The Independent Newspaper, 2008, “The worlds rubbish dump a tip that stretches from Hawaii to Japan”, [online] http://www.independent.co.uk/environment/green-living/the-worlds-rubbish-dump-a-tip-that-stretches-from-hawaii-to-japan-778016.html, (date accessed: 15 June 2012)


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stomachs of dead seabirds, which mistake them for food. Plastic is believed to

constitute 90 per cent of all rubbish floating in the oceans. The UN Environment

Programme estimated in 2006 that every square mile of ocean contains 46,000 pieces

of floating plastic.45

Figure 3: Pacific Gyre: Floating Garbage Patch

source: View of North Pacific garbage gyres provided by GreenPeace

Migratory fish eat this decaying soup of waste and humans eat these fish; so

inevitably the waste finds its way back into our food chain. This relates to the quality

of life and understanding that we are all connected through the space we share.

45 UNEP, 2011, “UNEP Year Book 2011: Emerging Issues in Our Global Environment”, UNEP/Earthprint, 2011


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1.9 Issues: The importance for Fiji to develop sustainably

The challenge for Fiji (or any SIDS) in regards to sustainably lies not only in what

environmental damage needs to be remedied but more so in implementing policies

and legal mechanisms into all facets of planning that will protect, monitor and

provide effective management procedures to improve baselines and to safeguard the

existing state of the environment from further degradation. There needs to be a legal

commitment from government to send out a clear message to developers, planners,

businesses, producers and home owners that any development undertaking with a

significant impact must go through the relevant EIA processes and meet required

standards in order to get approval.

The Courts can set precedence through prosecution of offenders by way of jail

sentences and/or fines that serve as a deterrent. This will reinforce government

initiatives to promote environmentally friendly practices and behavior. A simple

example is the penalty provisions of the EMA, the Litter Decree and other relevant

laws; these are designed to act as deterrents. This supports government policies to

promote environmentally sound behavior.

It is simple, hold resource owners and users accountable by law for any significant

adverse damage that they cause, especially damage which will impact directly on

how future generations utilize the same resource, then they will quickly change their

approach to become more sustainably apt. This can be applied to everything from the

design stages through to construction, occupation and tenancy and for maintenance.

Each stage will have its own specific requirements which apart from conforming to

relevant planning laws must adhere to environmental standards i.e. for design and

planning – the architects and engineers must design according to the relevant laws

and during construction, all works must be carried out according to code and meet

the required standards for cyclone certification, health and amenity, site setback

requirements for natural light and air flow, vehicular access etc; during tenancy and

occupation – tenants must operate according to their tenancy agreement and finally

for scheduled maintenance works, all maintenance must be carried out routinely to


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ensure safety within the building and that all plant are operating properly and any

exhaust and waste water discharge are within stipulated standards.

1.10 Deconstruction of Issues: Social, Economic and Environmental

Let’s look at some examples of the applications of sustainability in real life

situations. I will deconstruct the issues according to the three pillars of sustainable

development – social, economic and environmental.

Social – How can a resident of Wailea squatter settlement in Vatuwaqa, who lives in

squalid unhygienic conditions, has either no employment or earns a meager wage,

concern himself with the plight of the environment? He is more concerned with

feeding himself and his family by any means necessary. Recently, the Department of

Environment and the Suva City Council46 came out strongly against people cutting

mangroves for sale or use as firewood, stating unequivocally that such practices were

not permitted and that those found to be violating the provisions of EMA would be

dealt with according to the penalty provisions of the Act. The issue arises when

authorities tasked with protecting coastal marine ecosystems come and tell poor

squatters that such practices are restricted and doing so could land them in jail and

yet multi-million dollar companies i.e. factories, that cause more severe damage are

allowed to ply their trade. A good example of such practices was the dumping of

peas47 by a local manufacturer into a river in Walu Bay after a silo carrying 1000

tons of peas collapsed. The company could face a quarter-million dollar fine or three

years imprisonment under the penalty provisions of EMA if they fail to clean up the

waste. The dumping of peas showed a total disregard for public health and for the

environment and above all the law. How then can EMA protect the environment

without further isolating the vulnerable in our society who feel that their very

existence and the livelihood of their families are threatened? The answer lies in a

more comprehensive scope, in which understanding that problems with squatters are

part of a bigger dilemma for government. It is not merely about stopping squatters or

anyone from cutting mangroves, dumping waste, discharging pollutants into rivers or

46 Singh, R. 2010, “Authorities warn against cutting mangroves ”, The Fiji Times, (FT 03/10), p6 47 Fiji Times newspaper article, date of article: 24/11/2008, “Stink sick”, [online] http://www.fijitimes.com/story.aspx?ref=archive&id=107000 (date accessed: 6th October 2010)


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uncontrolled development; it is about resolving land issues (e.g. availability/security

of tenure and affordability), which is what forces people into informal settlements.

The Government through the Ministry of Local Government, Urban Development,

Housing and Environment is determined in this regard to making land and low cost

housing available to the people through a regulated and controlled National Housing

Policy.48 These low cost lots will be fully developed and have all the required

utilities and services. The process of developing and formulating a comprehensive

National Housing Policy has been on government’s radar for some time now. This is

a continuation of the work that began in 2009 and government is determined in

achieving the objectives of the National Housing Policy by building upon the

underlying principles of the People’s Charter49 and Roadmap for Democracy and

Sustainable Socio-Economic Development. The sole aim of Pillar 6 of the Peoples

Charter prescribes a more accessible, dynamic and affordable package for land and

housing opportunities for low income earners50 through a coordinated approach that

“not only increases the supply of land under acceptable leasing arrangements for

agricultural, commercial or social purposes but also transforms the capital inherent in

land into capital that can be used either to develop that land or as collateral in the

financial market or for other economic and social purposes.51 A particular area of

focus for the National Housing Policy is on the urban and rural poor52 and these are

key components towards improving living and housing standards for the people of

Fiji.

The flow on effect of this will be that once squatters have legal tenure then they will

be able to access credit facilities from banks or credit unions by using their lease as

collateral and start small scale businesses to sustain themselves. There are a few

48 FijiSun Newspaper article, date of article: 4/7/2010, “Housing development gets underway”, [online] http://www.fijisun.com.fj/main_page/view.asp?id=37306 (date accessed: 7th April 2010) 49 Peoples Charter for Change, Peace and Progress, National Council for Building a Better Fiji, 15th December 2008, [online] http://www.fijipeoplescharter.com.fj/finalcharter.pdf (date accessed: 8th April 2010) 50 Pillar 6 – Making more land available for productive and social purposes in Peoples Charter for Change, Peace and Progress, [online] http://www.fijipeoplescharter.com.fj/finalcharter.pdf (date accessed: 8th April 2010) 51 ibid Pillar 6 – Peoples Charter 52 Minister for Local Government, Urban Development, Housing and Environment, Colonel Samuela Saumatua, FijiSun, (4/7/2010)


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success stories53 in which former squatters have moved into low cost Housing

Authority homes and started operating small businesses like a tailor shop or a

canteen or providing gardening services from their homes. They were able to

purchase the necessary equipment (i.e. sewing machine, lawn-mower, cane knives &

other gardening tools) for their businesses through small loan options either by re-

financing their mortgages with Housing Authority or utilizing the services and

assistance of the National Center for Small and Micro Enterprise Development

(NCSMED)54 to secure the necessary capital and equipment to start operations.

The Reserve Bank of Fiji issued clear directives to the commercial banks to

implement micro-finance facilities55 to stimulate investment and business

opportunities for the expansion of small and micro enterprises in the economy. It is

not a fleeting illusion that people can climb out of poverty; government’s perspective

through the People’s Charter is to provide the poor with the necessary support

mechanisms i.e. self-employment, apprenticeship programs or training workshops to

achieve that shift from poverty. This is a sustainable concept which addresses the

social problems at the household level and if enough poor households are assisted

then the benefits accumulate for communities, then cities and then the nation.

Economic – When trying to deconstruct the issues pertaining to sustainable

economic issues I looked at the native residential land leases which makes up the

vast majority of Suva’s land tenure. The residential land leases were issued in

accordance with the provisions of the Native Lands Trust Act56 for a term not

exceeding 99years and most have approximately 30-40 years remaining. The

imminent expiry of these leases is the real cause for concern as tenants fear

landowners may not renew these leases. Under NLTA, there are no provisions for

compensation for improvements. The chaos which followed the expiry and

subsequent non-renewal of native agricultural land leases (which did have

53 Buimaiono, R. 2008, “Re-settled squatters make a fresh start”, The Fiji Times, (FT 02/08), p3 54 Part of the Ministry of Commerce & Industry’s initiatives to provide support to small and micro enterprise development opportunities to low income households. 55 Koi, H. 2010, “ANZ Bank expands its micro-finance and rural banking services”, The Fiji Times, (FT 04/10), p2 56 Laws of Fiji, (Revised Edition 1985), Chapter 134, Native Land Trust Act, [online] http://www.lands.gov.fj/downloads/native_land_trst.pdf (date accessed: 9th April 2010)


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compensation provisions) has increased the fear and insecurity of residential tenants

in Suva’s many affluent suburbs. The major difference in this situation is that some

of the most sort after high class residential areas fall under native leases i.e.

Tamavua, Namadi & Wailoku and permanent concrete structures have been built on

the land. When the sugarcane farm leases were not renewed by Native Land owners

through iLTB, media reports were full with images of farmers dismantling their

homes (mostly timber and iron structures) ready for transport. Housing is a

substantial part of many families asset base and cannot be easily replaced. The

movement of families out of leased agricultural land (mostly from cane farms in rural

areas) caused the biggest displacement of people in Fiji’s history. The vast majority

ended up in squatter settlements and marginalized land around the country57 while

others took government’s offer for relocation to the Navua plains and started farming

vegetables and cash crops to survive.

If the fear of non-renewal of leases (as was the case with the agricultural leases)

starts to cause uncertainty and widespread apprehension amongst existing residential

tenants then their incentive to invest in their properties will evaporate. The flow on

effect could have a major impact on the housing market; property values on leased

land will drop, banks will tighten their lending criteria for all leased properties

especially those that are nearing their lease expiry date and compensation claims

from tenants whose leases are not renewed will inundate the courts as tenants seek

legal redress for improvements they made to the land. The results will be dire for

Suva City, the largest urban center – where will these tenants; some of whom are

doctors, company executives, bank managers, magistrates and other professionals go

to? Under the leasing provisions of NLTA buildings become part of the land and so

cannot be dismantled, the likely effect would be catastrophic.

This is a problem that government is thinking about and if land reforms are

implemented could see the uncertainty and insecurity associated with lease renewal

become a thing of the past. The People’s Charter also examines the possibility of an

overhaul of the legislative structure that governs land leasing in Fiji so as to bring in

57 Kikau., R 2003, “Government plans to re-settle displaced farmers”, The Fiji Times, (FT 04/03), p4


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a new era of equitable benefits58 for both landlords and tenants through a market

driven framework for the utilization of land. In order to remove the fear factor from

both sides of the divide and to ensure that such a policy is sustainable there must be

empowerment of indigenous landowners’ rights to access and lease59 native land. It

must effectively spearhead individual indigenous landowner’s participation in

commerce and entrepreneurship and enhance the financial and technical advisory

capacity of ILTB in business.60

Environmental – It is obvious that Fiji and other Pacific Island Countries (PICs)

have had to develop at a rapid pace (ie. change from subsistence to consumer

society) to keep abreast with their trade partners, (usually more affluent developed

countries) in terms of infrastructure, utilities and services to not only improve the

local economy but more importantly attract foreign investment.

This swift and often ad hoc growth has put greater demand on limited resources and

stretched government and private sector funds to unsustainable levels. It is an

exercise in futility to attract foreign investment if the available local infrastructure,

utilities and services cannot provide the necessary support for any business operation

to function efficiently.

In order to provide the necessary levels of support, central and local government are

burdened with the colossal task of satisfying all these competing interests and have

no alternative but to commit hefty sums of money and large tracts of undeveloped

land to bring these essentials to fruition. There must be a planned and controlled

approach to the investment driven infrastructure development in order to avoid

adverse environmental impact especially in the urban and peri-urban areas where

most of the infrastructure construction works will take place. This could lead to

environmental degradation and economic distortion in these areas. The reconciliation

of these competing economic, social and environmental interests forms the crux of

the sustainable development paradigm.

58 Peoples Charter for Change, Peace and Progress – Pillar 6 59 Peoples Charter – Pillar 6 (The Way Forward) 60 ibid Peoples Charter – Pillar 6


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A good example of this type of investment driven development is in the mining

sector. With these million dollar investments, immediate benefits are the

employment of locals and the export earnings from those commodities but the long

term threat to the environment cannot be immediately ascertained. Recently, the

Department of Mineral Resources (DoMR) refuted claims by Naivicula villagers in

the district of Naloto61 that waste from the nearby mine was being diverted into the

Wainivesi River. The Director for DoMR, reiterated that “water collected during the

mining process is diverted, settled, treated then discharged in a controlled manner.”

The villagers are not convinced because the water is always murky and they have

noticed a decline in the tilapia fish stocks and other delicacies in the river.

The mine has a mining license, land lease and operations license, all which required

an EIA to be conducted prior to approval being granted to determine whether

operations/activities on site are within acceptable standards and sensitive to the

environment in which it is located. The capacity to determine in advance the extent

of impacts/damage likely to be produced can be relatively well predicted now if the

EIA is completely properly – such predictions are required in many jurisdictions

before any decision on project approvals is made.

At the development application stages, developers and company executives are

required to provide accurate and sufficient information to facilitate the assessment

process and approval requirements. The preparation of an EMP and associated

monitoring strategy are normally components included in EIA reports and follow up

conditions of approval. An on-going environmental management plan to monitor the

impacts and generate mitigation steps if necessary is a necessary condition of any

EIA report.

It is imperative that the principles of sustainability and resource management form an

integral part of the decision making process on all development projects, policies and

strategies especially in the PICs where resources are particularly limited and a

swiftly diminishing commodity. This will ensure that the actions of the present

populace does not deprive future generations their opportunity to utilize and enjoy

61 Nadore, I. 2010, “There is no dumping” The Fiji Times, (FT 04/10), p16


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the same land resources. These plans are often reactionary and are in essence limited

remedial actions that aim to provide greater levels of development controls and

strategic legislative monitoring policies that address all facets of development i.e.

from planning and design to construction and occupation through to operation,

maintenance and upgrade. The objective is to enhance development through

sustainable options that balance competing interests through either adverse impact

minimization or avoidance and where neither are possible, remedial actions.

Chapter 2 – Legislative framework: Project and Policy

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The objective of chapter 2 is to assess Fiji’s environmental and resource management

policy, plans or programs for various activities in particular information collection

for development decisions. It will review concepts and definitions of these

assessment processes and applications for national and regional level collaboration.

This chapter examines Fiji’s development control processes that are applied by

approving authorities in particular the inclusion of a project EIA in the overall

process and extends to SEA initiatives for wider planning and policy considerations.

The focus is mainly on the Fiji context but where local examples are not available a

regional context is used to illustrate similar situations.

2.1 Legal Framework - Environmental Management Act 2005

This legislation was enacted “for the protection of natural resources, control and

management of developments, waste management and pollution control and for the

establishment of a National Environment Council and for related matters” in the Fiji

Islands and extends to Fiji’s exclusive economic zone within the meaning of the

Marine Spaces Act.

The purpose of EMA as outlined in section (3) of the Act is to “apply the principles

of sustainable use and development of natural resources and to identify matters of

national importance for Fiji.” Under section (27); the approving authority must:

(a) examine every development proposal received by it; and

(b) determine whether the activity or undertaking in the development

proposal is likely to cause significant environmental or resource

management impact.

These examinations must take into account the following62:

(a) the nature and scope of the activity in the proposed development;

(b) the significance of any environmental or resource management 62 s(27)(2) of EMA


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impact;

(c) whether there exist any technically or economically feasible measures

that would prevent or mitigate any adverse environmental or resource

management impact; or

(d) any public concern relating to the activity or undertaking.

This makes it clear that government’s intention is to promote the principles of

sustainability in the allocation and utilization of natural and physical resources. The

Act lists a diverse range of issues that constitute matters of national importance63 in

regards to the use and utilization of natural and physical resources, such as

preservation of coastal environment, recognition of indigenous Fijians ancestral and

sacred lands through to the protection of human life and health.

Section (4) says that EMA “binds the government” so this means that the

government must comply with the Act and agrees to waive any immunity it may

have from prosecution. If for example government carries out developments and

infrastructure expansion, it must do so according to the provisions of the Act and

wherever applicable submit plans for approval and acquire the necessary permits.

Section (5) says that the “Act carries out its functions in addition to and does not

derogate from any other written law” which means that all the existing laws

pertaining to natural resources are still in effect and co-exist with EMA. EMA acts as

an umbrella and simply brings them together under one comprehensive document to

address environmental and resource allocation and utilization issues.

Section (6) Prohibits contracting out and renders all contracts, entitlements and

agreements limiting or excluding the application of this Act void.

Part 4 deals with environmental impact assessment and prescribes the relevant

procedures to follow for development proposals that are likely to cause significant

impacts. EMA Part 5 deals with waste management and pollution control. EMA Part

6 deals with offences and penalties for violations or non-compliance matters.

63 s(3)(3) of EMA


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2.1.1 Project and Policy Assessment

Fiji’s legislative framework that administers and monitors developments are targeted

at two specific levels of the development process. These are at the project and policy

level. At the project level, all elements of a proposal are scrutinized with regards to

the nature, scope and extent of that particular project and how to minimize or

mitigate impacts to the locality where the project is situated. Whereas at the policy

level the decisions tend to be more broad based and deal with development impacts

in the larger context and how policy changes can be made to address such issues.

When a development proposal is submitted for building consent at the approving

authorities i.e. city council/rural authority, DoE, DTCP, these are processed and

subjected to various planning, engineering, health and environmental checks before a

decision is made on whether or not to grant consent for development.

At the project level, the application of various planning and amenity, environmental

and public health laws to individual cases is relatively straightforward. The

applicable laws at the project level provide a level of control and a system to monitor

developments on a case by case basis. This works well but the problem is that

collectively these projects pose a greater threat. For example, when the Natadola

Beach Hotel was developed the impacts were considered in the context of that one

property – now if three such complexes are developed in the vicinity then what are

the likely collective impacts on the surrounding environment?

At the project level, each proposal satisfies the Environmental Impact Assessment

(EIA) (refer section 2.2 of this chapter) requirements and attained approval for

construction however collectively these projects pose a greater threat to the locality.

There will be more waste generated, more waste to dispose of and manage, more

demand on resources, clearing and subdivision of land for roads and pavement,

increased demand for sewerage disposal and treatment, waste water catchments and

increased water traffic in the foreshore. These all increase the pressure on the

environment around the developments and the corresponding infrastructure

developments e.g. roads, bridges, culverts, etc to support these investments, will

collectively have a more profound and significant impact.


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This is where a Strategic Environmental Assessment (SEA) (refer section 2.3 of this

chapter) plays an important role in monitoring sector or regional development plans

at the macro level. This means that government and approving authorities work

together to formulate effective strategies that control the extent and scope of

development in high demand localities for national and regional environmental

security. This can be done by ensuring that large developments ie. 200 room hotels

are not clustered together in one stretch of beach. There must be effective policy

level restrictions in place to prevent a dozen 200 room hotels being developed along

the same ideal stretch of beach/coast. SEA is suitably forward thinking in its

approach and can deal with many of these difficulties, as it:

� integrates environmental issues into sector or regional planning and

decisions;

� considers alternatives or mitigation measures beyond project level; and

� involves consultation and control on more strategic issues.

There should be a seamless interchange between the project level EIA and policy

level SEA evaluation processes so that there is a direct link between the reality on the

ground and the policy framework that govern it. This simply means that the

information and data that is available for making decisions should be relevant,

current and as comprehensive as practicable in reflecting what is happening at the

locality. Data collected from project level applications can be used to effectively

formulate policy level responses.

In any EIA process, particular attention should be given to data acquisition and

management, as well as minimization of negative impacts of proposed undertakings.

An easy and simple way to understand what an EIA is all about is to think of it as a

systematic process to identify, predict and evaluate the environmental effects of any

proposed development activity.64 This process is applied prior to significant

decisions and commitments being made.



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A broad definition of environment is adopted. Whenever appropriate social, cultural

and health effects are considered as an integral part of an EIA and must be properly

assessed for each significant proposal. Environmental impact assessment of projects

is a component of SEA, but EIA and SEA have some key differences that are

summarized in Table 2 for easy comparison.

The main difference is the level at which the impacts are assessed; EIA – project

level (usually individual development, location specific; one physical address) versus

SEA – policy level (cumulative effects of developments, locality specific; suburb,

town, country).

Table 2: Some Comparisons between EIA and SEA

EIA of Projects SEA of Policies, Plans and Programs

Takes place near the end of decision-making cycle: aims to minimize impacts

Takes place early in decision-making cycle: aims to prevent impacts

Reactive approach to development proposals

Pro-active approach to development proposals

Considers limited number of feasible alternatives

Considers broad range of potential alternatives

Limited review of cumulative effects Cumulative effects assessment is key to SEA

Emphasis on mitigating and minimizing impacts

Emphasis on meeting environmental objectives, maintaining natural systems

Narrow perspective, high level of detail Broad perspective, lower level of detail to provide vision and overall framework

Well-defined process, clear beginning and end

Multi-stage process, overlapping components, policy level is continuing, iterative

Focuses on standard agenda, treats systems of environmental deterioration

Focuses on sustainability agenda, gets at sources of environmental deterioration

source: Adapted from UN Environment Program


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Although project level EIA is widely used and accepted as a useful tool in decision-

making, it reacts to development proposals rather than proactively anticipating them.

The disadvantage to project level EIA is that they are generally limited to the

project's direct impacts. This approach ignores a wide range of impacts, including:

� cumulative impacts: the environmental impacts of multiple plans, projects

and other actions;

� regional or global impacts: impacts that go beyond the local, project level;

� indirect, secondary or induced impacts: impacts that occur several steps

away from the original action, for instance new houses that generate more

vehicle movements that increase air pollution that affect the flora in an area;

Another way of subdividing environmental issues is to group them under ‘green’ and

‘brown’ agendas. The green agenda focuses on natural resource management and

environmental protection issues, such as rural land and water use, forestry and

fisheries and habitat and species conservation. The brown agenda is concerned with

issues of industrial pollution, waste management and urban development.

When undertaking EIA, a comprehensive view should be taken of the linkages and

interactions among the issues under review. Also, the EIA should identify both the

benefits and costs of development. In practice, EIA often focuses on the adverse

environmental impacts of proposed actions and how these can be reduced or

eliminated. This is done by reference to certain key baseline characteristics, which

establish the potentially significant effects and balance these against the overall

project benefits to the community, city or region. It is actually intended to balance

the positive and negative impacts and to use these project level considerations for

informed decision making on the project itself and at planning or policy level.

The assessment of the impacts of a development proposal can be direct, such as the

effect of toxic discharge on air and water quality, or indirect, such as the effect on

human health from exposure to particulates or contaminants which have built up in

food chains.


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Other environmental and social impacts are induced, for example by a new road

opening up an undeveloped area to subsequent settlement or by involuntary

resettlement of people displaced by the construction of a large reservoir.

Certain adverse impacts may appear relatively insignificant when considered in the

context of an individual action or proposal but have a cumulative effect on the

environment when added to all other actions and proposals; for example,

deforestation resulting from plot by plot clearance for subsistence agriculture. It is

through such systematic analyses that proper decisions can be made regarding

development proposals and proper considerations given to the exact nature of the

potential impacts on the locality.

The idea is to minimize and mitigate the negative impacts and establish an

information sharing network which will assist government and approving authorities

make more informed decisions.


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2.2 Environmental Impact Assessment

Environmental Impact Assessment is defined as a systematic process to identify,

predict and evaluate the environmental effects of proposed development activities or

undertakings.65 Principle 17 of the Rio Declaration on Environment and

Development states:

“Environmental impact assessment, as a national instrument, shall be undertaken for

proposed activities that are likely to have a significant adverse impact on the

environment and are subject to a decision of a competent national authority.”

An EIA is conducted prior to any approvals being granted, usually as part of the

application for development permission process to either the municipal councils or

local government authority and involves various important assessments of the

proposal.

These assessments include but are not limited to:

� social aspects (such as impacts on employment, community interaction);

� risks (such as threats to native animals, water supplies);

� life cycle (such as the impacts at each stage of the project – design through to

operation and closure); and

� energy (such as use of non-renewable energy sources, Greenhouse gas

emissions), etc

� infrastructure (such as water, effluent, garbage)

The environmental challenges facing different parts of the world are many and

varied. For example, many small Pacific Island states are vulnerable to natural

hazards and threatened by sea level rise due to global warming and other countries

may face increases in water scarcity and associated environmental stresses as a result

of climate change. That is why the situation on the ground ultimately determines the

specific assessment required in each EIA report.



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2.2.1 A General Guideline for EIA

The EIA practice under EMA is conducted to determine whether the activity or

undertaking in the development proposal is likely to cause significant environmental

or resource management impact and what measures can be implemented to enhance

the positive and minimize negative impacts. Significant environmental and resource

impacts refers to the impacts on the environment, either in the context of the setting

of the proposed development or in the context of the intensity of the proposed

development’s effect on the environment, and includes but is not limited to the

degree:

1. To which the public health and safety are affected

2. To which the unique characteristics and geographic area are affected

3. To which the effects on the environment are likely to involve controversy

4. To which a precedent for future action is created

5. Potential for cumulative environment impacts

6. To which the natural functioning of the ecosystem is likely to be inhibited

7. To which the cultural, traditional, natural, scientific, or historic resources are

threatened

8. The potential threat to the existence of protected and endangered species or

their critical habitats

The important stages are screening, scoping, analysis / mitigation, report review and

monitoring, and decision-making. Most EIA processes have a common structure (see

Figure 4) and the application of the main stages is a basic standard of good practice.

Typically, the EIA process begins with screening and ends with some form of follow

up on the implementation of the decisions and actions taken as a result of an EIA

report. The idea is to determine with some degree of accuracy the extent of impacts

likely to be produced and through various layers of assessments and analysis

determine appropriate measures to eliminate, minimize or mitigate such impacts. The


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final approval depends largely on how well the project can enhance positive benefits

and minimize negative impacts.

Figure 4: A Generalized EIA Process flowchart

source: UNEP , 2006: Key Elements of the EIA Process.

*Public involvement

Proposal Identification

Initial environmental examination

No EIA EIA Required

Screening

Scoping

Impact analysis

Mitigation and impact management

EIA Report

Review

Decision making

Not Approved Approved

Redesign

Resubmit

Implementation and follow up

*Public involvement

*Public involvement typically occurs at these points. It may also occur at any other stage of the EIA Process

Information from this process contributes to effective future EIA


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In Fiji’s EMA, unless the context otherwise requires:

� “approving authority” means a Ministry, department, statutory authority,

local authority or person authorized under a written law to approve the

proposal;

� “environmental authority” means the Department responsible for

Environment

� “environmental tribunal” means the appellant authority established by

section (56) of EMA; adjudicates on all EIA case appeal matters.

2.2.2 What are the aims and objectives of an EIA?

The aims and objectives of an EIA can be divided into two categories – immediate

and ultimate. An immediate aim of an EIA is to provide accurate and current

information to help in the decision-making process by identifying the potentially

significant environmental effects and risks of development proposals.66 The ultimate

aim of an EIA is to promote sustainable development by assessing positive elements

and negative impacts and by ensuring that development proposals do not undermine

critical resource and ecological functions or the well-being, lifestyle and livelihood

of the communities and people who depend on them.67

The objectives of an EIA are to ensure that with projects likely to cause significant

environmental and resource management impact, environmental and social issues are

balanced against economic benefits and taken into account before development

consent is granted. It also endeavors to formulate practices aimed at preventing,

mitigating and offsetting significant adverse effects of development proposals and

activities. These assessments look at:

� how to enhance the environmental design of the proposal to ensure that

resources are used appropriately and efficiently;68 66 UNU, (2006), EIA Course Module, Perspectives on sustainable development in “Ch 1-2: Purpose and aims of EIA”, pg 93 67 UNU, (2006), EIA Course Module, Perspectives on sustainable development in “Ch 1-2: Purpose and aims of EIA”, pg 93 68 ibid pg 93


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� how to identify appropriate measures for mitigating the potential negative

impacts of the proposal;69 and

� how to facilitate an informed decision making process which includes setting

the environmental terms and conditions for implementing the proposal.70

It is important to contextualize the EIA processes in terms of its long term goals and

to understand exactly what benefits we are safeguarding for future generations.

These long term goals may include (but are not limited to), informed decision-

making, data acquisition for primary and peripheral issues. These benefits aim to

protect human health and safety and to avoid irreversible changes and serious

damage to the environment. It safeguards valued resources, natural areas and

ecosystem components and enhances the social aspects of the proposal.

Although each proposal is different and offers its own set of issues and impacts the

overall purpose of any EIA can be summarized as:

� to provide information for decision-making on the environmental

consequences of proposed actions; and

� to promote environmentally sound and sustainable development through the

identification of appropriate enhancement and mitigation measures.

An EIA is conducted to achieve a balance between maximizing positive outcomes

and minimizing negative impacts of development proposals, and has become an

important planning tool to promote sustainable development by integrating

environmental considerations into a wide range of proposed actions.

2.2.3 EIA Process under EMA

For Fiji, all facets of an EIA are covered in Part 4, sections (27) – (34) of EMA

which includes:

s(27) –duties of the approving authority

s(28) –the EIA process 69 ibid pg 93 70 ibid pg 93


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s(29) –EIA reports

s(30) –Reviewing of EIA reports

s(31) –Approval

s(32) –Monitoring

s(33) –Development proposals that are subject to an EIA

s(34) –Public hearings

The specific functions and requirements of the EIA process are defined in Section

(28) of EMA and the approving authority must follow the guidelines of the Act. The

level of scrutiny and evaluation of each proposal is dependent on the size and

location of the development and more importantly its environmental and social

impacts to the locality.

Under s(28)(1) The environmental impact assessment process for a development

proposal must be undertaken as follows-

(a) screening in accordance with this Part;

(b) scoping in accordance with this Part;

(c) preparation of an EIA report under this Part;

(d) reviewing the report under this Part;

(e) decision on the report under this Part; and

(f) in accordance with any other prescribed procedures.

Screening

This refers to the initial appraisal of the proposal done by the approving authority.

This preliminary evaluation considers the potential adverse impacts of the proposal

and environmental protection issues. The decision on whether or not an EIA is

required is based on this initial assessment. The idea is to prevent or better yet avoid

adverse impacts by identifying potential significant environmental risks early in the


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vetting process. It is easier to change development proposals then it is to engage in

expensive technical negative impact abating solutions under an Environment

Management Plan (EMP).

The screening process is designed to achieve one of four specific outcomes71. These

are:

� no further level of EIA is required;

� a full and comprehensive EIA is required;

� a more limited EIA is required (often called preliminary or initial

assessment);

� further study is necessary to determine the level of EIA required, often called

an initial environmental evaluation or examination [IEE]

Depending on the outcome of the screening process, the basis for the next stage,

scoping, is usually established and this helps to identify the key impacts or a Terms

of Reference to be studied and defines the terms of reference for an EIA72. The

specific methods used in screening include73:

� legal (or policy) definition of development proposals to which EIA does or

does not apply

� a list of projects for which an EIA is automatically required; exclusion list of

activities which do not require EIA because they are insignificant or are

exempt by law (e.g. national security or emergency activities) Note: these are

listed in parts 1, 2 & 3 of Schedule 2, Section 27 of EMA.

� criteria for case-by-case screening of proposals to identify those requiring an

EIA because of their potentially significant environmental effects.

71 UNU, (2006) EIA Course Module, Perspectives on sustainable development in “Ch 4-2: Screening procedures”, pg 136 72 ibid 73 ibid


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Scoping

Scoping refers to the early, open and interactive process of determining the major

issues and impacts that will be important in decision-making on the proposal, and

need to be addressed in an EIA.74 It deals with the preparation of the Terms of

Reference that outlines the specific issues and components arising from the proposal

that the EIA report will investigate and review. This is done to ensure that only

significant environmental impacts are extensively investigated.

The purpose of scoping is to identify75:

� the important issues to be considered in an EIA;

� the appropriate time and space boundaries of the EIA study;

� the information necessary for decision-making; and

� the significant effects and factors to be studied in detail.

The main objectives for scoping are public awareness, stakeholder participation (e.g.

public and private sector, NGOs, communities, senior citizens), initial discussion on

alternatives to the proposal and the identification of significant impacts to be

addressed by an EIA. In regards to the EIA, scoping helps define the perimeters of

the EIA, and establishes the Terms of Reference.

The scoping process itself can vary in scope, complexity and time taken. It is usually

the scale and intensity of the proposal that determines whether a comprehensive or

limited approach is appropriate. A comprehensive scoping process will include all or

a combination of the following functions76:

� identify the range of community and scientific concerns about a proposed

project or action;

74 UNU, (2006) EIA Course Module, Perspectives on sustainable development in “Ch 5-2: Purpose of scoping”, pg 140 75 ibid 76 ibid


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� evaluate these concerns to identify the significant issues (and to eliminate

those issues which are not important); an

� organize and prioritize these issues to focus the information that is critical for

decision making, and that will be studied in detail in the next phase of EIA.

Preparation of an EIA Report

The purpose of the EIA report is to provide a coherent statement of the potential

impacts of a proposal and the measures that can be taken to manage them. It contains

essential information77 to facilitate:

� the proponent to implement the proposal in an environmentally and socially

responsible way;

� the approving authority or EIA Administrator to make an informed decision

on the proposal, including the terms and conditions that must be attached to

an approval

� the public to understand the proposal and its likely impacts on people and the

environment.

A successful EIA report that meets these aims78 will be:

� actionable – a document that can be applied by the proponent to achieve

environmentally sound planning and design;

� decision-relevant – a document that organizes and presents the information

necessary for project authorization and, if applicable, permitting and

licensing; and

� user-friendly – a document that communicates the technical issues to all

parties in a clear and comprehensible way.

77 UNU, (2006) EIA Course Module, Perspectives on sustainable development in “Ch 8-1: What is an EIA Report?”, pg 113 78 ibid


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The EIA report will be prepared after the investigation and analysis of the issues

identified in the Terms of Reference and must include all information pertaining to

the extent of the development and environmental impacts in order for the approving

authority to make an informed decision on whether the proposed activity may be

carried out on the chosen site.

Reviewing the EIA Report

The purpose of a review is to ensure that the information which was gathered in the

compilation of the report is complete and of good quality. It must report on accurate

and current issues and address the concerns stipulated in the terms of reference.

When undertaken as a formal step, it acts as a final check on the quality of the EIA

report submitted and is used by the approving authority or EIA Administrator to

make a decision on the proposal.

The key objectives of a EIA review are to79:

� assess the adequacy and quality of an EIA report;

� take account of public comment;

� determine if the information is sufficient for an informed decision; and

� identify, as necessary, the deficiencies that must be addressed before the

report can form the proper basis for a decision.

Once an EIA Report is submitted, the approving authority or EIA Administrator will

review the report. This is done to ensure that proper methods were followed to assess

the environmental impacts of the proposed activity and determine the intensity and

significance of such impacts.

If the EIA Report is deemed not to have addressed the issues sufficiently then further

investigation will be required on impact identification, nature of the impacts and

extensive analysis of the impacts to determine their magnitude, extent and effect.

79 UNU, (2006) EIA Course Module, Perspectives on sustainable development in “Ch 9-1: Role and Purpose of the EIA Review process”, pg 104


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Decision on the EIA Report

Upon a satisfactory review of an EIA Report the approving authority or EIA

Administrator will either grant consent for the proposal or grant conditional

approval. If conditional approval is granted, it may require changes to the proposal to

minimise the negative impacts and maximise the positive outcomes.

It is important for the approving authority or EIA Administrator to be aware of their

responsibility to implement the EIA process and use its results to better manage the

environmental impacts and risks of a proposal.80 It is imperative that decision-makers

understand:

� the basic concept, purpose and expectations of an EIA;

� EIA requirements, principles and guidelines that are applicable;

� the effectiveness of their implementation and the implications for decision-

making;

� limitations that may need to be placed on information and advice contained in

an EIA report;

� how EIA process and practice measures up to internationally accepted

standards and to those in place in comparable countries; and

� the issues associated with public consultation in decision-making, including

third party and legal challenges to the authorization of proposals subject to

EIA.

The systematic assessments of content for development proposals that require an EIA

are prescribed in Part 3 of the Environment Management (EIA Process) Regulations

2007.81

80 UNU, (2006) EIA Course Module, Perspectives on sustainable development in “Ch 10-1: Role of decision makers”, pg 98 81 EM(EIA) Regulations 2007


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Once the processing authority has receipt of a development proposal to which the

EIA process applies, it must according to Regulation (11)(2) of EM(EIA)

Regulations 2007 –

(a) perform a scoping exercise in relation to the proposal;

(b) finalize the TOR on the proposal;

(c) require the proponent to have an EIA study performed and an EIA

Report written on the proposal;

(d) arrange for review of the EIA report;

(e) in the light of the EIA report, decide whether to grant EIA approval of

the proposal, with or without conditions, as provided by section 31 of

the Act.

The procedures prescribed in the EM(EIA) Regulations 2007 are comprehensive and

provide clear guidelines to be followed by both developers and relevant authorities.

2.2.4 Monitoring

Monitoring is a continuous process that aims primarily to provide project

management and give the main stakeholders early indications of progress or lack of

progress towards achieving project objectives. A progress analysis during project

implementation through monitoring serves to validate the initial assessment of

relevance, effectiveness and efficiency or to fill in the gaps. It may also detect early

signs of the project’s success or failure.

Under s32(1) of EMA, a proponent must prepare and implement either an

environmental or resource management plan, monitoring programme, protection plan

or mitigation measure, whichever is required as a condition of any approved EIA. It

also provides for the EIA Administrator or an approving authority to conduct any

inspection to determine compliance with the provisions of the approved EIA Report.

Monitoring assists project managers and the approving authority to address any

impediments to progress and make adjustments so that results can be achieved within

the designated timeframe. Monitoring is an internal process that also looks at project


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processes (both programmatic and financial) and makes changes in assumptions and

risks associated with target groups, institutions or the surrounding environment.

2.2.5 Public hearings

Another important component of the EIA process is the public participation exercise.

This is important since impacts from the proposed developments will have a direct

impact on their homes, families and neighborhood. Under s(34) of EMA, the

developers are required to call for public hearings and must submit a report to the

approving authority for further consideration. The purpose of public involvement is

to:

� inform the stakeholders about the proposal and its likely effects;

� canvass their inputs, views and concerns; and

� take account of the information and views of the public in the EIA and

decision making

Nearly all EIA systems make provision for some type of public involvement that

facilitates a more interactive and intensive process of stakeholder engagement. Most

EIA processes are undertaken through consultation rather than participation. At a

minimum, public involvement must provide an opportunity for those directly

affected by a proposal to express their views regarding the proposal and its

environmental and social impacts.

The key objectives of public involvement are to:

� obtain local and traditional knowledge that may be useful for decision-

making;

� facilitate consideration of alternatives, mitigation measures and tradeoffs;

� ensure that important impacts are not overlooked and benefits are maximized;

� reduce conflict through the early identification of contentious issues;


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� provide an opportunity for the public to influence project design in a positive

manner (thereby creating a sense of ownership of the proposal);

� improve transparency and accountability of decision-making; and

� increase public confidence in the EIA process

These public hearings provide reassurance to communities in the vicinity of the

proposed development that their views are valued.

2.2.6 Mitigation

The crux of any EIA process is to identify mitigation or enhancement measures; this

is a critical component of the EIA process. It aims to maximize positive effects and

prevent adverse impacts and to keep those that do occur within an acceptable or

manageable level. There are several opportunities throughout the project cycle82 for

appropriate measures to be considered and incorporated into the project. The

objectives of mitigation measures83 are to:

� find better alternatives and ways of doing things;

� enhance the environmental and social benefits of a proposal;

� avoid, minimize or remedy adverse impacts; and

� ensure that residual adverse impacts are kept within acceptable levels.

Early links should be established between the EIA and project design teams to

identify appropriate opportunities and incorporate them into consideration of

alternatives and design options. In practice, mitigation is emphasized in the EIA

process once the extent of the negative impact of a proposal is reasonably well

understood. This typically takes place following impact identification and prediction,

and recommended measures for mitigation will be an important part of the EIA

report. Usually, these measures will be incorporated into the terms and conditions of

82 “project cycle” is used to describe the various phases of a development. The phases of the project cycle should be viewed as iterative steps, not as a linear set of sequential steps. 83 UNU, (2006) EIA Course Module, Perspectives on sustainable development in “Chapter 7-1: Link between EIA process and Mitigation”, pg 117


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project approval and implemented during the impact management stage of the EIA

process. The objectives of the impact management84 process are to:

� ensure that mitigation measures are implemented;

� establish systems and procedures for this purpose;

� monitor the effectiveness of mitigation measures; and

� take any necessary action when unforeseen impacts occur.

The adverse impacts and consequences of a proposal can occur far beyond the site

boundaries of a project. In the past, under specific development legislation e.g.

Mining, Forestry, TP Act, many of the real costs or benefits of development

proposals were not accounted for in economic analyses of project feasibility,

particularly in the operational and decommissioning phases of the project cycle. As a

result, these costs were borne by the community affected or the public at large rather

than by the proponent. An example is the restructure and downsizing of operations at

the gold mine in Vatukola and how that single exercise brought the small town of

Tavua to the brink of economic and social collapse.85 Prior to its restructure, it was

the largest employer in the town and when 1700 miners lost their jobs, there was no

money going back into the local economy which meant all forms of business in the

small town suffered. This one restructure affected the entire town.

Stricter requirements are now being imposed on proponents to:

� mitigate negative impacts through better project design and environmental

management;

� provide benefits to the community affected by the proposal;

� prepare plans for managing negative impacts so these are kept within

acceptable levels; and

� make good any residual environmental damage

84 ibid 85Fiji Times newspaper article, date of article: 06/12/2006, “Fiji gold mine closes, 1700 jobless”, [online] http://www.fijitimes.com/story.aspx?id=52971 (date accessed: 15th October 2010)


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The responsibility of proponents to ‘internalize’ the full environmental costs of

development proposals is now widely accepted. In addition, many proponents have

found that good design and impact management can result in significant benefits.

This outcome is similar to that found in industries applying the principles of cleaner

production to improve their environmental performance. Like cleaner production,

mitigation measures are more expensive in capital outlay but have been found to be

cost effective over the long run.

The sustainability agenda is placing new demands on proponents with regard to

mitigation and impact management. For example, increasing attention is being given

to the principle of ‘no net loss of natural and social capital’.86 Under the polluter pays

principle, the application of this principle could require the proponent to make

restitution for unavoidable residual damages. In this case, mitigation would include

in-kind compensation measures, comprising equivalent, comparable or suitable

offsets for all residual environmental impacts of a proposal.

2.2.7 EIA stage for considering mitigation measures

Mitigation measures are often located after the evaluation section in the EIA Report;

after the analysis and comparison of alternatives has been reported. This gives the

impression that first a preferred alternative has been selected and second that

mitigating measures have been added to the project. This process may seem to be

appropriate, but unless there has been a review of all the alternatives, there is a

chance that the chosen option, (with mitigation measures), may actually not be the

optimum option. In particular the mitigation measures may add costs to the preferred

alternative. It could be that in total the cost becomes greater than a second alternative

that had less impact on the environment. In this situation the second alternative

would have been preferable to the one chosen – having both less impact and being

cost effective.

Consequently, the stage for thinking about mitigation measures should be prior to the

comparison of the alternatives. The point of considering safeguards before

86 UNU, (2006) EIA Course Module, Perspectives on sustainable development in “Chapter 7-1: Link between EIA process and Mitigation”, pg 119


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comparison is to encourage the analyst to think about the extras that may have to be

added onto the basic proposal, before the evaluation of the proposal is undertaken.

This will help to ensure that the comparison, or evaluation, of alternatives is

conducted when all the relevant information and costs are included. A crucial point

to remember is that after safeguards are added to a proposal, the alternatives may

become more attractive to the decision maker.

3 Step Mitigation Process

A three-step mitigation process can be applied to relate the hierarchy of elements into

the stages of the EIA process. As project design becomes more detailed, the

opportunities for negative impact avoidance often narrow and the concern is to

minimize and compensate for unavoidable impacts. However, these distinctions are

not rigid and opportunities for creative mitigation should be sought at all stages of

EIA and project planning. The elements of mitigation are organized into a hierarchy

of actions. These are:

� first, avoid adverse impacts as far as possible by use of preventative design

measures;

� second, minimize or reduce adverse impacts to ‘as low as practicable’ levels;

and

� third, remedy or compensate for adverse residual impacts, which are

unavoidable and cannot be reduced further.

Mitigation can be carried out in two broad categories;

� structural measures, such as design or location changes, engineering

modifications and landscape or site treatment; and

� non-structural measures, such as economic incentives, legal, institutional and

policy instruments, provision of community services and training and

capacity building.

It is aptly represented by an inverted pyramid (Figure 5) – which shows the most

preferable options at the top and the least desirable outcomes at the nadir. The wide

base at the top indicates this is what most decision makers want as the outcomes of


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any mitigation process. Similarly, the narrow tip of the pyramid indicates the general

consensus to avoid these outcomes.

Figure 5: Elements of Mitigation

source: adapted from UNEP, 2006.

Step One: Impact avoidance.

This step is most effective when applied at an early stage of project planning. It can

be achieved by:

� not undertaking certain projects or elements that could result in adverse

impacts;

� avoiding areas that are environmentally sensitive; and

� putting in place preventative measures to stop adverse impacts from

occurring, for example, release of water from a reservoir to maintain a

fisheries regime downstream of the dam.


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Step Two: Impact minimization.

This step is usually taken during impact identification and prediction to limit or

reduce the degree, extent, magnitude, or duration of adverse impacts. It can be

achieved by:

� scaling down or relocating the proposal (for example, realigning the route of

a proposed highway to avoid significant native vegetation or habitat)

� redesigning elements of the project (for example, to reduce the area of

reclamation of the coastal environment necessary for the project)

� taking supplementary measures to manage the impacts (for example,

developing a construction management plan with specific techniques)

Step Three: Impact compensation.

This step is usually applied to remedy unavoidable residual adverse impacts. It can

be achieved by:

� rehabilitation of the affected site or environment, for example, by habitat

enhancement and restocking fish;

� restoration of the affected site or environment to its previous state or better,

as typically required for mine sites, forestry roads and seismic lines; and

� replacement of the same resource values at another location, for example, by

wetland engineering to provide an equivalent area to that lost to drainage or

infill.

2.2.8 Limitations of EIA

The following bullet points show a list of widely recognized deficiencies of EIA

practice, these include:

� Technical shortcomings, expressed by the poor quality or reliability of many

EIA reports. The accuracy of impact predictions, the utility of mitigation and

management measures, and the relevance of reports for decision-making


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often fall short of internationally accepted standards.87 In Fiji, the Department

of Environment does not accept EIA reports unless it is prepared by

registered and recognized EIA Consultants.

� Procedural limitations, including inconsistencies or inadequacy in process

administration and guidance. Time delays and costs of applying EIA remain a

serious concern for project proponents.88 For example, settlements along the

Vatuwaqa foreshore that are directly affected by development activities are

more concerned with the lack of quality control of EIA studies or

enforcement of mitigation measures then with the administrative and

logistical processes.

� Structural issues, stemming from the application of EIA as a separate process,

unrelated to the project cycle or the larger context of decision-making. In

order to be effective, EIA requires a coherent and coordinated policy-

planning framework and systematic follow up procedures. In Fiji, neither area

is well established and unfortunately even though EMA is in effect, the DoE

lacks the necessary resources and staff to attend to these issues.89

2.2.9 EIA Practices and Outcomes

There are obvious variations in the quality of the EIA practice and outcomes across

different countries which in many ways is reflective of the legal provisions,

institutional arrangements and procedures that are in force in different jurisdictions.90

In addition, the quality of EIA practice varies on a case-by-case basis within the

same system, depending upon events, the complexity of the proposal, the experience

of those involved and the time and money allocated to conduct the EIA.

87 UNU, (2006) EIA Course Module, Perspectives on sustainable development in “Ch 1-5: Key elements of the EIA process”, pg 101 88 ibid 89 Kailola, P. et all (2008), “The National Capacity Self-Assessment Crosscutting Report for Department of Environment: Fiji, 2008” Retrieved from http://www.thegef.org/gef/sites/thegef.org/files/documents/document/ccr-Fiji.pdf. 90 UNU, (2006) EIA Course Module, Perspectives on sustainable development in “Ch 1-5: Key elements of the EIA process”, pg 101


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In summary, for any EIA to achieve optimum outcomes, there must be strict

compliance with internationally recognized standards and procedures. The following

targets should be within the reach of all EIA practice:

� screens out environmentally unsound projects;

� modifies the design of feasible proposals to reduce their environmental

impact;

� identifies the best practicable environmental option;

� predicts the significant adverse effects of proposals with reasonable accuracy;

� identifies mitigation measures that work successfully to avoid, reduce and

offset major impacts;

� influences decision making and approvals and the implementation of terms

and conditions; and

� results in environmental gains and benefits relative to other options.

2.3 Strategic Environmental Assessment (SEA)

What is SEA?

The simplest definition of Strategic Environmental Assessment (SEA) is to think of

it as the environmental impact assessment process applied to policies, plans and

programs,91 keeping in mind that the process of evaluating environmental impacts at

a strategic level is not necessarily the same as evaluating them at project level. It

deals with the assessment process at the administrative level of government that has

the authority to implement policy level change. It examines impacts based on the

benefits and disadvantages from the national level down and takes into consideration

the wider regional implications. For example, if the Fiji government decided to

develop a nuclear waste disposal site, then there would be impacts for the immediate

locality where the dump would be situated. Then there would be national level

concerns e.g. risk of nuclear leakage or contamination in the event of a tsunami or

earthquake, and even regional trepidation between Fiji and its Pacific Islands

91 UNU, (2006) SEA Course Module, What is SEA? pg 25


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neighbors as such a development in the region and the possible risks associated with

it could potentially cause wide spread damage.92

According to Sadler and Verheem93, SEA is:

"a systematic process for evaluating the environmental consequences of proposed

policy, plan or program initiatives in order to ensure they are fully included and

appropriately addressed at the earliest appropriate stage of decision making on par

with economic and social considerations."

There is also another more expansive definition presented by Therivel et al.94 that

offers a wider scope with a more extensive coverage which acknowledges decision

making in the public interest.

"the formalised, systematic and comprehensive process of evaluating the

environmental effects of a policy, plan or program and its alternatives, including the

preparation of a written report on the findings of that evaluation, and using the

findings in publicly accountable decision-making."

It is important to differentiate between EIA and SEA, as the two are separate

assessments and have different Terms of Reference (TOR) to address. SEA is meant

to be a continuous on-going source of environmental information throughout all

stages of the decision-making process and beyond. The stages do not necessarily

follow one another: for instance, the identification of alternatives may show that

other aspects of the environmental baseline need to be analyzed. It is not possible to

immediately ascertain all the policy, plan or program issues that need to be analyzed

so during the initial screening stage, environmental baseline indicators must be

determined. These will serve as a reference point and can be the basis from which

alternatives can be evaluated.

Table 3 below outlines the decision-making process for a SEA and it is divided into

three areas; plan-making stage – indicates at which stages certain outcomes are

92 Eg. Mururoa Nuclear Tests in French Polynesia 93 Sadler, B. and R. Verheem (1996) Strategic Environmental Assessment: Status, Challenges and Future Directions, Report no. 53, Ministry of Housing, Spatial Planning and the Environment, The Hague, The Netherlands. 94 Therivel, R. and M. Partidario (2000) "The future of SEA", Chapter 19 in M. Partidario and R. Clark, eds., Perspectives on strategic environmental assessment, Lewis, Boca Raton.


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expected, SEA stage – shows the various steps in any SEA process, and Purpose of

SEA stage – indicates the reasons for taking certain actions.

Table 3: Outline of the decision-making process of SEA

Plan-

making

stage

SEA stage Purpose of SEA stage

Early in the

plan-

making

process

Decide whether SEA is

needed: ‘screening’

Context setting - Describe

the environmental and policy

context that affects the plan:

Identify other relevant plans,

programs and environmental

protection objectives; Collect

baseline information; and

Identify environmental

problem.

Establish how the plan is

affected by outside factors;

provide an evidence base for

impact prediction and

monitoring; help focus the SEA

and streamlining subsequent

stages; suggest ideas for how

any constraints can be addressed;

and help to develop the SEA

framework.

Develop a SEA framework of

objectives and/or indicators

Provide a means by which the

environmental performance of

the plan and alternatives can be

assessed.

Early consultation

about the scope of the SEA

Ensure that the SEA covers the

likely significant environmental

effects of the plan.


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Plan-

making

stage


As the plan

evolves

Assessment and mitigation

Plan objectives: Test the plan

objectives against the SEA

framework; suggest

mitigation

Identify potential synergies or

inconsistencies between the plan

objectives and SEA objectives;

and help in developing plan

alternatives.

Plan alternatives: Inform the

development of plan

alternatives, and test the plan

alternatives against the SEA

framework; suggest

mitigation

Develop and refine plan

alternatives; predict the

significant environmental effects

of the plan alternatives; and help

in choosing the preferred option.

Draft plan: Test the draft

plan (preferred option)

against the SEA framework;

suggest mitigation

Predict the significant

environmental effects of the

draft plan; and help to fine-tune

the plan.

Consultation - Preparing the

SEA report, including

proposing monitoring

measures;

Present the predicted

environmental effects of the

plan, including alternatives.

Consult the public,

consultation bodies and

others on the draft plan and

SEA report

Give the public and others an

opportunity to express their

opinions on the findings of the

SEA Report and use it as a


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Plan-

making

stage


reference point in commenting

on the plan; and Gather more

information through the opinions

and concerns of the public and

others.

Assess any significant

changes made to the plan as a

result of plan examination

Ensure that the environmental

implications of any significant

changes to the draft plan are

assessed and taken into account.

After plan

adoption

Documentation and

monitoring

Provide information on

decisions

Provide information on how the

SEA Report and consultees’

opinions were taken into account

in deciding the final form of the

plan

Develop aims and methods

for monitoring

Track the environmental effects

of the plan to show whether they

are as predicted; and help to

identify adverse effects.

source: Adapted from ODPM (2005) A Practical Guide to the SEA Directive, London

2.3.1 What is the aim of SEA?

The main aim of SEA is to incorporate environmental and sustainability drivers into

the strategic decision-making process and enhance the policies, plans and programs

that address the socio-economic and environmental facets of development.95 This

95 UNU, (2006) SEA Course Module, What is SEA? pg 25


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helps to implement policies that can address the socio-economic benefits against the

environmental impacts or benefits from strategic policy as legislative actions. The

immediate goal of SEA is to ensure that decisions are driven by medium to long term

environmental and sustainable considerations for the benefit of the nation.

Secondary aims of SEA are to:

� improve strategic action by making it clearer, more internally consistent etc;

� involve the public or its representatives in the decision-making process; and

� educate decision-makers of the environmental impacts of their decisions.96

There are two basic criteria that must be fulfilled whenever a SEA is conducted; the

first is predicting the environmental impacts of a strategic action (i.e. establishing

baselines) and the second is using those predictions in all decision-making

processes97 (ie. establishing general remedial actions). There are several other terms

that are also used to refer to environmental assessment at the strategic level, these

include:

� policy environmental assessment;

� policy impact assessment;

� sector level e.g. rural or urban sector environmental assessment; and

� program specific environmental impact statement.

The term “SEA Report” refers to a report that describes the particular methods and

findings of the SEA process. The preparation of a SEA report is usually part of most

SEA processes and also serves as an account of the deliberations that lead to the

decisions that were ultimately made.

Essentially, SEA is a governmental mechanism seeking to incorporate policy

learning and adaptation in an early phase of policy planning.

96 ibid 97 UNU, (2006) SEA Course Module, Perspectives on sustainable development in “Ch 10-1: Role of decision makers”, pg 98


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Various users define the term SEA in different ways. According to one commonly

referenced definition, a SEA can be defined as the systematic and comprehensive

process of evaluating at the earliest possible stage, the environmental effects of a

policy, plan or program and its alternatives (adapted from Thérivel and Partidário

1996).

The key concept in this comparison is that the SEA process focuses on assessing all

types of potential environmental impacts of proposed policies, plans, or programs,

and seeks to incorporate environmental considerations into the development of

public policies. Its basic function is to facilitate policy learning and adaptation in an

early phase, before policies are formalized, interests are entrenched and potential

significant, irreversible damages occur.

2.3.2 PPP – Policy, Plan and Program

The 3P’s for any Strategic Environmental Assessment are Policy, Plan and Program.

� The Policy level is the decision making level of the process and this is where

particular policies are implemented after consultation with relevant

stakeholders and consideration of all the necessary issues.

� The Plan level is the actual process of targeting the policy at the particular

need and setting up clear objectives and timelines so that the plan follows a

prescribed schedule.

� The Program level is the commissioning of the project at the particular site.

SEA normally applies to public sector (government) decisions. The

(government: central & local) body that makes the decision is called the

competent authority.98 SEAs can be produced by the competent authority,

independent consultants, non-government organizations (NGOs), other

government bodies or a combination of these, but it is the competent

authority that makes decisions on the strategic action.

98 UNU, (2006) SEA Course Module, Perspectives on sustainable development in “Definitions & Examples of PPP’s and tiering”, pg 29


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Although policies, plans and programs (PPPs) are generally all described as strategic

actions, they are not the same and may require different levels and types of SEA

analysis. That is why SEA requires a multifaceted approach which assesses issues

and alternatives from many perspectives. Table 4 provides some definitions and

examples of strategic actions:

Table 4: Definitions and Examples of PPPs

Strategic action

Wood & Djeddour definition

Examples

Policy

inspiration and guidance for action

Whether to promote development on the foreshores of Fiji’s coastline?

Whether to institute a carbon tax?

Whether to promote genetically modified organisms in Fiji’s agricultural sector?

Plan

set of coordinated & timed objectives for the implementation of the policy

how much of the coastline to be allowed to develop by 2025?

who should be charged how much carbon tax starting when ?

a staged approach to testing and introducing genetically modified fruits and vegetables

Program

set of projects in a particular area

2 new developments with X capacity in area Y by 2025

a series of test sites for genetically modified products e.g. sugarcane – higher sugar content

source: adapted from Wood and Djeddour (1991)


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2.3.3 Outcomes of SEA

The outcomes of SEA are broad-based and targeted at policy level for wider benefits.

These include:

1. The identification of areas that are environmentally robust and can cope with

proposed development activities and areas that are environmentally sensitive

and where development should be avoided.

– Typically this is best done through overlay mapping, where multiple

layers of characteristics/attributes are superimposed upon each other

and scenarios run to predict different outcomes, for example: if

proposed development activities for the Suva Peninsula need to be

assessed then overlay mapping can help isolate and exclude vulnerable

areas from development by zoning these sites accordingly in the

approved development scheme plans for SCC & DTCP. Figure 6 is an

example of the overlay maps used for the Scandinavian Peninsula.

Figure 6: Overlay Maps

source: Adapted from SEA Training Module, Outcomes of SEA : 2006

Example of Overlay Maps: Scandinavian Peninsula


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2. The identification of alternatives to a strategic action that are more

environmentally sound and/or more sustainable.99 An example of this can be

if the Suva City Council conducted a SEA of the local transport plan under its

jurisdiction to improve efficiency and service delivery without increasing the

volume of public transportation vehicles on the roads. An example can be

permitting only limited buses into the Suva bus-stand, the rest to terminate

their journey at the outer limits of the Suva CBD.

3. The identification of constraints and suggesting more proactive and

sustainable ways of dealing with them. Let’s look at the Raiwai/Raiwaqa area

as an example, there is limited open space (e.g. playing fields, parks) and

these suburbs are densely populated. This is denying the public of

recreational facilities, access to safe public areas and biodiversity is

declining. The Suva City Council is currently exploring land use plan options

of creating more public areas. The most recent example is the recreational

area development along the Suva foreshore.100

With SEA such problems are easily identified and planners as well as local

government authority can provide suggestions for a range of innovative solutions to

enhance existing suburbs. Some examples include:

� improved recreational provision at existing open spaces

� greater utilization of backyards of new and existing homes for outdoor

activities

� improve access to public areas i.e. footpaths, walkways,

4. The identification of a preferred alternative, or reject alternatives. Figure 7

(refer next page) compares three alternatives (A, B and C) using a range of

sustainability criteria. Alternative A is clearly the least sustainable. This was

dropped from further consideration, and the plan-making process then

focused on various combinations of alternatives B and C.

99 UNU, (2006) SEA Course Module, Outcomes of SEA, pg 98 100 http://www.fijisun.com.fj/2012/12/14/nasese-foreshore-walkway-and-gardens-opened/


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Figure 7: Comparison of Evaluating Alternatives


5. The identification of mitigation measures to minimize or avoid negative

impacts. For instance, for a regional plan in an area where water abstraction

already exceeds water supply, a mitigation could be to make a requirement

that all new developments of ten or more houses to be 'water neutral': this

simply means that total water use in the region after the development must be

less than or equal to total water use in the region before the development.

Legend

Generally Neutral Outcome, some impacts need further investigation.

Generally Positive Outcome, Good standards achieved (Suitable for Development)

Negative Outcome, Significant impacts present, not suitable for development (total review of project required)

Neutral Outcome, minimal standards achieved.

Positive Outcome, Excellent standards achieved (Highly Suited for development)

Hi- Risk Negative Outcome, Significant impacts present, not suitable for development (No Reviews permitted)


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The identification of mitigation measures are some of the typical SEA techniques

that are used by various authorities in the decision making process. These include:

� maps to describe the baseline environment, identify problems, and predict

impacts

� matrices that test alternatives or sub-sections of the strategic action against

environmental/sustainability criteria

� use of red/amber/green (traffic light colors) to allow key impacts to be easily

identified

� qualitative, either positive or negative, 'expert judgment' type of appraisal

where detailed, quantitative assessment is not possible

2.3.4 Some examples of SEA in Fiji

There are two policies in Fiji that are ideal candidates for SEA. Although these

programs if given the right support and stakeholder participation can become

excellent benchmarks for similar plans in the future, it must be noted that the gains

cannot be sustainable if they come at a social and economic cost.

The first is the Land Bank which basically aims to intensify agricultural production

by making more agricultural land available for lease. The procedure is similar to

depositing, money into a bank; any mataqali 101 that has land available to be leased

can deposit it with the Land Bank. Benefits include: rental returns are based on

market rates, royalty payments are distributed equitably and tenants are provided

with security of tenure since the lease will be administered by government. It seems

like an ideal solution to Fiji’s land tenure problems and will go a long way to

alleviate some of the embedded mistrust between landlords, tenants and the iTaukei

Land Trust Board. However, such a plan will involve subdividing large tracts of

native land which in peri-urban and urban areas can leave some landowning units

with little or no land left for subsistence purposes or to allocate to younger members

of the mataqali.

101 Mataqali is a landowning unit/clan


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This can lead to socio-economic problems and power struggles within the social

hierarchy as members sympathetic to the plight of their landless kinsman will rise up

against leasing of their native land. The financial benefits will also be another area of

concern as there will not be equal distribution of the income, for example, if a

villager leases a piece of land and develops a commercial agricultural business on it

then it stands to reason that others in the village may follow and become successful

as well. This can lead to great divisions within the village and traditional setup based

on wealth.

The emergence of a wealthier more powerful class of villagers could also pose a

traditional hierarchy conflict with chiefs, who have social status but are financially

inferior to these new entrepreneurs. With the accumulation of wealth comes status,

with status comes power, with power comes authority and influence and eventually

dominance. In any village, members must contribute to the vanua102 for the benefit of

all but if some households start to accumulate wealth they may feel less inclined to

give back to the vanua and more focused on themselves. This is why a SEA focuses

on the impact not only on the site but in the local communities that maybe affected

by the proposal.

The second policy is Import substitution which aims to boost the production and

cultivation of food and vegetables locally. This will go a long way in reducing Fiji’s

import bill and in the medium to long term government hopes to export surplus

produce to other regional countries. The objective is to bring production up to a

sustainable level to consistently supply the demand locally and once this threshold is

achieved, to expand production so that the surplus can be exported to other PICs.

There are clear economic benefits for the country from this plan and export earnings

can be pumped back into the agricultural sector to improve production methods and

maintain standards. There are certain impacts; again leading on from the first

example of the Land Bank, if land is made readily available, then the economic

benefits can be maximized by boosting land use and agricultural production but

simultaneously managing environmental impacts by utilizing sustainable farming

techniques. In order to be successful, a SEA must be carried out to find a balance 102 Vanua means community/of belonging to the same land/province


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between the economic aspirations of government and the social and environmental

concerns of the communities.

There can be greater alternatives explored if a SEA is conducted and relevant data

and information is collected for a comprehensive assessment and stakeholders are

given the opportunity to express their views about these policies. It is through careful

planning and extensive consultation that ideal policies, plans and programs are more

likely to achieve their objectives.

The social, economic and environmental impacts amongst others (e.g. cultural,

health, local and national) must be assessed against the successful outcomes of any

policy or plan level decisions in order for SEA to provide a workable program level

result.

2.3.5 Limitations of SEA

As effective as it may seem to integrate decisions as early as possible in the planning

process, it must be noted that SEA is not without its flaws. It is a effective and

tactical instrument for assessing policy actions but by any standard SEA is a

relatively new tool for integrating sustainability into decision making and does have

a number of technical and procedural limitations.

Table 5 (refer next page) shows some of the limitations and the consequences that

these inadequacies have on the assessment outcomes. For purposes of clarity, the

limitations are divided into two parts; the first one is the technical aspect, which

deals with the various assessment processes on the ground and the second is the

procedural aspect, which deals with the administrative side of the processes.


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Table 5: Technical and Procedural Limitations of SEA

Type Limitation Outcome

Technical

SEAs generally cover a large area - sometimes several countries - and a large number of alternatives

This makes collecting and analyzing data for SEAs very complex

SEAs are subject to greater levels of uncertainty than project EIA

Uncertainty, in terms of future environmental, economic and social conditions, likely development as a result of the PPP, and likely future technologies

SEAs often have to cope with limited information

Environmental data collected in different countries are often incompatible or limited

SEAs have to deal with information at a different level from project EIA

A national-level SEA needs to focus on national -level concerns, and thus may have to disregard impacts that are important at a local level but that do not influence a national-level decision

Procedural A strategic action may have no formal authorization stage

Instead it evolves in fits and starts through to implementation. There may be issues of confidentiality. Decision-makers may be concerned that SEA should not take over the process of decision-making. SEA is also inherently a political process.

The concept of SEA, particularly sustainability-led SEA, is not yet politically accepted

Traditional approaches to policy-making, worldwide emphasis on economic well-being (e.g. GNP) rather than total quality of life & the sheer effort involved in determining sustainability criteria/targets all frustrate this concept.



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On the technical side the lack of case studies and experience of SEA exacerbates

these limitations but should not be allowed to constrain the use of SEA processes. On

the procedural side decision-makers, competent authorities and stakeholders must be

aware that SEA is inherently a political process, and should ensure that SEA informs

decisions but does not make them. SEA can be applied to a wide range of strategic

actions. Figure 8 shows the strategic actions it covers include all scales

(international, national, regional, local), sectors and resources, both spatial and non-

spatial plans and policies, and on issues as diverse as legislative change and selection

between alternative forms of power generation.

Figure 8: Example of Strategic Action Plan


Legislative Change Economic Policies

Sectoral Policies or Plans

Management Plan for a specific Resource

Policy/Plan to guide incremental change

� International treaties

� National, regional & local laws

� Policy documents

� Budgets � Fiscal planning � Structural

adjustments � Allocation (trade-

offs between sectors) � Privatization,

subsidies, taxation

� National (development plans)

� Regional (development plans, growth triangles)

� Multi project programs � Local (town plans) � Conservation areas

(world heritage, national parks)

� Agriculture � Transport � Energy

� Coastal Management

� Forests � Minerals Plan

� Employment � Development � Equitable access to

transport � International aid

� City consolidation � Location of retail space � Industrial area re-

development

� Hydro vs. diesel fuel power generation

� Underground vs. overhead electricity distribution

Integrated Plans (non spatial and spatial)

Selection between Alternatives

Policy/Plan to achieve social ends


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It is important to keep in mind the following:

� There is a 'hierarchy' of alternatives: demand reduction, type/process,

location, management.

� The public (or their representatives) can suggest useful alternatives.

� An SEA should not include 'fake' alternatives that are not really being

considered as part of decision-making.

� An SEA should give reasons for eliminating alternatives from further

consideration.

� Impact prediction is “objective”. Impact evaluation takes the predictions and

determines how important they are: this is primarily a subjective exercise.

� An SEA should take particular care with cumulative impacts, since these are

generally not covered adequately in project EIA.

� Impact prediction should consider the impact's scale, temporal impacts,

probability.

� Impact prediction is uncertain, and uncertainty increases the more strategic,

long-term and large-scale the strategic action is. Attempts should be made to

reduce this uncertainty where appropriate. However it will not be possible, or

even necessarily advantageous, to eliminate uncertainty: SEA should cope

with uncertainty.

� Part of impact prediction involves clarifying what is being appraised, and

possibly rephrasing the strategic action to make it clearer.

� Impact evaluation should consider who wins and loses: equity issues between

groups of people, but also between environmental, social and economic

issues.

� Mitigation should be considered for all negative impacts. There is a

'hierarchy' of mitigation measures: avoid - reduce - remediate - compensate.

� Mitigation measures themselves can have impacts.

In summary, SEA should start early and be integrated in all decision-making so that

benefits are wide ranging and inclusive. SEA brings multiple points of view into the

decision-making process which helps provide greater alternative options.


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Overall, SEA is probably best carried out by personnel from central government,

approving authority and/or SEA consultants. Representatives of the public (and

possibly members of the public) can also contribute towards better alternatives for

their communities.

Chapter 3 – National, Regional and Global Implications

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The purpose of chapter 3 is to analyze and expand from specific project level impacts

to the wider regional and global context. It examines the integrated assessment

process and activities that promote participatory and inclusive exchanges. It ends

with the UNEP global outlook process and the conceptual framework for human and

environment interactions – DPSIR: Drivers, Pressures, State and trends, Impacts and

Responses.

3.1 What is Integrated Environmental Assessment (IEA)?

Integrated environmental assessment (IEA) is a way of analyzing and

communicating environment-society interactions. It is a process of gathering and

analyzing information on the key interactions between the natural environment and

human society that can be useful for policy-making and future planning.103 A

national IEA is complex and dynamic, and requires careful planning.104 IEA is a

participatory and structured approach that links knowledge and action into a

simplified process that:

� links environmental state and trend analysis with policy analysis;

� incorporates global and sub-regional perspectives;

� includes historical and future perspectives;

� covers a broad spectrum of issues and policies; and

� integrates environmental change and human well-being.

IEA further enables policy-makers to address complex challenges and an IEA is

much broader than an EIA or SEA report. It provides a critical objective evaluation

and analysis of data and information designed to meet user needs and supports

decision making.105 An IEA looks at how activities feed into regional and global

expectations. It applies the judgment of experts to existing knowledge to provide

103 http://www.unep.org/Documents.Multilingual/Default.asp?DocumentID=617&ArticleID=6516&l=en 104 UNEP, (2007) GEO Resource Book: A training manual on integrated environmental assessment and reporting in “The GEO Approach to IEA”, pg 7. 105 ibid


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scientifically credible answers to policy relevant questions. An example of this in Fiji

and which has implications for the region is energy generation. Every country has to

generate and supply electricity to their power grid users. The use of hydro to generate

electricity is environmentally sound and more economical than burning fossil fuels.

This type of IEA provides a participatory, structured approach to linking knowledge

and action.

3.1.1 Integrated Environmental Assessment Process

IEAs are designed to generate information on the status and dynamics of the

environment and its interaction with human well-being. These are usually defined by

their outputs or products such as: reports, websites or databases.106 There must be a

well-planned and properly managed process in place so that such information is

produced to have both high levels of scientific credibility and policy relevance.

The ultimate success of an IEA process depends on the following:

� who is in charge of and who participates in the process

� in what specific roles do trainers and participants contribute,

� how the process is structured, and

� how it allows for flexibility to adapt to local cultural, administrative, legal

and other conditions.

IEA processes are designed and based on the experiences and outputs of UNEP’s

global GEO program, its regional sub-assessments, and the growing number of

national and sub-national IEA efforts. For any IEA process107 to be successfully

adapted to any country or region’s specific program, the following process attributes

must form an integral part of the national and sub-national level planning initiatives.

� Participatory. This means that different stakeholders are involved in an

interactive process that promotes knowledge and information exchange, and

makes clear their position and interests on issues. Engaging participation

helps identify IEA issues that truly matter, strengthens the analysis of the 106 UNEP, IEA Process in Training Manual on IEA and Reporting 107 ibid


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observed change, and builds ownership of the IEA’s findings among

audiences who are supposed to follow up with action.

� Multi-disciplinary and multi-sectoral. IEA is multi-disciplinary because the

analysis takes into account different branches of science in such a way that

the process of discussion, construction and analysis from different disciplines

enriches the assessment. It is multi-sectoral because environmental issues

have many economic and social inter-linkages, so participation of different

sectors (public and private) is necessary to carry out a sound assessment as

well as to ensure that results of the assessment lead to articulate responses

and actions from different sectors.

� Integrated. In the IEA designation, integrated refers to a number of aspects

of the assessment:

– linking state of the environment analysis with policy analysis;

– incorporating global and sub-global perspectives;

– incorporating historical and future perspectives;

– covering a broad spectrum of issues and policies; and

– looking at dynamic and complex interactions between the

environment and human well-being in place-based contexts (e.g.,

particular countries, ecosystems, cities, regions, watersheds)

� Multi-product. IEAs typically generate a family of products targeting a wide

audience. The products range from simple posters through fact sheets, data

compendia to comprehensive IEA reports and executive summaries.

� Institutionalized. IEA involves assessing and reporting on the environment

and its interaction with human well-being as an integral part of sustainable

development. IEA needs to be built with a long-term perspective in mind

where assessment is cyclical, and where periodic products and continuous

interaction among participants in policy and science communities and other

elements of the public are part of the process.


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IEAs are instruments for social learning where society at various levels (national,

sub-national, rural or urban) builds knowledge about human interactions with the

environment, and the resultant risks and impacts, and in the process builds capacity

to better adapt to the challenges ahead.108 The IEA contributes109 to the following

outcomes:

� a better understanding of the links between environment and development

� strengthening the capabilities of participants to identify upcoming issues

� evaluating alternative options for action and to agree on common goals

� to promote informed decisions by policy-makers, and

� to set future national environmental agendas

In this aspect, IEA is an instrument for advancing the development of public policy

through stakeholder participation. A good example of this type of participation in

Fiji, is the People’s Charter which is a national level inclusive and participatory

undertaking110 that among other issues engages stakeholder involvement for

economic and resources development policies, leadership values and community

relations.111

The IEA process is made up of a number of activities including:

1. Establishing an institutional framework for regional collaboration and data

acquisition as well as organization and decision making processes of the IEA.

Identify and enter into formal or informal cooperative agreements with different

organizations with interest, capacity and/or mandate concerning the environment.

There should be open discussion on issues and agreement on objectives and roles to

be adopted in the production of IEA outputs. The discussions and stakeholder

participation on the food security issue in Tuvalu is a good example of this type of

cooperation. Tuvalu is having major problems growing their own fruits and

vegetables because of salt water contamination and coastline erosion.112 Government 108 UNEP, IEA Process in Training Manual on IEA and Reporting 109 ibid 110 People’s Charter for Change, Peace and Progress 111 ibid 112 http://www.fijisun.com.fj/2011/09/06/rotuma-tuvalu-trade-picks-up-pace/


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together with the Council of Rotuma has facilitated the export of crops, fruits and

vegetables from Rotuma direct to Tuvalu which will benefit both islands.

2. Establish and maintain an information base (i.e., set up information system,

gather and update the required data).

The information-gathering process during the assessment provides an opportunity to

analyze the quality and usefulness of information provided by monitoring systems. It

is also an opportunity for improving data sharing and harmonization mechanisms.

Also, during this activity, it is possible to identify new themes and information

needs, as well as data gaps. This step further allows identification of indicators of

key environmental issues. Although not specifically a database for environmental

impact issues, the Fiji Land Information System managed and maintained by the

Lands Department does collect data on land in Fiji (i.e. type of ownership, type of

lease, size, legal description) which can be a starting point for data sharing and

improving environmental data acquisition in collaboration with DoE, local

government and municipal councils.

3. Discussion forum.

An IEA represents an opportunity for discussions on topics such as common

assessment methodologies, trends of the driving forces, pressures, and key

environmental issues, policies, policy options and scenarios. These discussions may

involve the public, private sectors and decision makers. Also, this provides an

opportunity to analyze environmental policy and practice with involvement of

different stakeholders. In this regard, Fiji has certainly made improvements in

stakeholder collaboration and participation on a wide range of issues from access to

water, housing and even land leases.113 There is definitely a unified purpose and

desire to apply common methodologies across a variety of issues facing other PICs

113 FijiSun Newspaper, 4/7/2010, Housing development gets underway [online] http://www.fijisun.com.fj/main_page/view.asp?id=37306 [date accessed: 7th April 2010]


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like informal settlements, rural-urban migration and its associated problems and

demand on land.114

4. Capacity-building.

The IEA plays a capacity building role in two ways. First, the IEA process

emphasizes an approach known as learning by doing, which is, as the name implies

based on interactive workshops and other non-workshop based interactions such as

distance learning, internet or technical and scientific collaboration. Second, the IEA

can help identify regional needs and address them through targeted action, such as

training, staff exchanges, and the provision of data and technical equipment or

through other means. There has been a shift towards greater capacity building and

staff up-skilling initiatives across the government machinery. Line ministries and

departments identify training needs and send staff for further training so as to achieve

better in-house knowledge on environmental impacts and service delivery objectives

for monitoring and assessment.

5. Define and implement a communication and impact strategy.

From the beginning of the process, it is necessary to understand who your various

audiences are, so you can establish an efficient and effective communication and

impact strategy. Strategies should include implementation plans as well as evaluation

measures. The UNEP, SPREP and PACE lists the following reasons as the main

drivers to justify producing a Regional IEA Report , which can assist governments in

making policy decisions based on accurate, current and relevant environmental

information.

Table 6 (below) summarizes the main reasons to produce a Regional IEA Report. As

a matter of good practice, any regional IEA Report should be prepared through

consultation and based on extensive assessment at various scales, so that the report

considers:

� the current state of the environment,

114 Roadmap For Democracy & Sustainable Socio-economic Development 2010-2014; A Better Fiji for All, Ministry of National Planning, 2009


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� policy and impact matters,

� sustainability and public involvement in creating awareness and

� more sustainable human-environment interactions.

Table 6: Main reasons to produce a Regional IEA Report

� To improve knowledge on the state of its environment and how that state

changes over time, in order to better assess results of past actions and to

contribute to the development and harmonization of environmental and

other related policies.

� To integrate regional and global environmental considerations in to

decision making about sustainable development.

� To improve public information on the state of the country’s environment

through wider stakeholder participation.

source: adapted from UNEP (2004). Guidelines for National IEA Report

3.1.2 Extension to GEO Process

As an integrated environmental assessment, Global Environmental Outlook (GEO)

provides answers to the five key questions in its State of the Environment

Assessment and Policy Analysis. Most “traditional” environmental assessments

consider the first question; very few take an integrated perspective that considers all

five questions but generally most IEA reports work on the first three questions (as

shown in the simplified IEA framework). The five key questions are:

1. What is happening to the environment and why?

2. What are the consequences for the environment and humanity?

3. What is being done and how effective is it?

4. Where are we heading?

5. What actions could be taken for a more sustainable future?


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Policy-makers often face a growing list of environmental challenges from pollution

to waste disposal and management and in Fiji’s case the issues are further

exacerbated with the threat of sea level rise. Many of these environmental impacts

are complex systems that require a multifaceted approach to solve and have either a

direct or indirect effect on human well-being.

The example of the Pacific Gyre floating garbage patch and seabed mining are some

of the obvious consequences of human activity on the environment. These require

enhanced understanding of the multiple layers to environmental issues and proactive

approaches to support effective response measures and actions.

The GEO-IEA approach has strengthened the accessibility of reliable environmental

data and information for improved policy-making at national and international level.

Today, there is greater investment by the international community and governments

in environmental assessments, both in terms of human and financial resources.

Despite the availability of considerable information on the state and trends of the

global environment, there is still a lack of adequate data available and a continued

deterioration in the monitoring and data collection system.

Table 7: Some Comparisons between SEA and IEA

SEA level process IEA level process

SEA is a methodology for policy

analysis which is usually limited to

policies within a country.

IEA includes policy analysis in a

broader approach, i.e. local, regional,

international

SEA does not involve regular

reporting; usually a single SEA Report

is published with all the

recommendations after all the

consultations and reviews.

IEA explicitly requires regular

monitoring and reports on state and

trends of those localities.

SEA may focus on one policy or

program

IEA scans the entire spectrum of

relevant policies, and then singles out

a priority policy.

source: UNEP (2007) IEA Approach Resource Manual


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3.2 The Global Environment Outlook (GEO) Process

The GEO is first and foremost a participatory process for environmental

assessment;115 it aims to facilitate the interaction between science on the one hand

and policy and decision making on the other for the purposes of national IEAs.116

Participation by a broad range of stakeholders has been increasingly recognized as an

essential element of assessment processes dealing with complex issues, where there

is a lot of uncertainty and where societal awareness is necessary to ensure effective

implementation of response options. An example is the worldwide network of GEO

Collaborating Centers with regional mandates or thematic expertise that forms a

strong assessment partnership at the core of the process, and helps in capacity

building at various levels. Comprehensive peer review and consultative mechanisms

with governments, non-governmental organizations, the private sector and scientific

institutions are other integral components.117 Advisory groups provide guidance on

conceptual approaches and methodology development. For GEO-4, there are

advisory groups on capacity building, data and outreach, as well as expert groups

writing individual chapters. The process is underpinned by a dedicated, interactive,

online data portal.118

This participatory and consultative process gives GEO assessments scientific

credibility, accuracy and authority. The process targets a wide audience by providing

information to support environmental management, decision making and policy

development. In addition to the stakeholders being active participants, they are also a

major target audience and potential GEO spokespeople. Through their own

organizations and networks at global and regional levels, these GEO stakeholders

help to spread the word on GEO’s key findings and policy messages.

At the global GEO reports level, Collaborating Centers and other contributors

advance their IEA skills through a learning-by-doing approach, working with leading

international experts and producing assessment content for the main report.

115 http://www.unep.org/geo/pdfs/TowardsGeo4.pdf 116 UNEP, (2007) GEO Resource Book: A training manual on integrated environmental assessment and reporting in “The GEO Approach to IEA”, pg 7. 117 www.unep.org/geo 118 http://www.geodata.grid.unep.ch


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At the regional, national and sub-national level the target group includes practitioners

and managers in charge of relevant assessment and reporting processes. These sub-

global IEAs, often mandated and led by governments adopt elements of the GEO

approach, building consistency and strengthening the global process. Each GEO

assessment is multi-dimensional in scope, incorporating environmental, policy,

geographic and temporal perspectives. Environmental dimensions include:

� thematic (related to the state and trends of land, atmosphere, water and

biodiversity);

� functional (related to the provision of environmental goods and services);

� sectoral (the relationships between the environment and activity areas such as

energy use, industry, tourism, agriculture and trade);

� cross-cutting (relating to issues such as production, consumption, gender,

poverty, human security and vulnerability); and

� inter-linkages within and among all of the above.

Geographically, we can distinguish between the global GEO assessment and sub-

global (regional, national and sub-national) assessments. While GEO Reports are

global in scope, they are differentiated at regional and sub-regional levels to

highlight important spatial variations and the environmental priorities warranting

policy attention in different parts of the world. The most relevant report for the

current time frame is GEO-4 and it is looking in particular at the 20-year period since

the Brundtland Report “Our Common Future” (1987) and forward to the year

2050.119

The goal of the GEO process is to ensure that environmental problems and emerging

issues of wider international significance receive appropriate, adequate and timely

119 UNEP, (2007) GEO Resource Book: A training manual on integrated environmental assessment and reporting in “The GEO Approach to IEA”, pp 11-12


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consideration by governments and other stakeholders. The objectives of GEO are, as

outlined in the UNEP assessment framework120, to:

� provide access to the best scientific knowledge for international

environmental governance and the mainstreaming of environmental concerns

into social and economic sectors, and in support of the internationally agreed

development goals;

� facilitate the interaction between science and policy through multi-scaled and

multidimensional integrated assessment processes and products of high

legitimacy, credibility and utility; and

� build geographic and gender-balanced partnerships and capacity for

environmental assessments.

The Asia Pacific Integrated Model is a regional and sub-regional plan that looks at

the challenges that remain and a timeline for implementing changes, either in policy

or actions to utilize the opportunities that exist to achieve environmentally

sustainable objectives. The Asia Pacific Integrated Model is basically a plan for the

Outlook Component of GEO-4 contents with specific elements relevant for the Asia

Pacific region.

� Specific priority, cross-cutting, and emerging issues

� Trends in key drivers, e.g. population, consumption, production, and

technology

� Trends in key environmental indicators, e.g. pollutant levels, land cover, and

biodiversity

� Progress toward specific goals and targets, e.g. MDGs

� Global story with regional elements, separate regional stories for each of the

scenarios, regions and sub-regions to be free to elaborate on issues that are

important to them

120 UNEP/GEO4/CP/doc1/draft1


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3.2.1 GEO Process & Framework - DPSIR

The framework for the integrated environmental assessment being carried out in

GEO-4 is illustrated in the diagram below. There are two main systems in the

framework, human society and the environment. It considers five basic elements:

Drivers, Pressures, State and trends, Impacts and Responses (DPSIR)

Figure 9: Simplified Analytical framework for IEA

source: Smeets, E. and R.Weterings, Environmental Indicators: Typology and Overview.

Drivers, which include demographic changes, economic and societal processes, lead

to more specific pressures on the environment (including land use change, resource

extraction, emissions of pollutants and waste, and modification and movement of

organisms). These are the forces that exert pressures upon the environment. These


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pressures lead to changes in the state of the environment, which are in addition to

those that result from natural processes.

The environmental changes include climate change, stratospheric ozone depletion,

changes in biodiversity and pollution or degradation of air water and soils. These

changes lead to changes of the services that the environment provides to humankind,

such as the provision of clean air and water, food and protection from ultra-violet

radiation.

As a result of changes in services and mediated by demographic, social and material

factors, there are impacts on human well-being (health, material assets, good social

relations and security).

Responses include both formal and informal attempts to either adapt to the changes

in environmental services or to reduce the pressures on the environment.

The layering of the global, regional and local levels in the GEO-4 framework

emphasizes the fact that drivers, pressures, state, impact and responses are at these

different levels, sometimes predominantly at one level, and that the levels also

interact. The GEO framework also illustrates that changes in human society and the

environment unfold on different, short, medium- and long-term time scales.

Let’s use an example of a 200 room hotel development in Nadi Bay to illustrate how

the GEO framework for integrated environmental assessment and reporting works.

The first step is to answer what is happening to the environment and why? A 200

room hotel development is proposed for Nadi Bay, it can be classified as an

economic demand driver. The pressures this development will exert on the

environment include: transport and housing, energy demands, land use, emissions,

waste (pollution) and finance and trade. The reason for this proposal is to boost

tourism in the country by providing enough hotel rooms to meet the demand from

tourists.

The second step; what are the consequences for the environment and humanity? The

impacts include land modification, permanent land use and pollution. Most of the


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consequences will be environmental and most of the benefits will be for human

society.

The third step; what is being done and how effective is it? There will be an EIA

carried out to determine impacts and mitigation options. There will also be extensive

planning and infrastructure investment to ensure waste and sewerage is properly

disposed and managed.

This is only a simple example but the process of analysis and level of assessment

carries over to include the wider impacts on the neighboring community, the locality

surrounding the subject site and many other socio-economic issues e.g. goods and

services to and from the site, health and amenity and cultural issues e.g if the land is

scared to the land owning unit. These are examples of some of the DPSIR

considerations that are examined in the IEA and reporting process.

3.2.2 The GEO-4 process

In 2004, preparations started for GEO-4, which was then published in 2007 after

extensive consultations. The process modified the framework for integrated

environmental assessment to take into account, among others, new knowledge in

environmental assessment and the findings of the UNEP Science Initiative.121 Some

elements were strengthened, and new ones were introduced into the process,

including:

� a series of regional consultations at the start of the process to identify regional

priorities for the next assessment;

� a strengthened and comprehensive peer review process using chapter review

editors to increase the scientific credibility and legitimacy of the process;

� an intergovernmental consultation to discuss the content of the assessment

report and the design of the assessment process;

� nominations by governments of experts to be included in the assessment

process;

121 http://www.unep.org/scienceinitiative/


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� an expert group on human well-being, and chapter expert groups to draft

chapters;

� a structured process for developing regional scenarios; and

� consideration of the methodology and results of the Millennium Ecosystem

Assessment

� Millennium Ecosystem Assessment in the design and implementation of the

GEO-4 assessment.

The GEO-4 framework for Asia and the Pacific,122 pointed out rapid population

growth, rural-urban migration and high rates of unemployment as the major causes

for a number of environmental problems that have implications for human health and

well-being across the Pacific region. The priority issues are urban air quality, stress

on freshwater, degraded ecosystems, agricultural land use and increased waste. A

number of factors have led to an increase in urban air pollution: a highly urbanized

population; poorly planned municipal development; a lack of affordable and clean

mass transport services and most notably the massive increase in motorized vehicles,

with the use of passenger cars in the region increasing about 2.5 times123 over the last

two decades. The implications of a modest increase of 0.5% for the Pacific124 alone,

has been major. The roads, vehicle testing systems and traffic control infrastructure

cannot cope with the increase. The problem is exacerbated when one takes into

account that the Pacific does not have the facilities to melt old cars or proper disposal

laws for derelict vehicles.

Excessive withdrawals from surface waters and aquifers, industrial pollution,

inefficient use, climate change and variability, and natural disasters are major causes

of water stress, threatening human well-being and ecological health.125 There has

been remarkable progress in the provision of improved drinking water over the last

decade, but many more still lack access to safe water. 122 Asia & the Pacific region is comprised of 43 countries and a number of territories including China and India; unfortunately the Pacific issues become lost among these bigger countries 123 UNEP, 2009,The Encyclopedia of Earth - Global Environment Outlook (GEO-4) Chapter 6, [online] http://www.eoearth.org/article/Global_Environment_Outlook_(GEO-4):_Chapter_6#gen25, (date accessed: 18th October 2010) 124 http://www.science.unep.org 125 UNEP, GEO-4


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Valuable ecosystems continue to be degraded. However, most sub-regions have

applied sufficient counter measures to successfully overcome the impacts of land

degradation on agricultural production. Rapid economic growth coupled with new

lifestyles associated with greater affluence, have led to rapid changes in consumption

patterns.126 This has contributed to the generation of large quantities of waste, and

changes in waste composition. The illegal traffic in electronic and hazardous waste

and their effects on human health and the environment pose new and growing

challenges. Most countries have developed extensive domestic laws, regulations and

standards related to the environment, and participate in global action through

multilateral and bilateral agreements.

Multi-stakeholder consultations organized in the seven GEO regions as part of the

GEO-4 assessment show that the regions share common concerns about a number of

critical environmental and sustainability issues as well as face tremendous

differences in their environmental challenges. The assessment highlights strong

interdependencies reinforced by globalization and trade, with growing demand on

resources in and across the regions. Some of the main common messages arising out

of regional analyses include the following:

� Population and economic growth are major factors fuelling increased demand

on resources, and contributing to global environmental change in terms of the

atmosphere, land, water and biodiversity.

� There has been an encouraging decoupling of environmental pressures from

economic growth in some areas. However, globalization has contributed to

the achievement of environmental progress in some developed regions at the

expense of developing countries through the outsourcing of energy, food and

industrial production, and the subsequent relocation of related environmental

and social impacts. Disparities in ecological impacts prevail, and

environmental inequities continue to grow. Gender inequities continue in

many regions where women often have limited access to natural resources,

and are exposed to the health risks of indoor air pollution. 126 http://maps.grida.no/go/collection/global-environment-outlook-4-geo-4


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There are examples of good environmental governance and investments in new

technologies that provide models for other regions. Although some examples are

not specific to the Pacific region, they do provide an opportunity for policy

makers here to discuss and get a better understanding of the processes, so that if

issues of a similar nature impact this region in the future then we can draw on

these examples as a starting point for our assessment and mitigation options. The

following examples taken from Europe, Africa, and Asia show that lessons learnt

from these regions can be adapted for country specific situations.

� Economic, political and social integration, combined with good governance,

is making Europe a leader in trans-boundary environmental decision making.

This can be adapted and applied for SIDS so that any specific actions and

alternatives are responsive to the needs of the region. This will help ensure

that the most vulnerable SIDS are not neglected from the decision making

process but actively participate to voice their concerns.

� North America is a model in providing access to superior quality

environmental information, and investments in research and development.

For the Pacific region, a lot of improvements have been made in the internet

connectivity and wireless communication infrastructure so there is an

opportunity to advance the environmental information sharing protocols

across SIDS and use the North American model as a guide to adapt a similar

data sharing network for this region.

� Africa, Asia and the Pacific, Latin America and the Caribbean and West Asia

have also made great strides in tackling some of their environment and

development challenges. Integrated watershed management is increasing in

many regions, helping to protect and restore ecosystems. In Fiji, there have

been many projects where private and public sector partnerships have greatly

improved access to clean drinking water for the rural and peri-urban

population. In Fiji, the example of Keiyasi Village in Navosa is a good

illustration where clean drinking water and good sanitation remained but a


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dream for the villagers until the Fiji Water Foundation127 helped out by

drilling three boreholes and installing water tanks for the village. This has

reduced their use and reliance on the Sigatoka River for water which will help

protect the delicate marine ecosystem not only in that area but downstream

and into the ocean. Government also continues in its effort128 to improve

access to water with its upgrade and installation works for the pipes and

pumps in its water reticulation system.

The overall objective for these processes in terms of national outcomes as well as

regional and international benefits, must emphasize that SEA/IEA/GEO should be

ongoing activities, subject to regular update and review.

127 Chaudhary, F. date of article: 27/10/2010, “American helps with village dream”, [online] http://www.fijitimes.com/story.aspx?id=158695 (date accessed: 29th October 2010) 128 Rina, S. date of article: 26/10/2010, “Major water shutdown this weekend”, [online] http://www.fijitimes.com/story.aspx?id=158618 (date accessed: 29th October 2010)

Chapter 4 – Outcomes and Uniformity for the Pacific

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The purpose of chapter 4 is to examine the application of the impact assessment

processes using the Lami rubbish dump as the example. It also answers the thesis

questions and determines whether the outcomes for the sustainability test were

successful. In addition there are considerations on the wider implications for national

and regional impacts as well as uniformity for the Pacific on similar issues.

4.1 Case Study on Sustainability Assessment – Lami Rubbish Dump

Waste disposal and proper management of dump site achieves positive outcomes at

national and global levels. This is because waste is localized and contained at the

dump site, and as long as the operational procedures are well administered, the waste

can be compacted and managed in a controlled environment. At the project level

there will be unavoidable impacts but these can be managed with proper site

selection and operational procedures to achieve a balance between project level

impacts and national and global objectives for proper waste management. The wider

advantages include less waste being dumped into the rivers and the ocean which is a

good outcome all around.

In this chapter I will assess the sustainable development practices of the development

control mechanisms in Fiji using the Lami rubbish dump as a case study. The case

study will focus on the benefits after EMA was enacted and the improvements it has

bought about in terms of balancing positive outcomes and negative impacts. The

Lami Rubbish dump was used because it is an excellent example of the partnership

between all stakeholders committed to providing a sustainable alternative to the

dump site through its closure and rehabilitation. This partnership applies only to the

rehabilitation phase and not the operation of the dump.

As we have seen from Chapter 2, waste management has some impact at all levels:

project, policy, regional and inevitably global. The focus must be on waste

minimization and management of waste and to ensure that dump sites do not become

a public nuisance. A public nuisance is a criminal wrong; it is an act or omission that

obstructs, damages, or inconveniences the rights of the community. The term public


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nuisance covers a wide variety of activities that threaten the health, morals, safety,

comfort, convenience, or welfare of a community.129

The Public Health Act requires that waste be disposed of properly while maintaining

appropriate sanitation. If waste collected and disposed of at rubbish dumps become a

public nuisance (i.e. obstructs, damages, or inconveniences the rights of the

community) then it defeats the purpose of proper waste disposal: waste was simply

removed from one place and disposed of in another where the accumulated effects

are worse. This is where proper site management and operational procedures are very

important in ensuring that waste is contained on site.

The significant legislation here is EMA and in particular the EIA and SEA facets, as

well as the waste management and pollution control components seen in that light.

The overall test here is to determine whether the adverse effects of activities carried

on the site (previously, currently or proposed) have had an effect on the character of

the area and on other activities carried out in the area and how these impacts have

been mitigated. This will be divided into three parts:

1. Whether the activities are located in areas where there effects are compatible

with the character of the area?

2. Whether the activities within an area had no adverse effects or diminished the

amenity of neighboring areas, considering the character of the receiving

environment and cumulative effects?

3. Whether new activities are sensitive to the elements that define the character

of the area in which they intend to locate; should be designed and located to

avoid conflict.

The measure of the success of any sustainable development practice falls into two

categories that describe the best possible outcomes for that area:

129 The Free Dictionary by Farlex, Legal Dictionary: [online] retrieved from: http://legal-dictionary.thefreedictionary.com/Public+Nuisance, (date accessed: 10th January, 2014)


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1. Incompatible effects of activities within or between each environment area

are avoided, remedied or mitigated


character of each area

Let us look at the Lami dump case study and the results from the tests to determine

whether the dump site has achieved a best possible outcome.

4.1.1 Lami Town

Lami is a small municipality with a population of 20,529 and was established as a

town by Ministerial declaration through the Local Government Act in March

1977.130 The town has general powers that relate to the promotion of health, welfare,

convenience of inhabitants of the municipality and development of amenities. The

Lami municipality comprises approximately 680 hectares of land and 5 rivers that

weave their way to the coast. The Lami Town Council is actively involved in

promoting environmentally friendly practices and wherever possible applies a green

approach to all its activities.

4.1.2 Lami Town Planning Scheme

The primary piece of legislation regulating development in Fiji is the Town Planning

Act (Cap 139). This establishes the framework and system for managing land use

and development, including Town Planning Schemes and the Town Planning Act

General Provisions. The Town Planning Act (Cap 139) establishes the tools and

processes for the planning, restriction and approval of development across the

country. The different parts of the Act establish the scope and key facets of the

planning system.

Under the TP Act Cap 139, the primary tool of town planning is the Town Planning

Scheme. The Lami Town Planning Scheme (2006) is the primary planning

instrument used to guide and regulate development within the municipality.

130 http://lamitowncouncil.com/index.php?option=com_content&view=article&id=31&Itemid=33


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Figure 10: Map of Lami Town Planning Scheme

source: Director Town & Country Planning, Fiji

A Planning Scheme usually consists of a Scheme Statement, Scheme Plan, and

General Provisions.

– The Scheme Statement sets out the vision for the Town Planning Area, and

principles and priorities for development.

– The Scheme Plan is a map showing all land within the Town Planning Area.

Each block is allocated to a Zone, which designates it for a certain use

(residential, commercial, industrial, etc.). In this way, development is directed

across the Planning Area to address the objectives of the Scheme Statement


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and to ensure that land is available for different types of uses and that

incompatible uses are not close to one another.

– A set of General Provisions accompany each Plan. These describe the

requirements that apply to different types of development, and the restrictions

within each Zone.

A Planning Scheme is prepared for a Planning Area and approved by the Director of

Town & Country Planning; it provides the regulations against which all development

in the Area is assessed. Land Use can also be controlled and monitored by way of

lease conditions (e.g. agricultural or commercial leases) and licences which clearly

stipulate what activities can be carried out on site.

4.1.3 Lami Rubbish Dump

The Lami dump began operations in 1954 over a mangrove swamp after been

relocated from its original site in Victoria Parade (where the current Holiday Inn is

situated). The area leased was 5.16 hectares but by the time the dump was closed it

was estimated to range over 12 hectares, mostly extending out to the sea and river.131

The dump received waste from Suva and neighbouring towns for more than 50 years.

In 1965, there were four layers of waste and by 1997 the waste was 4-6 meters above

the height of the surrounding terrain. In mid-2005 there was a big fire that lasted for

5-6 weeks. At the time of closure in October 2005, the waste had reached a height of

17 meters above the surrounding terrain. The top of the waste was frequently sprayed

with insecticides to mitigate the nuisances from flies and other insects.132

Even though the dump ceased operations in 2005, there were still negative

environmental impacts, including the discharge of leachate, the emission of gas, the

risk of fire or tidal waves/surges and loose rubbish migrating to the sea.133

131 http://www.pecc.org/resources/doc_view/1238-suva-fiji-waste-management 132 9th EDF – Project 9 ACP FIJ 5 & 6 "Fiji Solid Waste – Lami Dump Rehabilitation”, A Report on the Current Status of the Lami Dump. 133 ibid


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Figure 11: Aerial View of Lami Rubbish Dump

source: Google Earth

The Lami dump sits on Crown land under administration of the Department of Lands

and Survey. The lease was granted to the Suva City Council by the Director of Lands

on a Tenant-At-Will agreement which had to be renewed annually. The operations

and management of the Lami dump was administered by the Suva City Council.

The tenure is Crown Land and as per the Lami Town Planning Scheme, the site is

zoned Recreation Reserve.

The waste from decades of disposal was so vast that it had altered the shape of the

site and the environment in which it was located was bearing the full brunt of its

impact. There are layers of rubbish compacted together to form a substrata which

facilitated the movement of trucks to every corner of the site. These decaying layers

of waste were leaching contaminants and toxins into the soil, mangrove swamp, river

and the harbor. The build-up of methane gas was another major danger that supplied

an endless stock of combustible gas to the fires which ignited around the site.134

134 Gavidi, P. (2003), Fiji’s Institutional and Legal Framework and their application for Waste Management, Conference Discussion Paper, Noumea.

Lami Rubbish Dump

Tamavua River Suva Harbour


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About 50,000 tons of domestic waste, green waste, market waste, industrial waste,

medical and other mixed waste were dumped there annually. The dump was used

well beyond its capacity and waste and leachate from it were polluting the water in

the adjacent Tamavua River, Suva harbor and beyond.135 There are currently no

regulations governing what types of waste can be dumped at any of the rubbish

dumps in Fiji. This needs to be addressed as the consequences of such legal

deficiencies will perpetuate the kind of neglect that the Lami Dump endured. The

consequences of such legal gaps will result in more adverse environmental impacts

from other currently active dump sites around Fiji. As an example, the disposal of

used car batteries at the Lami dump resulted in lead leaking into the Suva harbor

every high tide. The impact of having no laws governing what types of waste can be

collected and disposed at rubbish sites means that active rubbish dumps in Fiji

continue to accept all forms of waste with inadequate facility to properly dispose of

the same.

In 1994, there was a case brought against the Suva City Council by Tuisawau136

seeking the closure of the Lami Dump on the grounds that continued dumping at the

site is a health hazard and a public nuisance. Tuisawau, being a paramount chief of

Rewa province (the province where the Lami dump is located) also argued that in

this capacity he had an obligation to protect his people’s health and well-being. This

case was important because it recognized the concerns of a single ratepayer with a

recognizable status in the community (and the customary laws/obligations of a chief)

to institute legal proceedings against the local authority’s actions. There was growing

public concern about the environmental impacts of the dump’s activities and the lack

of concern on the part of the SCC & Government to protect the environment,

neighboring communities and the general public from these public health risks.

In 2005 when the waste at the Lami dump had reached a staggering 17 meters above

the ground, the dump was permanently closed, citing serious environmental risks

135 ibid- Retrieved from: http://www.pecc.org/resources/doc_view/1238-suva-fiji-waste-management 136 Civil Action Number HBC 0278 of 1994S


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including the emission of leachate and gas as well as the risk of fire or dispersal of

waste as a result of tidal surges/waves.

In 2009 the Department of Environment together with the European Union began the

rehabilitation works on the dump site to minimize these environmental hazards137

and make the site sensitive to the character of the area and compatible with activities

in the vicinity. The work included leveling of waste, slope protection using soil filled

geo-cells and armour rocks and a cover-up of the site with soil to ensure vegetation

growth.138 There are also clauses in the zoning plan for the site that restricts

development and disturbance/removal of the top layer of soil cover as well as

planting and any agricultural activities.

Was the dump site socially compatible with the character of the area?

� When Lami dump began operations in 1954, the site was vacant undeveloped

land, located outside of the new Capital of Fiji and most of the surrounding land

was still undeveloped.

– A case of out of sight, out of mind approach to planning; where as long as

Suva had a dump and it was away from the Suva town areas, it would be

suitable. (to be convenient but hidden)

– The concepts of environmental considerations were not yet coined so the

location of this site, purely on the basis that it is on the outskirts of the

Capital, would have had a higher importance.

– Despite the site’s close proximity to the Tamavua River and the foreshore, it

was still developed as a dump – definitely not socially responsible behaviour

especially for the communities that reply on the river and the foreshore for

sustenance and a way of life.

Was the dump site economically compatible with the character of the area?

137 Country Report (Fiji) - UNCRD - www.uncrd.or.jp/env/3r_02/.../BG4/4-1FijiCountryReportKL.pdf 138 Talei, F. date of article: June 9, 2012, “Rehabilitation over for dump site”, [online] http://www.fijisun.com.fj/2012/06/09/rehabilitation-over-for-dump-site/ (date accessed: 9th December 2013)


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� The Lami rubbish dump was a simple solution to the waste disposal needs of the

Capital, a robust and vibrant economy is the lifeline of any municipality so

businesses (and residences) must be provided the necessary support to function

efficiently.

– This includes the timely and appropriate removal of waste from businesses

and residences

– Without proper garbage collection & disposal, economic activity in the City

would be adversely affected from the build-up of waste in and around the

CBD.

� It is clear that the driving economic force here is to ensure that Suva’s economy

runs smoothly, the economic effect of this decision on the surrounding

communities around the Lami rubbish dump have been loss of productive work

hours through sickness and diseases due to foul odors, contamination and

exposure to noxious gases and toxins from the dump.

� This is clearly not economically beneficial to the character of the area.

Was the dump site environmentally compatible with the character of the area?

� In terms of environmental compatibility with the character of the area;

– In 1954 – probably: Suva was in its infancy and the administrators had to find

a place to dump all the waste, so a swamp site on the outskirts of the Capital

was ideal – out of sight, out of mind.

– In 2013 – definitely not: Environmental protection and adverse impact

reduction on the surrounding area plays a far more profound role today than it

did 4-5 decades ago, with due consideration to the local community, the river

and coastline that border the site, the risk of contamination from toxic runoff

and noxious gases as well as risk of exposure to hazardous waste ie. waste

from hospital and industries that end up there.

– As the neighboring residential areas of Delainavesi, Nadonumai and Lami

expanded, the dump became a pitiful legacy of Suva’s past planning

decisions.


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– More stringent environmental considerations are taken into account now

when planning any type of development with an element of foresight to cater

for the present needs and allow for future growth and demand.

Did activities on site have no adverse effects on the character of the receiving

environment?

� The Lami rubbish dump had a profound adverse effect139 on the character of the

area within which it is located

– local communities were exposed to unhygienic and hazardous situations,

possible long term health risks, skin irritations and associated respiratory

problems

– foul smell, rodent infestation, fire hazard and smoke inhalation, dust and

other air borne pollutants (noxious gases)

– Population growth and housing development meant people and property were

now in closer proximity to these risks from the site; in some cases residences

were on the other side of the road.

– Property values were affected as the market reflected home buyers reluctance

to purchase a house close to a rubbish dump

– The surrounding environment continued to degrade from decades of decaying

waste and toxic run-off after any heavy rainfall.

– The river and coastline that border the site were contaminated from toxic

runoff and heavy metals, as well as risk of exposure to hazardous waste ie.

waste from hospital (gloves, bandages & dressings) and industries (motor

vehicle batteries, refrigerant & coolants) all were dumped at the site.

Are new activities sensitive to the character of the area in which it is located?

The Lami dump has now been rehabilitated140 and the site has undergone extensive

soil and waste management works in order to:

� reduce the rate of pollutants emissions, both in the air (landfill gas) and in the

soil/water (leachate, litter); 139 Country Report (Fiji), UNCRD, [online] http://www.uncrd.or.jp/env/3r_02/.../BG4/4-1FijiCountryReportKL.pdf (date accessed: 18th January, 2013) 140 http://www.environment.gov.fj/lami-dump-rehabilitation/


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� increase the natural capacity of the surrounding environment to absorb the

pollutants reducing the health and environmental hazard of the dump;

� protect the waste mass from natural and human generated modifications

which can alter the expected beneficial effects of the rehabilitation works;

� not to stop the natural degradation processes of the waste mass to slowly

bring the waste mass to its final inert state at a controlled and

environmentally acceptable rate;

� Rehabilitate the dump area improving the quality of the landscape and

allowing a safe and proper use of it.

The proposed activities for the rehabilitated site are of a recreational and social

nature. The redevelopment of the site includes plans to develop a kiosk, recreational

facilities and a leisure park for the people of Suva and Lami.141 The Department of

Environment and the Government want to ensure that the site becomes more socially

apt and environmentally compatible with the character of the area where it is located.

The population and communities in Lami have drastically increased and it is hoped

that this redevelopment will provide a safe civic space that promotes the natural

appeal of the locality.

The closure and rehabilitation of the Lami dump provided a major impetus for Fiji’s

sustainable development practices; there were widespread consultations at

community level, municipal councils, and local government level, between

government ministries, development partners and aid donors as well as scientific and

technical aid donors. This participatory process and information collection exercise is

vital and pivotal to all EIA processes and clearly with EMA such big projects are

possible.

Let us now look at whether the outcomes achieved were a success or not. In order to

answer that we go back to the two categories that ultimately determine such an

outcome:

141 Fiji Times newspaper article, date of article: 09/06/2012, “Dump becomes park”, [online] http://www.fijitimes.com/story.aspx?id=203451 (date accessed: 16th January 2013)


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1. Whether incompatible effects of activities within or between each

environment area are avoided, remedied or mitigated

With the closure of the Lami dump and the rehabilitation of the site, the incompatible

effects of the Lami dump activities have been remedied and further adverse

environmental impacts avoided.


character of each area

With the rehabilitation work completed and the site to be developed as a recreational

area and leisure park with a shopping center, it is clear that local and central

government, municipal councils, development partners in consultation with the local

communities have taken a more socially inclined and environmentally sound design

approach for the site. These developments together with the planting of more

vegetation, trees and mangroves will enhance the appearance of the site and

encourage more public usage of the space; sporting and family based interactions as

well as improve and showcase the beauty of the Suva harbor. These activities are

definitely more appropriate and sensitive to the character of the area and will in fact

add to the charm of the area.

It is evident that the closure and rehabilitation of the Lami dump have resulted in best

possible uses for the site and proposed activities are appropriate to the character of

the area.

I will briefly discuss these outcomes with regards to the overall sustainable

development practices.

� Environmental Impact Assessment (EIA)

At the project level, the EIA outcomes were a success, as the adverse impacts

(leachate and gas emissions, soil contamination, marine-eco-system degradation)

were remedied through the closure and rehabilitation of the site.142 All the data and

142 Tabaiwalu, P. (2010), Fiji National Assessment Report, [online] http://www.sids2014.org/content/documents/28Fiji-MSI-NAR2009.pdf (date accessed: 11th December 2013)


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information that were collected and analyzed showed that the impacts of the Lami

dump activities on the surrounding area, communities and environment were too

immense.143 Hence the assessment to close the dump and rehabilitate the site was an

informed decision based on accurate and relevant evidence.

� Strategic Environment Assessment (SEA)

With the hard lessons learnt from the Lami dump, the Government is committed to

waste minimization and management in Fiji with initiatives already in place such as

the 3R project (reduce, reuse, recycle) and through the stricter development control

provisions of EMA in particular the EIA.144 This type of stricter policy review will

be beneficial for national level decisions on development control. This will ensure

that processes are streamlined, cohesive, coordinated and comprehensive as all

stakeholders provide full disclosures to make certain that the best possible outcomes

are achieved under one policy or program.

� Integrated Environmental Assessment (IEA)

With regards to the IEA, the lessons learnt from the Lami dump closure and

rehabilitation can be used as a guide in other SIDS to formulate similar policies to

Fiji’s EMA, to ensure environmental protection and more importantly a regional

focus on avoiding a similar scenario. The reality here is that if a smaller island

country with less land mass and even more scarce resources were to make the

mistake of having a dump on a mangrove swamp then the consequences on the

surrounding area and communities would be far worse. Some islands only have a

shallow water table so if leachate and toxins were to contaminate this essential

resource, undoing the damage may not be as easy as closing the dump and

rehabilitating the site. Using the positive outcomes of the Lami dump project, the

development of an environmental protection and waste management policy for the

region should be given priority status and developed as soon as possible. There are

143 http://kitakyushu.iges.or.jp/docs/network_meetings/kin1/Presentations/Session%20II/32%20Lami.doc 144 Talei, F. date of article: June 9, 2012, “Rehabilitation over for dump site”, [online] http://www.fijisun.com.fj/2012/06/09/rehabilitation-over-for-dump-site/ (date accessed: 9th December 2013)


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similarities with the closure of the Tukutonga Rubbish Dump in Nuku'alofa,

Tonga145 where the major concerns were the adverse environmental impacts of the

dump activities on both communities and surrounding ecosystems. There are similar

examples across many SIDS to draw on to help provide the context to formulate a

regionally integrated policy as dump sites were created out of necessity with no

environmental impact considerations. This is slowly changing and if an integrated

regional policy is created it will provide the impetus to prioritize environmental

protection across the region.

The Lami dump rehabilitation project has set precedence for sustainable

development processes with similar works under consideration for other dump sites

around Fiji and for other project types that have similar environmental impacts.146

The creation of an integrated impact assessment policy would help address these

needs. The example of the Pacific Gyre which is a floating garbage patch twice the

size of Britain147 up in the North Pacific ocean, shows that rubbish picked up by

ocean currents from thousands of miles away end up in this swirling decaying vortex.

During high tide, the rubbish and other waste matter from the Lami dump would get

washed into the Suva harbor, currents would take it along the coastline and into open

waters where strong tidal currents would carry it up to the Pacific Gyre. The tide

would also flush toxins and contaminants into the harbor which had a direct impact

on the marine life and mangroves. This connectivity illustrates the need for wider

impact assessment frameworks to address regional and global issues.

The Lami Rubbish dump case does illustrate what can be achieved at project level if

relevant stakeholders collaborate. In this case the SCC and DoE (amongst others)

were able to apply various aspects of EMA and the TP Act Cap 139 to fulfill a

common positive outcome – the elimination of a major environmental impact. The

main differences between the two laws are that EMA regulates impacts and TP Act 145 Pacific Islands Report, “$5.8 Million Landfill to Replace Nukualofa Dump”, [online] http://pidp.org/archive/2006/March/03-02-09.htm (date accessed: 11th June 2013) 146 Talei, F. date of article: June 9, 2012, “Rehabilitation over for dump site”, [online] http://www.fijisun.com.fj/2012/06/09/rehabilitation-over-for-dump-site/ (date accessed: 9th December 2013) 147 Sydney Morning Herald. date of article: 29 December 2007, “The plastic killing fields”, [online] http://www.smh.com.au/news/environment/the-plastic-killing-fields/2007/12/28/1198778702627.html?page=fullpage (date accessed: 17th December 2013)


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Cap 139, deals with zoning and regulates competing uses. EMA provided the

mechanisms to assess the adverse impacts of the dump and provided for remedial

actions to be implemented. TP Act Cap 139 provided the necessary planning tools to

assess and regulate the use of the site to be more compatible with the surrounding

environment and local community. The challenge is to achieve similar outcomes for

regional and global impacts.


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4.2 Recommendation: Uniformity for the Pacific

In order to achieve a strategic regional approach to environmental and resource

management issues, the SIDS governments need to pull together their resources to

address the principles of sustainability as a collective entity. This can be done in

some shape or form involving legislative reviews, policy and planning regulations

with a regional impact focus, monitoring and enforcement and economic and

political commitment to protection of the region.

SPREP completed a lot of work in PICs in the late 1990’s and early 2000’s on

legislative reviews, development of environmental management statutes and strategic

environmental planning. That momentum needs to be utilized in a wider strategic

aspect to implement protocols to address the concerns for the region e.g. sea level

rise, waste management, air and water quality and natural resource allocation and

utilization, amongst a host of other issues. The dumping of rubbish into rivers and

foreshores has a wider regional and global impact – the rubbish does not disappear,

the tide and currents simply carry it to another location.

A review of the policy and planning regulations could incorporate considerations for

wider regional impacts e.g. if Fiji decided to build a nuclear waste site in exchange

for more funding and assistance from a super power economy, what are the

immediate and long term concerns for Fiji and other PICs. If a regional approach is

taken, then this type of partnership and concern for wider regional impacts could

help leaders make better choices and decisions. The economic benefits of funding

and donor assistance will do little to safeguard communities and the environment in

the event of a nuclear waste leak.

The monitoring and enforcement would happen at the local level but again when

there are proposals that will have major consequences for the region e.g. nuclear

waste site, then there has to be an integrated regional assessment policy that can

guide decisions and formulate actions to address these wider impact issues.

The social issues relating to affordable housing and availability of land can have a

uniquely Pacific approach. A regional solution to be applied locally since most land


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in the Pacific is held under native title, the arrangements for leasing and uses can be

better controlled. This will assure security of tenure for tenants and protection of

proprietary rights for owners which will improve access to land and availability of

land, especially for urban areas. This can definitely assist government tackle the

squatter problem and the unsustainable growth of settlements. The rural to urban drift

in the Pacific context magnifies the social and environmental problems in urban

areas, which are already struggling with current levels of demand on land, natural

resources, infrastructure and waste management.

In preparing its regional plan, a regional council must consider various matters,

including the following:

source: adapted from Caldwell and Hill, Sustainability and Environmental Management

in Fiji

There can be a unique regional approach (a Pacific way) to mitigation measures, for

example larger island countries could endeavor to provide land for the relocation of

populations on atolls or low lying islands that are threatened by sea level rise. Fiji

� any significant conflict between the use, development, or protection of

natural and physical resources or the avoidance of mitigation of such a

conflict

� any significant need for the protection of natural and physical resources or of

any site, feature, place, or area of regional significance

� any threat from natural hazards, actual or potential adverse effects of the

storage, use, disposal, or transportation of hazardous substances which may

be avoided or mitigated

� any significant concerns of the indigenous population for their cultural

heritage in relation to natural and physical resources

� the restoration or enhancement of any natural and physical resources in a

deteriorated state or the avoidance or mitigation of such deterioration

� any use of land or waters that has actual or potential adverse effects on soil

conservation or air quality or water quality.


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has to this end made available 6000 acres of land in Savusavu for Kiribati to

purchase for their food security and relocation of its people due to sea-level rise.148

This was finalized recently at a meeting in Nadi.149 There could be a council formed

with representatives from SIDS, which can look at the adverse environmental

impacts and climate change threats affecting the region.

It is the vast expanse of the Pacific Ocean that binds the SIDS together and this same

ocean now threatens the very existence of so many small island countries. It is

imperative that a uniform environmental management plan is adopted by PICs for

their own situations. The current problem seems to be that the Pacific region is

grouped with Asia (which includes India and China) and by doing so Pacific issues

become comparatively insignificant and may not get the necessary attention they

deserve. If the region works together to formulate a collective plan to address

specific environmental concerns affecting their people and their land, then they will

have a stronger voice that brings their plight to the attention of the international

development partners.

148 Fiji Times newspaper article, date of article: 04/02/2013, “Kiribati to buy land in Fiji”, [online] http://www.fijitimes.com/story.aspx?id=224285 (date accessed: 10th April 2013) 149 Fiji Sun newspaper article, date of article: 09/07/2013, “Why Kiribati buys here”, [online] http://www.fijisun.com.fj/2013/07/09/why-kiribati-buys-here/ (date accessed: 14th July 2013)


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4.3 Conclusion

Once EMA became operative many of the most obvious gaps and deficiencies with

the sustainable utilization of resources in Fiji were addressed through the

implementation and adoption of environment policies and programs. The use of EIA

practices as part of the planning process and development control requirement has

articulated policies for sustainable development by actively managing impacts (ie.

avoid, minimize or remedy) and empowering communities in these processes via

public hearings. This new era of participatory decision making has profoundly

altered the basis of government administration and given the public voice more

consideration. There has been an improvement in government agency collaboration

and stakeholder cooperation, to ensure that the appropriate institutional arrangements

are in place for successful delivery of the environmental protection initiatives and

procedures. Government agencies, industry, and civil society have started working

with each other and taking responsibility for the protection of the environment and

sustainable use of resources that they utilize or administer.

Most of the existing statutes were not drafted with specific environmental protection

provisions. There are references to the environmental considerations but only as an

offset of the principle aims of those statutes. EMA has brought about a strengthening

of these various legislations by addressing many of the ecological protection issues

missing from most of the existing statutes into one environmental and resource

management policy. EMA does not replace any of the existing statutes but rather

provides an environmental dimension to the vast array of jurisdictional, planning,

protection and conservation laws. Fiji has in the EMA, an environment and resource

management policy that is comparable to that of more developed jurisdictions. It is

one that now addresses issues related to development, waste and pollution through a

systematic process of assessment, consultation and monitoring. Although

enforcement and prosecution may seem to be beyond the capability of the authorities

charged with policing the compliance mechanisms, it still represents a major shift in

government’s position on dealing with environmental degradation issues and to bring

about better environment laws to safeguard our future.


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Environmental degradation through uncontrolled development have led to much

ecological damage but with EMA now in effect, the government and stakeholders

can address the immense range of social, economic and environmental issues that

shape the policies pertaining to environmental protection and sustainable

development in Fiji. This can be through remedial actions for existing impacts or in

the case of new developments; options on how to either minimize the risks or avoid

the impacts. The main focus is to balance competing impacts and to provide an

impact assessment system at project level that facilitates development and in a wider

context ensures that the surrounding area is not completely degraded. The bottom-

line is that all development involves impacts of some description and sustainable

development practices encompasses finding the right mix of positive and negative

impacts at the project level and to track those through to the wider national and

regional context.

The EMA has made EIA an integral part of the development control process which

augers well for both the decisions made at the project level and in a wider context

highlighting policy areas that may need to be reviewed for national and regional level

settings. The range of processes that an EIA entails helps to enhance the

development process, from the community consultations, identification of risks and

adverse impacts, design and mitigation processes as well as when to make the

difficult decision not to proceed with a project in the greater interest of the

environment and communities. This is really the public participation exercise in

motion and it has brought a better understanding between developers and

communities since both sides must be in agreement for the proposal to proceed. The

various other planning statutes and in particular the TP Act Cap 139 remain the main

development control laws but have been bolstered with the inclusion of EMA

focusing on environmental considerations. Adaptation of local SEA processes and

IEA processes by DoE and other relevant ministries will further enhance the

environmental and resource management objectives of government by identifying

policy gaps and where necessary reviewing policies to have better compliance and

enforcement mechanisms.


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The Waste Management and Pollution Control requirements add a new dimension to

the overall protection and mitigation considerations of environmental protection and

sustainable development goals. There are now initiatives for a national resource

management plan and resource inventory to assist in conducting an assessment of the

current state of the environment and to make decisions for allocation and utilization

of resources based on relevant and accurate data.

The environmental and resource management policies, plans and programs have

given government the capability to collect information and analyze data for

immediate and future development decisions. These processes will ensure

sustainable management and utilization of resources. This convergence of actions

will shift the use of resources towards a sustainable basis and help to protect the

environment from the adverse impacts of development by balancing competing

interests. The emphasis must be nationally based but regionally focused and geared

towards discussions on environmental issues, strengthening data acquisition and

improving information sharing processes.

The Lami rubbish dump example has answered the research questions posed at the

beginning of the thesis and it is clear that the closure of the dump and rehabilitation

of the site was the best outcome for that locality. It has enhanced the character of the

area, prevented further adverse effects on the character of the receiving environment

and returning the site to its natural state (i.e. foreshore and mangrove ecosystem) is

compatible and sensitive to the character of the surrounding environment.

- The sustainability measure of success is to achieve a satisfactory level of

compatibility to the character of the area in which the development is

located; the closure of the Lami dump and rehabilitation of the site

achieved this.

- That activities have either no significant adverse effects or diminish the

amenity of the neighboring areas; returning the site to its natural state (i.e.

foreshore and mangrove ecosystem) has prevented any further reduction

in the amenity of the neighboring areas.


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- That any proposed development is sensitive to the elements that define

the character of the receiving environment and should be designed and

located to avoid conflict; the proposed activities for the rehabilitated site

are of a recreational and social nature. The redevelopment of the site

includes plans to develop a kiosk, recreational facilities and a leisure park.

This is much more sensitive to the character of the area.

The best outcomes for any receiving environment must be determined by a clear

assessment that incompatible effects of activities within or between each

environment area were either avoided, remedied or mitigated – the rehabilitation of

the Lami dump site ensured that incompatible effects of activities were mitigated and

through land reclamation, contouring and rock reinforcement along the river banks,

waste and leachate flowing into the river at high tide were remedied. The use of gas

vents provided a safe method of venting methane gas from the layers of decaying

waste. The proposed recreational uses of the rehabilitated land are appropriate to the

character of the area (i.e. foreshore and mangrove ecosystem) and will definitely

enhance the receiving environment, in stark contrast to the previous use as a rubbish

dump.

Sustainable development in its most basic form is about viewing the world as a

system — a system that connects space and time. The various impact assessment

processes give us the mechanisms to understand this perspective through the simple

fact that we are connected by the space that we all share – that space is this planet.

The system over time and quality of life helps contextualize the connectivity between

intra and inter-generational impacts. The decisions and actions within a generation

impact their quality of life and also have consequences for the next generation

affecting their quality of life – our actions connect us over time.

References

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