review of policy and legislation relating to the use and ... · review of policy and legislation...
TRANSCRIPT
Review of Policy and Legislation Relating to the Use and
Management of Mangrove Ecosystems in the Solomon
Islands
Source: Viliame Waqalevu
MANGROVE ECOSYSTEMS FOR CLIMATE CHANGE ADAPTATION AND LIVELIHOOD
TABLE OF CONTENTS
LIST OF LEGISLATION ................................................................................................................................ i
ACRONYMS AND ABBREVIATIONS ........................................................................................................... ii
Executive Summary ................................................................................................................................. iv
PART 1: INTRODUCTION ......................................................................................................................... 1
1.1. Background of the Review ....................................................................................................................... 1
Review Purpose, Scope and Methodology ......................................................................................................... 1
1.1. Structure of the Report............................................................................................................................ 1
PART 2: MANGROVES RESOURCES, DEVELOPMENTS AND ISSUES IN THE SOLOMON ISLANDS ............ 2
2.1. Mangrove Area ........................................................................................................................................ 2
2.2. Mangrove Uses ........................................................................................................................................ 4
2.3 Threats to Mangroves .............................................................................................................................. 5
2.3. Mangrove Management and Governance .............................................................................................. 6
2.4. Discussion ................................................................................................................................................ 7
PART 3: MANGROVE POLICY CONTEXT IN THE SOLOMON ISLANDS ..................................................... 8
................................................................................................................................................................ 9
3.1. Overview .................................................................................................................................................. 9
3.2. Development Policies and Plans ............................................................................................................ 10
3.2.1. National Coalition for Reform and Advancement Policy 2010 .............................................................. 10
3.2.2. Solomon Islands National Development Strategy: 2011 - 2020 (NDS) .................................................. 11
3.3. Environment Plans and Policies ............................................................................................................. 13
3.3.1. National Environmental Management Strategy (1993) ........................................................................ 13
3.3.3. National Solid Waste Management Strategy (NSWMS) (2009) ............................................................ 16
3.4. Climate Change Policies and Plans ........................................................................................................ 17
3.4.2. Solomon Islands National Adaptation Programmes of Action (NAPA) 2008 ......................................... 19
3.5. Sectorial Policies and Plans .................................................................................................................... 19
3.5.1. Solomon Islands National Strategy for the Management of Inshore Fisheries and Marine
Resources (MFMR) 2010 - 2012 ....................................................................................................................... 19
3.6. Discussion .............................................................................................................................................. 20
PART 4: LEGISLATION ............................................................................................................................ 22
4.1. Mangroves, Terrestrial and Marine Tenure Law and Legal Mechanisms for Conservation .................. 22
Terrestrial and Marine Tenure ......................................................................................................................... 22
4.2. Legal Mechanisms for Conservation ...................................................................................................... 26
Customary Law Conservation: Marine Taboos ................................................................................................ 26
Declaration of Protected Areas: Protected Areas Act 2010 and Protected Areas Regulations 2012 .............. 26
Forest Reserves - Forest Resources and Timber Utilization Act [Cap 40] ......................................................... 29
4.3. Sectoral Legislation Regulating Activities which May Affect Mangroves .............................................. 30
Regulation of Commercial Exploitation of Forest Resources and Timber: The Forest Resources and
Timber Utilization Act [Cap40] ......................................................................................................................... 30
4.4. Regulation of Extractive Industries: Minerals and Petroleum ............................................................... 31
Mines and Minerals Act [Cap 42] ..................................................................................................................... 31
Petroleum (Exploration) Act [Cap 44] and Petroleum Act [Cap 81] ................................................................. 33
4.5. Fisheries and Marine ............................................................................................................................. 33
The Fisheries Act 1998 ..................................................................................................................................... 34
Shipping Act 1998 ............................................................................................................................................ 35
4.6. Mangroves and Cross-Cutting Legislation Regulating Environmental Protection, Pollution and
Planning Law .......................................................................................................................................... 36
Development Control and Environmental Impact Assessment under the Environment Act and
Regulations ...................................................................................................................................................... 37
Land Use Planning ............................................................................................................................................ 38
Land Use Planning under the Town and Country Planning Act [Cap154] ........................................................ 38
Land Use Planning under the Provincial Government Act 1997 and Local Government Act [Cap 117] .......... 39
Pollution Control .............................................................................................................................................. 39
Pollution Control under the Environment Act and Regulations ....................................................................... 40
Pollution Control under the Provincial Government Act and Local Government Act ..................................... 40
PART 5: NEXT STEPS - Summary and options and recommendations for policy and law reform ........ 41
5.1. Summary of findings of the policy review ............................................................................................. 41
5.2. Options and Recommendations for Policy ............................................................................................ 41
5.2.2. Community Participation and Consultation ........................................................................................... 42
5.2.3. Mainstream of Policies .......................................................................................................................... 42
5.2.4. Mangrove Protected Areas .................................................................................................................... 42
5.2.5. Awareness .............................................................................................................................................. 42
5.2.6. Ridge-to-Reef Management Approach .................................................................................................. 43
5.2.7. Mangrove Records ................................................................................................................................. 43
5.2.8. Community-Based Conservation ............................................................................................................ 43
5.3. Summary of findings of the review of legislation .................................................................................. 43
5.4. Options and Recommendations for Law Reform .................................................................................. 44
BIBLIOGRAPHY AND REFERENCES ......................................................................................................... 51
TABLE OF BOXES
BOX 1: 10 Environmental Objectives ........................................................ Error! Bookmark not defined.
BOX 2: Enacting a stand-alone mangrove statute or regulation for mangroves .................................. 45
BOX 3: Key recommendations for Law reform with or without a stand-alone mangroves legislation 46
TABLE OF KEY MESSAGES
KEY MESSAGES: Theme Policies and Plans ............................................................................................. 8
KEY MESSAGES: Theme Policies and Plans (Cont.) ................................................................................. 9
KEY MESSAGES: Terrestrial and Marine Tenure Legislation ................................................................. 22
KEY MESSAGES: Conservation Mechanisms Legislation ....................................................................... 26
KEY MESSAGES: Forest Resources and Timber Utilization ................................................................... 30
KEY MESSAGES: Mines and Minerals Act .............................................................................................. 31
KEY MESSAGES: Petroleum (Exploration) Act and Petroleum Act ........................................................ 33
KEY MESSAGES: Fisheries and Marine .................................................................................................. 33
KEY MESSAGES: Cross-Cutting Legislation Regulating Environmental Protection, Pollution and
Planning Law ......................................................................................................................................... 36
i
LIST OF LEGISLATION
Solomon Islands Constitution
Customary Land Records Act [Cap 132]
Environment Act 1998
Environment Regulations 2008
Fisheries Act 1998
Fisheries (Amendment) Act 2009
Forest Resources and Timber Utilization [Cap 40]
Lands and Titles Act [Cap 133]
Mines and Minerals Act [Cap 42]
Protected Areas Act 2010
Protected Areas Regulations 2012
Petroleum Act [Cap 81]
Petroleum (Exploration) Act [Cap 44]
Shipping Act 1998
Town and Country Planning [Cap 154]
Provincial Government Act 1997
Local Government Act [Cap 117]
ii
ACRONYMS AND ABBREVIATIONS
ABS Access to genetic resources and the fair and equitable sharing of benefits
arising out of their utilization
CBD UN Convention on Biological Diversity
CCD UN Convention to Combat Desertification
CDM Clean Development Mechanism
CI Conservation International
CITES The Convention on International Trade of Endangered Species
CPTH Code of Practice for Timber Harvesting
DRR Disaster Risk Reduction
EAFM Ecosystem Approach to Fisheries Management
ECANSI Environment Concerns Action Network of Solomon Islands
ECD Environment and Conservation Division
EIA Environmental Impact Assessment
EIS Environment Impact Statement
FAO Food and Agriculture Organization
FSPI Foundation of the Peoples of the South Pacific
GHG Greenhouse Gas
IMO International Maritime Organization
IUCN International Union for the Conservation of Nature
KGA Kastom Gaden Association
LLCTC Lauru Land Conference of Tribal Community
MAL Ministry of Agriculture and Livestock
MDPAC Ministry of Development Planning and Aid Coordination
MEA Multilateral Environment Agreements
MECDM Ministry of Environment, Climate Change, Disaster management and Meteorology
MESCAL Mangrove Ecosystems for Climate Change Adaptation and Livelihoods
MFMR Management of Inshore Fisheries and Marine Resources
MFR Ministry of Forestry and Research
MHMS Ministry of Health and Medical Services
MLHS Ministry of Lands, Housing and Surveys
MMERE Ministry of Mines, Energy and Rural Electrification
NAMAs Nationally Appropriate Mitigation Actions
NAPA National Adaptation Programme for Action
NBSAP National Biodiversity Strategic Action Plan
iii
NDMO National Disaster Management Office
NDS National Development Strategy
NEMS National Environmental Management Strategy
NGOs Non-Government Organizations
NSWMS National Solid Waste Management Strategy
PA Protected Area
PER Public Environmental Reports
PICTs Pacific Island countries and territories
PMI Pacific Mangroves Initiative
REDD+ Reducing Emissions from Deforestation and Forests Degradation and enhancing carbon stocks
SILMMA Solomon Islands Locally Managed Marine Area Network
SILRC The Solomon Islands Law Reform Commission
TNC The Nature Conservancy
UN United Nations
UNCBD United Nations Convention on Biological Diversity
UNFCCC UN Framework Convention on Climate Change
WWF World Wildlife Fund for Nature
iv
Executive Summary
The Solomon Islands has a rich mangrove biological diversity with 26 species belonging to 13 families
and 15 genera, representing approximately 43% of the world’s mangrove species (Oreihaka 1997;
Pillai and Sirikolo, 2001; NABSAP, 2009). Mangrove provides an important source of fuel wood,
building materials, medicine, fish, crabs and shellfish and is a critical component of subsistence
fisheries. Over 64,000 hectares of the Solomon Islands is covered by mangrove.
This review and assessment of policies and legislation in the Solomon Islands that relate to the use,
protection and management of mangroves concludes that they do not adequately address the
increasing threats from activities such as urban development and human settlement , land
reclamation, logging, mining, waste disposal and over-exploitation by traditional users.
The report also recognizes the various capacity gaps existing in the Solomon Islands that contribute
to the lack of implementation, monitoring and enforcement of these policies and laws. They includes
poor governance and environmental stewardship; ineffective legislative and policy and institutional
framework;; lack of public awareness and of information sharing for sound environmental
management and decision making; lack of scientific knowledge of, and research into Solomon Islands
environmental issues, including ecologically sustainable development, impacts of climate change and
loss of biological diversity; lack of mainstreaming environmental considerations, biodiversity
conservation and sustainable development across government programs and policies; poor
technology development and transfer (including loss of traditional knowledge); insufficient human
resources and capacity ; insufficient financial resources, limited access to sustainable finance and
lack of financial and economic incentives for conservation of mangroves.
The fragmented responsibility for policies, plans and legislation among a number of agencies and
ministries, poorly coordinated activities with these agencies, the lack of effective implementation,
monitoring of policies and enforcement of legislation have also been highlighted in the report. The
need for a comprehensive reform of the management of mangroves is overdue and critical.
The recognition of community-managed areas, which may include mangrove areas, has emerged as
the new and encouraging trend in the more recent legislation, namely the Protected Areas Act and
the yet to be enacted Fisheries Bill.. Provincial Ordinances may also give recognition to community-
based management of mangroves, and Provinces should be encouraged to enable these
management systems for mangroves.
This Review concludes with detailed recommendations for policy and law reform that could be
considered by Government for the better and sustainable use, management and protection of
mangroves ecosystems in the Solomon Islands which would support climate change adaptation and
livelihood.
Incorporated in this document are recommendations for policy and law reform that could be
considered by Government for the better and sustainable use, management and protection of
mangroves and the mangrove ecosystems in the Solomon Islands.
1
PART 1: INTRODUCTION
1.1. Background of the Review
The MESCAL project, a German Federal Ministry for Environment, Nature Conservation and Nuclear
Safety funded project, is administered through the International Union for the Conservation of
Nature (IUCN) Oceania Regional Office in collaboration with the Government of Solomon Islands
through the Ministry of Environment, Climate Change, Disaster management and Meteorology.
The Solomon Islands is one of one of the five project countries which also include Fiji, Samoa, Tonga
and Vanuatu. MESCAL is part of the broader Pacific Mangroves Initiative (PMI) with the key goal 'to
assist the Pacific island countries and territories (PICTs) to implement sound practices and capacity
building in mangrove management, including raising awareness of and maintaining high biodiversity
values and ecosystem goods and services that can sustain or even improve the livelihoods and
wellbeing of the local population depending of these coastal ecosystems'.
Review Purpose, Scope and Methodology
Purpose of the Review. The purpose of this Review is to contribute to the goal of the MESCAL
project to “Increase resilience to climate change and improve livelihood in Pacific Island countries
through adaptive co-management of mangroves and associated ecosystems” by proposing options
and recommendations for policy and law reform for consideration by the Government of the
Solomon Islands.
Scope of the Review. The review undertakes (i) a stock take and an overview of policies and
legislation relating to mangroves, mangrove use, protection, management and mangrove
ecosystems and (ii) an analysis of the extent to which these policies, plans and legislation
mangroves, mangrove ecosystems, mangrove protection, use and management are reflected in the
existing policies, plans and legislation reviewed.
Review Process/Methodology. The primary components were research and desktop-based
review. The discussion of preliminary findings of the desktop-based review was organized through a
half-a-day workshop at the Mendana Hotel conference room in Solomon Islands followed by one-on-
one meetings with key relevant stakeholders. Key stakeholders from Government and civil society
organizations were consulted as being part of the ground truth and stakeholder consultation
process. The draft review report was widely circulated internally and externally for comment.
1.1. Structure of the Report
This report comprises five Parts. Following this introduction, Part 2 provides an overview of
mangroves in the Solomon Islands, including their governance and management. Part 3 highlights
key policies and plans, providing an analysis on the extent to which they address mangrove use,
protection, management and the mangrove ecosystems. The Solomon Islands’ legislation relating to
mangroves is reviewed and analyzed in Part 4. Finally, the Next Steps section offers brief conclusions
and options that may be considered by the Government of Solomon Islands to better address the
use, management and protection of mangroves and mangrove ecosystems.
2
PART 2: MANGROVES RESOURCES, DEVELOPMENTS AND ISSUES IN THE
SOLOMON ISLANDS
2.1. Mangrove Area
There have been a number of detailed mangrove studies conducted for the Solomon Islands.
Additionally, different estimates of the total area of mangroves in the Solomon Islands have been
reported by these studies.
Solomon Islands have been reported to have a rich mangrove biological diversity with 26 species
belonging to 13 families and 15 genera, representing approximately 43% of the world’s mangrove
species (Oreihaka 1997; Pillai and Sirikolo, 2001; NABSAP, 2009). The Solomon Islands mangrove
flora is dominated by Rhizophora and Bruguiera.
Key Messages
Solomon Islands has 26 species of mangroves, representing approximately 43% of the
world’s mangrove species
Solomon Islands mangrove flora is dominated by Rhizophora and Bruguiera.
Mangroves in Solomon Islands is estimated to be 53,000 hectares for 1990; 45,500
hectares in 2000; 41,500 in 2005 and 37,700 in 2010.
Mangroves are found on most islands of the Solomons – on Malaita with significant
stands of mangroves found at Lau Lagoon (North Malaita), LangaLanga Lagoon (West
Malaita), Are Are Lagoon (Southwest Malaita), and Maramasike Passage (between Small
Malaita and Malaita).
Mangroves provide Solomon Island coastal communities with one quarter of their weekly
food and cash incomes. Mangrove fruit (for food) and timber (for buildings and firewood)
are the main goods valued by the study communities and represent an annual household
value of SBD$2,500 - $10,700 (USD356 - 1,525), while fish and invertebrates from
mangroves provide an additional SBD$5,500 - $12,100 (USD784 - 1,724) in subsistence
and cash income.
Mangroves are under increasing threat from activities such as urban development,
construction of new settlements, land reclamation, logging, log ponds, mining,
reclamation for human settlement, waste disposal and over-exploitation by traditional
users.
Mangrove areas in Solomon Islands are grounded in customary land and marine tenure,
with the people having traditional property (mangrove) ownership rights through the
communal ownership system.
The national institution charged with environmental management and monitoring is the
Environment and Conservation Division (ECD) within the Ministry of Environment,
Climate Change, Disaster Management and Meteorology (MECDM).
3
0
10,000
20,000
30,000
40,000
50,000
60,000
1990 2000 2005 2010
Are
a(h
ect
are
s)
Year
Figure 1: Total Mangrove Area in Solomon Islands 1990 -2010
Hansell and Wall (1976) estimated the area covered by mangroves in Solomon Islands at 64,200
hectares with the largest areas occurring on the islands of Isabel, Rennel, Shortland, Malaita and
New Georgia. Another estimate however, puts it at 52,550 hectares (Solomon Islands National Forest
Resources Inventory, 1995). This shows a
total mangrove loss of 11,650 hectares of
mangroves.
A recent estimate in the Food and
Agriculture Organization (FAO) Forest
Assessment report (2010) provides the area
of mangrove forest in the Solomon Islands
to be 53,000 hectares for 1990; 45,500
hectares in 2000; 41,500 in 2005 and 37,700
in 2010. This is illustrated in Figure 1 where
it can be seen that the total mangrove area
in the Solomon Islands has declined over the
years.
Mangroves are found on most islands of
the Solomons – on Malaita with significant
stands of mangroves found at Lau Lagoon
(North Malaita), LangaLanga Lagoon
(West Malaita), Are Are Lagoon
(Southwest Malaita), and Maramasike
Passage (between Small Malaita and
Malaita).
On Guadalcanal, the mangrove
stands are more or less
confined to Marau Sound,
situated at the eastern
extremity of the island. On San
Cristobal (Makira), the
mangroves are confined to Star
Harbour and the Three Sisters
Islands with the dominant
mangrove genus being
Rhizophora.
In the Western Province,
mangroves are found around
Hawthorn Sound, the southern
shores of New Georgia Island
and in the Marovo Lagoon. The
largest stands of mangroves on
Santa Isabel are found around
Mangrove Areas in Solomon Islands from the
1990s
4
Western Santa Isabel, the Arnarvon Islands (Arnavon Marine Conservation Area), between San Jorge
Island and the mainland, the Thousand Ships Bay, and the Ortega Channel.
On Choiseul, mangroves are found at the southeastern end of the island, including Waghena and Rob
Roy Islands, as well as the northwestern end of the island. In the Central Province, the largest stands
of mangroves occur along the entire length of Mboli (Utaha) Passage separating the islands Nggela
Sule and Nggela Pile (Florida Islands). The mangroves of Temotu Province are dominated by R.
apiculata and B. gymnorhiza. Other common species include L. littorea, R. stylosa and H. littoralis.
2.2. Mangrove Uses
Mangrove provides a number of uses to coastal communities and villages of the Solomon Islands.
There is a strong reliance upon three main categories of mangrove goods for subsistence and cash:
firewood, food, and building materials. A project on the Mangrove Ecosystem Services and Payments
for Blue Carbon in Solomon Islands that was conducted through a partnership between the
WorldFish Center and the Solomon Islands Ministry of Environment, Climate Change, Disaster
Management and Meteorology (MECDM) provided an economic value of goods obtained from the
mangrove ecosystem.
The study reported that mangroves provide Solomon Island coastal communities with one quarter of
their weekly food and cash incomes. Additionally, mangrove fruit (for food) and timber (for buildings
and firewood) are the main goods valued by the study communities and represent an annual
household value of SBD$2,500 - $10,700 (USD356 - 1,525), while fish and invertebrates from
mangroves provide an additional SBD$5,500 - $12,100 (USD784 - 1,724) in subsistence and cash
income.
The rural communities in the Solomon Islands have basic knowledge of the ecological function of
mangroves with fish/nursery habitat and storm protection however, the role of mangroves in global
carbon cycles was the least known service. This latter use of mangroves is currently being explored in
the Solomon Islands.
Woman collecting shellfish from the mangroves in Malekula, S.I.
5
2.3 Threats to Mangroves
Although the commercial felling and use of mangroves is regulated under the Resources and Timber Utilization Act, mangrove degradation in the Solomon Islands continues. In the Solomon Islands, mangroves are under increasing threat from activities such as urban
development, construction of new settlements, land reclamation, logging, mining, reclamation for
human settlement, waste disposal and over-exploitation by traditional users. In some parts of the
country (e.g. Are Are Lagoon), mangroves are the major source of firewood for households (domestic
use) and for drying beche-de-mer and copra.
Pillai and Sirikolo (1997) reported that mangrove trees are being logged in Marau Sound
(Guadalcanal), LangaLanga Lagoon (Malaita) and possibly elsewhere in the country. Mangrove areas
are increasingly being used for settlement as coastal villages grow. This is evident in Are Are and Lau
lagoons on Malaita, around Western Isabel, Southeastern Choiseul and parts of Western Province
(e.g. Marovo lagoon and around Munda/Noro area).
The establishment of log ponds has led to the clearance of mangroves in the Solomon Islands
(Department of Forestry.2012.pers.comm.). Often, large areas of mangroves have been cleared for
placement of logs on shorelines and coastal areas for ease of sea transportation for export. Many log
storage points used by loggers on Isabel are reclaimed mangrove areas.
The community leaders of villages in Choiseul
Province had raised the alarm about the impact of
logging operations on forests that protect rivers
and water catchments and the disappearance of
the mangroves that shield villages from storms
and sea level rise.
This has been echoed by one of the community
leaders, Gendley Galo from Nuatabu village on the
North coast of Choiseul Province, Solomon Islands.
At one of the meetings in Taro where a new
Vulnerability and Adaptation Assessment report
was presented to representatives from
community, government and development
agencies by the Secretariat of the Pacific Regional Environment Programme (SPREP), Mr. Galo said,
'We have a logging company who is operating in our area. I am concerned with what is happening. It
was a terrible sight to see the log pond being established that devastated about 2 hectares of
mangroves that were cut down (SPREP, 2013; Scoop Independent News, 2013)'.
Apart from the human induced causes discussed above, natural events also impact on mangroves,
for example, the uplift on Ranonga Island in the April 2007 earthquake isolated mangroves in
Ranonga from the sea by a distance of 50 - 100m, resulting in the eventual die off of mature trees.
Kindu Log Pond, West New Georgia Source: Solomon Star
6
2.3. Mangrove Management and Governance
Most mangrove areas in Solomon Islands are grounded in customary land and marine tenure, with
the people having traditional property (mangrove) ownership rights through the communal
ownership system. In fact, these property rights are extended into the ocean up to the coral reefs in
certain cases.
The national institution charged with environmental management and monitoring is the
Environment and Conservation Division (ECD) within the Ministry of Environment, Climate Change,
Disaster Management and Meteorology (MECDM). Formally established on 22 December 2007, the
responsibilities of MECDM are considerable, given its role in the management of environment,
conservation of biodiversity, awareness raising, adaptation to climate change and provision of
meteorological services. These responsibilities of the Ministry are provided for under the
Environment Management Act 1998 and the Wildlife Protection Act 1998. Additionally, MECDM plays
a key role in fulfilling the commitments and obligations of government with regards to international
conventions, in particular on the United Nations Convention on Biological Diversity (UNCBD) ratified
in 1995.
The Environment and Conservation Division mission is 'to improve and strengthen the institutional
and administrative capacity of the Division and be able to promote the protection, conservation and
sustainable management of the use of the environment and natural resources of Solomon Islands'
with an overarching objective to promote the protection, restoration and enhancement of the
quality of the environment of Solomon Islands. This is for the maximum benefit and welfare of
Solomon Islanders with the view of promoting sustainable development. The ECD is mandated under
the Environment Management Act 1998 and the Wildlife Protection Act 1998 to carry out the
following functions: environment impact assessment, environment auditing, conservation area
management and development, biodiversity planning and conservation, waste management and
pollution prevention, environment planning, invasive species management, environment awareness
and education, biological safety, chemicals management and sustainable development issues.
The Ministry of Forestry and Research is the coordinating government agency for mangroves and
wetland related matters.
The other government agencies that are also responsible for environment management related work
and legislation comprising mangroves include: Ministry of Forestry and Research (MFR), Ministry of
Agriculture and Livestock (MAL), Ministry of Fisheries and Marine Resources (MFMR), Ministry of
Mines, Energy and Rural Electrification (MMERE), Ministry of Health and Medical Services (MHMS),
Ministry of Lands, Housing and Surveys (MLHS), Ministry of Development Planning and Aid
Coordination (MDPAC), National Disaster Management Office (NDMO), Visitors Bureau and National
Museum.
At the Provincial level, the Town and Country Planning Boards are formed to undertake planning,
regulatory and resource management functions.
Apart from government agencies, non-government organizations (NGOs) work with communities in
awareness programs on environmental issues, including mangroves as part of the resources and
ecosystems of great value to village communities. The Nature Conservancy (TNC), World Fish Centre,
7
Foundation of the Peoples of the South Pacific (FSPI), Conservation International (CI), Live and Learn
Environmental Education Solomon Islands, Environment Concerns Action Network of Solomon
Islands (ECANSI), Solomon Islands Locally Managed Marine Area Network (SILMMA), Lauru Land
Conference of Tribal Community (LLCTC) and Kastom Gaden Association (KGA).
2.4. Discussion
Fragmented Government Structure
The fragmented government structure seen with the number of ministries and agencies looking after
environment issues, in general is seen in section 2.4 of the report. This often leads to the lack of
coordination of government and agencies involved in addressing environmental management issues
and delivering the international convention obligations.
Institutional Strengthening
Institutions are fragmented and there is confusion over roles on who is responsible for mangroves.
This often leads to duplication of duties, which should be done by a single institution or ministry. It
also leads to some negligence of some important duties that need to be carried out. The
Government needs to come up with clear guidelines of responsibilities to avoid confusion and better
cohesion in the administration of mangroves.
Monitoring and Implementation
Environmental issues, in general have been administered by the respective government departments
and ministries. Yet, the implementation and monitoring of these policies - as well as the
enforcement of the associated legislation- is lacking due to budgetary and human resource
constraints.
8
PART 3: MANGROVE POLICY CONTEXT IN THE SOLOMON ISLANDS
KEY MESSAGES: Theme Policies and Plans
There is no specific policy on mangroves. However, mangroves are implicitly covered in
some of the existing policies like the National Biodiversity Strategy and Action Plan
(NBSAP).
The National Environment Management Strategy (NEMS) extensively addressed
mangroves and mangrove issues.
Government may need to review, amend existing policies to integrate mangroves and its
protection as a separate section. The NEMS should be reviewed, updated, enforced,
implemented and monitored closely.
The implementation and monitoring of the existing policies to be done by the responsible
Ministry and government department.
Mangrove Policy/Framework or Mangrove Management Plan
Given the increasing threats to the mangroves and mangrove ecosystems imposed by human-
induced activities, and in particular log ponds, the stakeholders consulted highlighted the need
for a stand-alone mangrove policy. Alternatively, the formulation of the mangrove management
plan may be and could be considered by Government.
Community Participation and Consultation
Given the customary land ownership and tenure system in Solomon Islands, the involvement of
communities in the consultation process in any mangrove policies to be formulated was
highlighted at the stakeholders meeting.
Mainstream of Policies
The mainstreaming of mangrove management and conservation into all government and sectorial
policies is needed to ensure that high priority is given to mangroves, considering its importance
to coastal communities. More importantly, given the threats it currently faces in the context of
climate change, sea level rise and man-induced activities, i.e., reclamation, urban development,
over-exploitation of resources, etc.
Mangrove Protected Areas
The establishment and declaration of mangrove protected areas with provisions in the Protected
Areas Act and Regulation may be enforced by Government. This should see some form of
protection and management measures that may control continued destruction on mangroves.
9
3.1. Overview
Mangroves and the mangrove ecosystems in the Solomon Islands have great biological diversity and
are of importance. However, at the same time, these resources have been under threat from being
overharvested, exploited, used and managed in an unsustainable manner.
There is no specific mangrove legislation or policy in Solomon Islands. However, mangroves are
protected from commercial logging and export under the Forest Resources and Timber Utilization Act
(Leary, T. nd). The various environmental policies in Solomon Islands have indirectly addressed issues
relating to the use, protection and management of mangrove resource and ecosystems. However,
they have not been accorded priority, focus and attention.
Solomon Islands Government is also a party to several regional and international environmental
agreements which oblige it to protect, sustainably, utilize and manage coral reefs and marine
resources. They have ratified (or acceded to) Multilateral Environment Agreements (MEA),
committing Government to develop national policies and legislation to give effect to these
agreements. The UN Convention on Biological Diversity (CBD), the UN Framework Convention on
Climate Change (UNFCCC) and its Kyoto Protocol, the UN Convention to Combat Desertification
(CCD), the Convention on International Trade of Endangered Species (CITES), the International
KEY MESSAGES: Theme Policies and Plans (Cont.)
Awareness
Awareness programs at all levels on the importance of mangroves should be conducted on a
regular basis by all stakeholders
Ridge-to-Reef Management Approach
Recognizing the close connectivity of livelihoods and natural resources and the links between
terrestrial, coastal and marine ecosystems; ecosystem based adaptation; a ridge to reef
management approach is an appropriate adaptation response and way of ensuring protection to
mangroves and mangroves ecosystems.' Additionally, land use planning should be considered by
Government with the formulation of land use policy or an integrated plan for land use.
Mangrove Records
The mangrove resource database needs to be improved. Firstly, the areal extent of mangroves in
Solomon Islands should be determined accurately. A comprehensive survey of mangrove species
diversity and richness should be undertaken. Equally, all other mangal flora and mangrove fauna
should be surveyed and documented.
Community-Based Conservation
Community-based conservation is increasingly becoming acceptable in Solomon Islands, as a
result of combined efforts by the Government, NGOs like The Nature Conservancy and World
Wildlife Fund for Nature (WWF) through education and awareness programmes.
10
Convention for the Prevention of Pollution from Ships are some of the MEAs that Solomon Islands
have ratified or acceded to. They contain obligations of relevance to mangroves.
The Solomon Islands are yet to accede to the Ramsar Convention on Wetlands. The Solomon Islands
does not have a specific Wetland Policy and legislation but the MECDMM is the coordinating
government agency for mangroves and wetland related matters.
Solomon Islands have embarked on a number of policy initiatives to meet its commitments for
Sustainable Development vis-à-vis Biodiversity Initiatives, Land Degradation Programs and
Reforestation, Climate Change Policy: Mitigation and Adaptation. Some of these policies have direct
linkages, although not explicitly spelt out, on mangrove biodiversity protection, mangrove resource
use and management and are reviewed under this section of the report.
In the absence of a mangrove policy or plan, the report then reviews some of the key policies and
plans in Solomon Islands relating to the use, protection and management of mangroves. The
following section highlights and analyses these key policies and plans.
3.2. Development Policies and Plans
3.2.1. National Coalition for Reform and Advancement Policy 2010
The policy provides economic reform measures and policy directions to be taken by the National
Coalition for Reform and Advancement (NCRA) government. The theme for this policy statement is
'Building a New Solomon Islands in the 21st century'. The government recognizes pursuing
development and growth in the development of its major growth sectors especially in tourism,
fishery, forestry and mining.
Section '5.1.8 of the document on Environment, Conservation and Climate Change' recognized the
achievement of sustainable economic growth within an appropriate environmental protection and
conservation framework. Nine (9) policy actions have been identified and will be undertaken by the
NCRA government in relation to 5.1.8. The policy actions that relate to the use and management of
mangroves include: (a) increase awareness on the principles of adaptation and mitigation and
climate change, (b) promote carbon trading, (c) increase awareness to all rural communities on the
importance of conserving resources and becoming responsible custodians of the natural
environment, (d) give priority recognition to sustainable management of the country’s environment
since it directly supports the subsistence and formal economy of the country, (e) ensure
environmental issues are integrated into other sectors such as development planning, agriculture,
fisheries, mining, tourism, education and health so that adequate understanding about
environmental issues of a cross-cutting nature is present amongst staff in these important sectors
and (f) introduce legislation to protect and manage the country’s biodiversity, including the flora,
fauna and eco-systems.
Section 5.1.8 highlights some actions and policy statements that indirectly benefit the use and
management of mangroves. Additionally, they provide some basis for protection to mangroves and
the mangrove ecosystems, as in the case of promoting carbon trading.
However, there is lack of integration of environment issues and sustainable development in the key
sectors of growth and development promoted by NCRA government in forestry, fisheries, and
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tourism. This gap contradicts the policy statements to ensure the integration of environmental issues
in these sectors and does not provide clear policy direction. This may contribute to environmental
issues being given a low priority overall.
The implementation of all policy actions of 5.1.8 needs also to be monitored to ensure that it is
achieved.
3.2.2. Solomon Islands National Development Strategy: 2011 - 2020 (NDS)
The Government’s overarching development planning framework is the Solomon Islands National
Development Strategy: 2011 - 2020. With the national vision 'A United and Vibrant Solomon Islands'
the strategy embodies the aspirations and hopes of the people of Solomon Islands with the
overarching theme – 'To build Better Lives for all Solomon Islanders'.
The NDS includes a range of focus areas and objectives, policies and strategies that together can
contribute to enhance adaptation, disaster risk management and mitigation capacity in Solomon
Islands. More specifically, the national mission of the strategy is to: (i) create a modern, united and
vibrant Solomon Islands founded on mutual respect, trust and peaceful co-existence in a diverse, yet
secure and prosperous community, where tolerance and gender equality are encouraged and natural
resources are sustainably managed; and (ii) enable all Solomon Islanders to achieve better quality of
life and standard of living for themselves and their families through constructive partnership for
social, economic, political and spiritual development.
The strategy in section 2.3.4 of the NDS recognizes 'Creating and Maintaining the Enabling
Environment (2.3.4 of the NDS)'. This will be achieved through creating and maintaining an enabling
environment and is essential to achieving and fulfilling the objectives of the Strategy - providing the
solid foundation for successful implementation of the NDS. This enabling environment includes
protecting the environment and managing natural resources, effectively working with international
partners, and strengthening good governance within Solomon Islands national, provincial and
community level governments.
Moreover, objective 7 of the underlining focus area is 'to effectively manage and protect the
environment and eco- systems and protect Solomon Islanders from natural disasters' and Objective 8
'to improve governance and order at national, provincial and community levels and strengthen links
between them'.
The policy and strategies for objective 7 addresses climate change and, at the same time,
environment protection which encompasses strategies in climate change, meteorology and
conservation and management. The reduction in greenhouse gas emissions and forest destruction
and sustainable use of natural resources and protection of bio-diversity have been highlighted in the
document.
The conservation and management strategy covers in detail the need to promote a holistic,
sustainable approach to natural resources management, addressing biodiversity, forestry, fisheries
and marine resources and waste management. The approach used includes community governance
regimes, sensitization of the population on dangers of environmental degradation through
awareness campaigns in urban and rural communities concerning environmental laws, regulations
and ordinances on the removing and harvesting of natural resources. As part of the strategies, there
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is also a call for national Government to prepare and enforce laws and regulations for conservation
areas, national parks and sanctuaries on available customary and alienated land areas and marine
reserves to manage and restore threatened flora and fauna and maintain biodiversity.
Environment protection measures have also been highlighted in the development of the mining
sector and in the forestry sector as a result of unsustainable logging.
The focus of the strategy is more economic growth and development driven. The concept of
sustainable development is yet to be fully integrated into this overarching policy document.
However, the protection of environment and management of natural resources has been broadly
recognized in the NDS and is further covered in the objective on the climate change section of the
strategy.
There is no specific reference to mangrove management, use, conservation and protection of
mangrove ecosystems in the strategy but rather on natural resources management to address
biodiversity, forestry and marine resources and waste management. The call for the enforcement of
laws and regulations for conservation areas, national parks and sanctuaries on available customary
land areas and marine reserves would have indirect effects and benefits to the mangrove
ecosystems being encompassed in this activity.
The inclusion of mangroves and mangrove ecosystems as conservation or protected areas could be
an option for the Government of Solomon Islands to explore. This was also highlighted by the
stakeholders in the meeting as part of the ground truth meeting in Honiara in November, 2012. It
was the view of the stakeholders that the Protected Areas Act should be amended to have provisions
on the protection of mangroves as a species and or site.
It seems as if economic development and growth continues to take precedence over environmental
considerations in Solomon Islands, despite Government's wish that sectorial developments within its
agencies are environmentally sustainable. There will be continued degradation of the environmental
systems with a corresponding loss of biodiversity if sustainable development, which would see the
protection and management of mangroves and the mangrove ecosystems, is not integrated in such
an overarching document for Solomon Islands.
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3.3. Environment Plans and Policies
3.3.1. National Environmental Management Strategy (1993)
The Solomon Islands National Environmental Management Strategy (NEMS) (1993) is the blueprint
for sustainable development and environment priorities in Solomon Islands, providing the
foundation for implementing the Agenda 21. The 10-point NEMS provides a framework for the
sustainable use and conservation of the biodiversity in Solomon Islands, including mangroves. The
strategy comprises 29 strategies, having a total of 48 programs. The 29 strategies have been further
categorized in ten (10) environmental objectives, shown in Box 1 with the ultimate goal of fully
sustainable development throughout Solomon Islands.
There is a specific section of the report on 'Coastal Environment Management' which recognizes the
coastal zones to be important fisheries habitats of reefs, lagoons, estuaries and mangrove areas. The
degradation of reefs and mangroves were further identified in the document as one of the key
coastal environmental issues.
The degradation of mangrove resources is occurring through: clearing for new housing settlements
and expansion of old ones; cutting for firewood, especially for copra and beache-de-mer drying;
siltation from onshore soil erosion as a result of agriculture and forestry activities; and landfill and
coastal', particularly for waste dumps. In light of these factors, the need to develop coastal
environmental management plans for priority areas has been highlighted.
BOX 1: 10 Environmental Objectives
The 10 environmental objectives include:
l) integrating environmental considerations in economic development;
2) improving environmental awareness and education:
3) strengthening the resource database;
4) protecting areas of high ecological, wilderness & cultural value;
5) improving waste management and controlling pollution,
6) land resource management (excluding forestry);
7) sustainable use of forest resources,
8) sustainable use of marine resources;
9) ensuring the coastal environment is well managed; and
I0) ensuring that exploitation of non-living resources is environmentally safe.
(Extracted from NEMS 1993)
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In maintaining the mangrove resources, the document had identified four strategic goals in the
document and these are: 1) to ensure the utilization of mangrove resources is sustainable; 2) to
prevent degradation of mangrove areas; 3) to rehabilitate degraded mangrove areas; 4) to increase
public awareness of the importance of mangroves. The three key components of activities to ensure
these goals are: mangrove documentation, protection and rehabilitation assessment; feasibility of
sustainable utilization of mangrove resources for fish smoking; and mangrove case study and
community education.
Mangrove documentation, protection and rehabilitation assessment would supplement the National
Forest Resources Inventory by determining the former extent and present area of mangroves/
wetlands and their current condition in Solomon Islands. Those significant mangrove stands which
require protection would be identified. Projects which encourage the replanting or regeneration of
mangroves by local communities would be implemented.
Feasibility of sustainable utilization of mangrove resources for fish smoking would initially assess the
prospects for sustainable utilization of mangroves in the Noro-Munda area. If favorable, practical
cutting cycles and management regimes appropriate to village capabilities would then be developed.
Alternatively, if the prospects prove unfavorable, these actions would be taken: 1) formulate
restrictions to be imposed on such mangrove utilization through area and village councils; and 2)
identify suitable alternative fuel sources of suitable flavor and smoking properties for curing fish.
Mangrove case study and community education would determine the quantity of mangrove-
dependent resources in a selected area and their value to the community. The case study would
form the basis for the development of educational materials on the environmental function,
importance and value of mangroves to the local communities in Solomon Islands. This would be
widely disseminated.
The use and management of mangroves has been extensively covered in detail in this document,
identifying the issues relating to mangroves and strategies and activities to be undertaken by
Solomon Islands to address these issues. The follow up, monitoring and implementation of these
strategies and activities identified in NEMS needs to be undertaken by the ECD. The document
provides a good foundation and acts as a guide on the measures to be taken for the management
and conservation of mangroves in the Solomon Islands. The ECD needs to review and update the
document which it currently uses.
3.3.2. National Biodiversity Strategic and Action Plan 2009
The National Biodiversity Strategic Action Plan (NBSAP) was developed in 2009 and provides the
policy platform to address biodiversity protection and management in the Solomon Islands. The Plan
outlines the framework that will be adopted and implemented to ensure the long-term sustainability
of the country’s biodiversity. The plan provides a guide to the country’s policy towards the effective
protection of biodiversity. The adoption of the NBSAP is envisaged to enable the country to include
the sustainable use and management of biodiversity into all aspects of development. The fulfillment
of this would also meet the Government’s commitment to the CBD agreement.
With the mission 'to protect, conserve and promote Solomon Island’s unique and endemic biological
diversity through sustainable management and utilization for better livelihood and prosperity of all
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Solomon Islanders', the plan identified twelve themes addressing sectorial concerns and issues
pertaining to the sustainable use and management of biodiversity in Solomon Islands. These themes
are: (1) mainstreaming of policies and legislation, ecosystem-based approach to natural resource
management; (2) species conservation; (3)protected area systems, community-based management
approaches; (4) management of invasive species and genetically modified organisms; (5) benefit
sharing and access to genetic resources; (6) financial resources; (7) human resources and capacity
building; (8) research and monitoring; (9) agro-biodiversity; (10) climate change; (11) waste
management; and (12) alternative energy.
The Plan contains eight guiding principles,
one of which is on ‘Development’. This
ensures that environmentally friendly
development is overseen by the EIA process
and seeing that well-balanced livelihoods
for all Solomon Islanders is promoted at all
levels of development. This means that
development should be pursued for the
benefit of all Solomon Islanders rather than
driven by short-term benefits for the few. It
further maintains that the precautionary and sustainable principles are to be integrated into socio-
economic development.
Objective 1 of mainstreaming of policies and legislation is ‘To ensure biodiversity conservation and
management are properly legislated at the national and provincial governmental levels and
integrated into sectorial plans, policies and programs’. This calls for each province to develop
Provincial Ordinances to cater for conservation and management of biodiversity; to establish
provincial Environment and Conservation offices and recruit officers to work there; review existing
legislation and provincial ordinances to fully support biodiversity conservation and management;
review sectorial plans and policies of relevant Ministries, e.g. Ministry of Forestry, Ministry of Mines
and Energy, to cater for conservation and management of biodiversity and periodic review of the
NBSAP document.
Theme 3 on protected area systems calls for the establishment of a management framework for
marine and terrestrial protected areas (PAs) by 2012; to ensure that legislation for PAs are
developed and implemented by 2012; identify areas of ecological significance, important migratory
corridors and breeding habitats for migratory species; to develop sustainable financing mechanisms
for protected area management; by 2015, frameworks for monitoring, evaluating and reporting
protected areas management effectiveness at sites, national and regional systems, and trans-
boundary protected area levels are adopted and implemented by Parties; and to establish
sustainable livelihood alternatives.
Theme 9 on agro biodiversity looks at three key objectives, namely: to strengthen the conservation,
management and utilization of agro-biodiversity of Solomon Islands; to promote sustainable land use
practices and undertake research and inventory of the agro-biodiversity in Solomon Islands,
including traditional knowledge. The excessive machine tillage of farmed lands, misuse of inorganic
fertilizers and agrochemicals, it is potential to cause negative environmental impacts and loss of
biodiversity has been noted in the policy document.
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The theme on climate change recognizes the need to strengthen biodiversity and mainstream
related work with appropriate legislation/s and policies; to ensure that the general public are aware
of the climate change issues affecting biodiversity; to enhance the capacity of personnel to tackle
climate change work through appropriate capacity building programs; to ensure the comprehensive
understanding of the effects of climate and sea level change in Solomon Islands through scientific
research.
Theme 11 on waste management looks at how to effectively manage wastes to minimize or prevent
negative impacts of uncontrolled and non-biodegradable waste on the biodiversity in Solomon
Islands while theme 12 on alternative energy use promotes alternative energy sources for all
Solomon Islanders which will reduce impact on biodiversity. One of the corresponding activities to a
better informed public on the use of forest as a source of energy is through the design of awareness
materials pertaining to collecting firewood from critical habitats, e.g. mangroves.
The importance of mangroves and mangroves forests and their richness in the biodiversity of
Solomon Islands have been noted in the NBSAP. Mangrove forests and sea grasses provide critical
habitats for different life stages of various fish and invertebrates and mangroves and, apart from
protecting shorelines from natural disasters, such as tsunamis and cyclones, provide a myriad of uses
for people, including firewood and building materials.
The NBSAP does not specifically provide in detail specific strategies and activities on the use,
protection and management of mangroves and the mangrove ecosystems. However, one would
presume that the protection of biodiversity applies to all the different ecosystems in Solomon
Islands. It would be much more helpful, (for an ordinary Solomon Islands person) if specific activities
on the use and management of mangroves and its associated ecosystems be clearly spelt out and
defined in the NBSAP. The protected area system and the financing mechanism for the management
of protected areas could be used on mangroves; an option that may be considered and further
explored by Government.
3.3.3. National Solid Waste Management Strategy (NSWMS) (2009)
The NSWMS is developed to provide a mechanism from which waste management activities can be
developed in the future. The key objectives of the National Solid Waste Management Strategy are to:
Develop and implement a national waste management policy
Review all existing regulations relating to waste management and draft specific legislation
on waste management
Promote waste minimization in all aspects of development
Improve and upgrade existing waste management and disposal systems
Look at ways of improving waste management awareness and education activities
Provide relevant documented information for politicians and stakeholders and make them
aware of the need for their support in waste management
Provide a guideline template for rural and community level to practice waste management
Waste disposal in Solomon Islands has been of much concern at the national and provincial level. It
has been noted that one of the dumpsites in Honiara is located on flat reclaimed land adjacent to
mangrove swamps. Most types of wastes in Solomon Islands are discarded into the environment
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untreated. Some form of management on waste disposal had been introduced through the
involvement of private sector’s involvement in scrap metal businesses, bottle recycling and town
beautification. Moreover, waste minimization through 'reduce, separation at source, reuse and
recycling' (the three R’s principles -Reduce, Re-use and Recycle) prevents the creation of wastes and
reduces the quantity and the impacts of waste that is generated.
Solomon Islands have the following existing legislations that cover aspects related to waste
management — Environmental Health Act 1980; Public Health Ordinance 1970 and The Public Health
Regulation 1980 (became a regulation under the 1980 Environmental Health Act); Honiara Litter By-
Laws 1994; Honiara Refuse Disposal By-Laws 1994; Environment Act 1998 and Environment
Regulation 2008; Shipping Act 1998; Ports Act 1990; Agricultural Quarantine Order 1995; Provincial
ordinances (Western and Isabel Province).
Government should and could amend laws to have provisions that deal with the current situation of
the waste disposal problem in Solomon Islands; or rather have a stand-alone solid waste
management legislation that sees the harmonization of these single pieces of legislation. The
development of solid waste development plans at both the provincial and national levels should be
encouraged. At the provincial levels where mangroves are in abundance, more awareness and
education on the importance of proper waste disposal and its impacts on the environment,
particularly on mangroves should be conducted.
It is positive to note that the acquisition of land from landowners for landfills is not forthcoming but,
at the same time, is also a worrying signal given that mangroves may be considered to provide the
next best ideal location for this. This would cause detrimental impacts to the mangroves and its
associated ecosystems. Mangroves around the urban areas would be potential sites but then the
Environment Impact Assessment should ensure the sustainability of these.
As for the use, protection and management of mangroves, there is currently no provision of this in
the policy document. Mangroves would be considered the best ideal site for location of rubbish
dumps which would be detrimental to mangroves and mangrove ecosystems as a whole. The ECD
should seriously look into addressing the issue and ensure that a review of the strategy and the
objectives as outlined in NSWMS being enforced, monitored and implemented.
3.4. Climate Change Policies and Plans
3.4.1. National Climate Change Policy 2012 - 2017 (2012)
In recognizing the need to enhance adaptive capacity while pursuing a low carbon development
pathway, this policy provides a national strategic framework for the country to address the
challenges and benefit from the opportunities that climate change brings. The policy seeks to find a
balance between socio-economic development and sustainable utilization of natural resources as a
climate change adaptation and mitigation measure.
The objective of the Climate Change policy is to provide a guiding framework to: i) integrate climate
considerations and support the implementation and achievement of Solomon Islands National
Development Strategy and other regional and international policies and frameworks and ii) to guide
the Government and its partners efforts in ensuring that;
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the people, natural environment and economy of the country are resilient and able to adapt
to the predicted impacts of climate change; and
the country benefits from clean and renewable energy, energy efficiency and mitigation
technologies that improve people’s livelihoods and the national economy, and that they are
environmentally sustainable and contribute to global efforts to reduce GHG emissions and
global warming.
Additionally, the Solomon Islands National Climate Change Policy is guided by the following nine (9)
principles: alignment with and guidance from the Solomon Islands national constitution; stakeholder
participation and collaboration; holistic and multi-disciplinary approach; precautionary principle and
no regrets approach; respect for culture and rights of indigenous people; gender equity and
involvement of youth, children and people with special needs; mainstreaming and integration;
integration of climate change adaptation and disaster risk reduction; and science and evidence-
based adaptation, disaster risk reduction and mitigation.
Strategies 8.3 'vulnerability and Adaptation (V and A) and Disaster Risk Reduction' and 8.4
'Mitigation'. Strategy 8.3 calls for and recognizes the need to address the National Adaptation
Programme for Action (NAPA) priority sectors and implement the range of projects and actions as
Solomon Islands urgent adaptation needs. In order of priority, these include;
i. 'increase the resilience of food production and enhance food security to the impacts
of climate change and sea-level rise'
ii. increase the resilience of water resources management to impacts of climate change and sea-level rise
iii. improve the capacity for managing impacts of climate change and sea-level rise on human settlements
iv. increase the capacity of health professionals to address adverse impacts of climate on human health
v. promote climate change education, awareness and information dissemination vi. facilitate adequate adaptation to climate change and sea-level rise in low lying and
artificially built-up islands in Malaita and Temotu provinces vii. better manage impacts of climate change on waste management
viii. increase the resilience and enhance adaptive capacity of coastal communities, socio-economic activities and infrastructure
Strategy 8.4 on Mitigation to some extent relates to mangrove ecosystem management,
conservation. The Government shows its commitment to carry out its own inventory of emissions
and pursue Nationally Appropriate Mitigation Actions (NAMAs) to reduce its own greenhouse gas
(GHG) emissions through use of renewable energy and other mitigation technologies that bring
benefits to the country’s economy, environment and improves the livelihoods of its people. The
following three key sectors and major themes are also considered: Reducing emissions from the
forest sector through sustainable forest management, Clean Development Mechanism (CDM)
projects, REDD+ projects and voluntary carbon trading mechanisms; Low emission agriculture,
including promotion of organic and low tillage agriculture and reducing emissions from the waste
sector.
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3.4.2. Solomon Islands National Adaptation Programmes of Action (NAPA) 2008
NAPA communicates priority activities addressing the urgent and immediate needs and concerns of
Solomon Islands, relating to adaptation to the adverse effects of climate change. NAPA addresses
Solomon Island’s urgent adaptation needs, following a rapid vulnerability assessment of its
development sectors and has established a baseline of vulnerability situations and priority
vulnerable sectors that will need to be reviewed from time to time as vulnerability assessments
become better informed through the use of scientific and socio-economic tools, and when data is
more readily available.
Coastal protection and fisheries and marine resources were identified as one of the priority areas for
actions in the context of climate change adaptation activities. The goal for Coastal Protection is 'to
increase the resilience and enhance adaptive capacity of coastal communities, socio-economic
activities and infrastructure'. Activities could include improving and rehabilitating coastal land,
construction of coastal/flood protection systems, gravelling and upgrading/construction of
seawall/access roads and regeneration and restoration of mangrove areas.
The Goal for the fisheries and marine resources is: 'To improve the understanding of the effects of
climate change and climate variability, including El Nino-Southern Oscillation on the inshore and tuna
fishery resources'. Outcome 3 aims to 'Establish coastal buffer zones and rehabilitate mangrove
forests' and includes the following outputs : mangrove replanting encouraged and promoted;
guidelines for mangrove replanting developed and disseminated; set-back zones established and
monitoring system for mangrove encroachment established.
The Plan incorporates and recognizes mangrove management as reflected in the areas of priority
actions mentioned in this section. It was highlighted in the plan that the most urgent and immediate
need for climate change adaptation in Solomon Islands should be focused on agriculture and food
security, followed by water resources; education, awareness and information; human settlements;
human health; waste management; coastal zones; fisheries and marine resources; infrastructure;
and tourism. It should be further noted that coastal zones and fisheries/marine resources were
perceived and ranked as moderately important, in terms of prioritizing the adaptation actions.
NAPA has provided the impetus for putting climate change issues on the development agenda for
Solomon Islands and will no doubt contribute immensely to the impending development of a climate
change policy for the country. The implementation of NAPA over the long term will be embedded in
such a policy centered on people, livelihood, environment and development.
3.5. Sectorial Policies and Plans
3.5.1. Solomon Islands National Strategy for the Management of Inshore Fisheries
and Marine Resources (MFMR) 2010 - 2012
The main goal of the National Strategy is to increase the benefits of sustainable managed fisheries
for all Solomon Islanders, now and for the future. The comprehensive MFMR is aimed to improve
governance and regulation; strengthen and build capacity of institutions – in particular MFMR and
provincial government; enhance legal frameworks and compliance and counter corruption. The
seven (7) key components of the national strategy are: a MFMR institutional strengthening program,
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a review of the Fisheries Act 1998, the development of a Government National policy statement on
Fisheries and Marine resources, a review of current policy initiatives, a review of governance
arrangements, the requirement for a state of the oceans report every 2 years, and processes for
working with provincial government and other key sector stakeholders.
The strategy is guided by ten (10) principles, three of which may be directly related to the use and
management of mangroves. These include:
3. The strategy takes an ecosystem-based approach to sustainable inshore resource management. In
the context of Solomon Islands, this encompasses resilience to variability, adaptation to climate
change, and biodiversity conservation in watersheds and coastal zones.
4. The strategy provides and strengthens an enabling environment (e.g. legal and institutional
framework) that supports communities and promotes the use of tradition, authority and knowledge
in their management endeavors while ensuring coordination of national interests as expressed in
other polices and law.
5. The strategy provides a multi-sectoral approach to fisheries governance, incorporating land use,
wider ecosystem health and other economic activities. It will address both potential threats to
fisheries and opportunities to reduce dependence and vulnerability. This will require integration of
policy and implementation among ministries at national and provincial level. Such integration will
mirror the integrated nature of peoples’ lives and the social fabric of communities.
The Inshore Fisheries Strategy is built on five (5) pillars that will organize the key activities needed to
be completed in order to achieve MFMR’s vision of sustainable inshore marine resource
management by 2020. The five pillars of the strategy are: Multi-Scale, Multi-Sectoral Governance;
Community-Based Resource Management; Leadership and Institutional Strengthening; Markets and
Trade; and Communication and Information.
Reflected as one of the five pillars on 'Community-Based Resource' is the development and
implementation of management plans in 50 community-owned marine tenure or clusters of
community-owned marine tenure in identified provinces by end 2011. The long-term aim of this
activity is to have communities sustainably managing their resources, using community-based
management plans'.
The development and implementation of community-based management plans in 50 community-
owned marine tenure or clusters of community-owned tenure in identified provinces will have
indirect impacts on the mangroves and mangrove ecosystems given that mangroves are breeding
grounds for fishes. Mangroves will have to be managed and factored in the community-based
management plans. This would and should address the use and management of mangroves and
mangrove ecosystems. The Fisheries and Environment officials should work closely in ensuring the
protection and management of mangroves and the mangrove ecosystems.
3.6. Discussion
Solomon Islands has a number of key policies and plans in place however, there is no specific policy
on mangrove to cover its protection and management.
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The use, protection and management of mangrove are not covered in the overarching national
policy, the Solomon Islands National Development Strategy: 2011 - 2020. It is important that the
overarching policy provides the platform to address mangrove use, management and protection for
sectorial policies to formulate specific related sectorial policies. Government’s commitment and
political will to addressing environment issues like mangrove degradation and conservation is
reflected in such overarching policy.
It can be seen that the environment policies, plans and the sectorial policies and plans reviewed in
this report indirectly covers the use, management and protection of mangroves through the
introduction of integrated approach to land use, community management, establishment of
protected areas, protection of marine and coastal ecosystems and biodiversity in general.
The NBSAP and NEMS policy documents could be the platform that should include a specific section
on mangroves and mangrove ecosystems. In this way, it will ensure that all related issues would be
adequately and effectively addressed. The inclusion of mangroves in coastal or marine ecosystems
and environment may be to some extent leads to the lack of attention and focus on mangroves by
implementing and responsible agencies.
Studies have been done in the past to identify capacity issues and gaps in Solomon Islands in an
exercise to assess the progress on sustainable development and green economy. The National
Environmental Capacity Development Action Plan 2008 - 2012 and the Solomon Islands National
Assessment Report Rio+20 were two such studies and had identified capacity issues and gaps to
include poor governance and environmental stewardship; ineffective legislative and policy
framework; institutional, technical and capacity weaknesses; lack of public awareness and
information sharing for sound environmental management and decision making; lack of scientific
knowledge of, and research into Solomon Islands environmental issues, including sustainable
development, impacts of climate change and biological diversity; lack of mainstreaming
environmental considerations, biodiversity conservation and sustainable development across
government programs and policies; poor technology development and transfer (including loss of
traditional knowledge); gaps in human capacity and development; and limited access to financial
mechanisms and lack of financial and economic incentives.
From the review, it can be seen that the management and protection of mangroves is poorly
addressed in the current policies and plans. It was also gathered from the consultation meeting in
Honiara that, given the fragmentation of policies and agencies responsible for environment issues in
general, there is confusion amongst the agencies on which agency is responsible over mangroves
and all mangrove issues. Therefore, a well-coordinated approach amongst the agencies is needed.
To address the fragmented policies, the Government may see that there is a specific mangrove policy
or framework or a mangrove management plan to be developed. This should specifically focus in
addressing all mangrove and mangrove ecosystems related issues. Alternatively, the NEMS and
NBSAP could be reviewed and have specific sections on mangroves.
The mainstreaming of mangrove related policy across government policies or programs and related
environmental issues are not given a high priority. Government should address this issue.
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PART 4: LEGISLATION
The Solomon Islands is a constitutional monarchy. It was a British protectorate from 1893 until independence gained in 1978. As with other Pacific island countries that were former British protectorates and colonies, the Solomon Islands retained the main characteristics of the common law system, combined with the recognition of customary law. Specifically, the sources of law in the Solomon Islands are:
'the Constitution, 19781, and the Statutes (Acts) of the Solomon Islands Parliament; the rules of customary law prevailing in an area of Solomon Islands subject only to the
Constitution and statutes of Parliament; the laws of the British Solomon Islands Protectorate made prior to 1978 and the Acts of the
United Kingdom Parliament of general application in force on 1 January 1961, subject to the circumstances of Solomon Islands; and
the principles and rules of the common law and equity which are not inconsistent with the Constitution, statute, or customary law, nor inapplicable or inappropriate in the circumstances of Solomon Islands (Constitution, ss.76 and 144, and Schedule 3').2
4.1. Mangroves, Terrestrial and Marine Tenure Law and Legal Mechanisms for
Conservation
Terrestrial and Marine Tenure
Terrestrial and marine tenure is defined here as the legally or customarily established rights of
people, as individuals or groups, on terrestrial or marine areas, including the natural resources
attached to these areas. These rights include the rights of use and management of mangroves and
their ecosystems.
Custom (also referred to as kastom) exclusively governed land and marine tenure systems in the
Solomon Islands prior to colonisation.
When the Solomon Islands became a British protectorate, the King only claimed ownership of the
land that was not customarily owned by indigenous people3 (vacant or ‘waste’ land). As a result, over
1 means nothing, 1996 was just the year when all the laws were consolidated
2 As described by Peter Murgatroyd in 'Introduction to Researching South Pacific Law', 2009, at
http://www.nyulawglobal.org/globalex/south_pacific_law1.htm 3 Corrin-Paterson, Introduction to South Pacific Law, 3
rd Ed. Palgrave MacMillan
KEY MESSAGES: Terrestrial and Marine Tenure Legislation
Customary tenure on land and marine land and resources are firmly established in the Solomon Islands, including customary tenure of foreshores and mangroves ecosystems resources
Options for Law Reform are proposed at 5.4.2.1 below.
23
80% of the land in the Solomon Islands is owned by customary landowners4. The remainder is owned
by the State or in freehold.
The laws that apply generally to customary land, including foreshores and mangroves areas, include
the Constitution, customary law, the Land and Titles Act, and the Customary Land Records Act.
Customary law applies in the Solomon Islands unless it is not consistent with the Constitution, or a
written law such as the Land and Titles Act5.
The Constitution defines customary law as 'the rules of customary law prevailing in an area of the
Solomon Islands6’. Pursuant to the Constitution, ‘Parliament shall make provision for the application
of laws, including customary laws’, having ‘particular regard to the customs, values and aspirations
of the people of Solomon Islands’.7
The Constitution does not make any specific reference nor differentiate between land and marine
customary law, and it can be inferred that, subject to any legislative provision to the contrary, the
recognition of customary law extends to both land and marine tenure.
Under customary law, which varies throughout the Solomon Islands,8 land is owned communally by
kinship groups who are related by blood through common ancestors. Land can either be passed
through a male lineage or female lineage. The interest in the land is undivided by the group although
individuals may deal in or use the land, but it is not generally individually owned. Chiefs under
custom have rights of control over customary land.
Only Solomon Islanders and only such other persons as may be prescribed by Parliament may hold a
perpetual interest in land9. The Land and Titles Act lists a number of entities who, although not
Solomon Islanders, may be registered as an owner of a perpetual estate10.
The Land and Titles Act establishes that 'The manner of holding, occupying, using, enjoying and
disposing of customary land', as well as the questions relating to customary land which shall be ‘in
accordance with the current customary usage applicable thereto’11. The Act prohibits – with some
exceptions - non-Solomon Islanders getting an interest in customary land.12
The Land and Titles Act provides for the establishment of a land registry in each land registration
district13. Registration is not compulsory, except in some circumstances identified in the Act, such as
4 Monson, R., Negotiating Land Tenure: Women, Men and the Transformation of Land Tenure in Solomon Islands
‘Traditional Justice: Practitioners’ Perspectives’ Working Paper Series, IDLO at http://www.idlo.int/Publications/WP2Monson.pdf Copyright © International Development Law Organization 2011 5 Constitution s 76 and Schedule 3
6 Interpretation - Section 144 of the Constitution of the Solomon Islands 1978
7 Section 71 of the Constitution of the Solomon Islands 1978
8 Customary law varies, not only from island to island, but even between villages. J Corrin Care, ‘Customary Law in Conflict:
Status of Customary Law and Introduced Law in Post-Colonial Solomon Islands’ (2001) 21(2) University of Queensland Law Journal 167. 9 Section 110 of the Constitution of the Solomon Islands, 1978: 'The right to hold or acquire a perpetual interest in land shall
vest in any person who is a Solomon Islander and only in such other person or persons as may be prescribed by Parliament' 10
Section 112(4) Lands and Titles Act [Cap 133] 11
Section 239(1) of the Land and Titles Act 12
Section 241 of the Land and Titles Act 13
Section 87 of the Land and Titles Act
24
for leases of over two years.14 Less than 20% of customary land has reportedly been registered15.
This is partly due to the cost of registration associated with the survey of the land, and to the fact
that registered customary land entails a shift from customary tenure to Torrens-type tenure, and
customary owners are reluctant to risk losing control of their land.
A person or a group of no more than five persons exercising rights in accordance with current
customary usage over customary land, which amount to, or can be deemed to amount to, rights
equivalent to those of the owner of a perpetual estate in land, may be registered as the owner – or
joint owner or owners in common, of a perpetual estate in that land.
The Customary Land Records Act16 provides for the ‘recording of customary land holdings to
empower land holding groups to appoint representatives to deal with recorded customary land
holdings, the establishment of an office of national recorder of customary land, and record offices in
the provinces and for other matters connected therewith or incidental thereto.’
Vacant land or land without any registered interests is brought under public control pursuant to the
Land and Titles Act17. The Commissioner of Lands is entrusted with the responsibility of holding these
lands, as registered owner of the perpetual estate, on behalf of the government18.
In addition, and notwithstanding any current customary usage prohibiting or restricting such
transaction, customary land may be sold or leased to the State either through the Commissioner for
Lands or the Provincial Assembly19. This is usually exercised for big projects only, such as large palm
oil plantations or relocation of overcrowded towns’ population. One of the large relocation projects
is taking place in Taro Island, in the Choisel province, on a site which is ¾ mangroves area. There are
no mangroves policies at the Ministry of Lands. Land may also be the object of compulsory
acquisition for public purpose by the State20.
A significant issue in relation to mangroves is the ownership of lands below high water mark.
Customary land ownership almost always includes ownership of the foreshores, reefs and seabed,
whereas common law traditionally regards the land below high water mark as Crown land. Statute
law does not clearly resolve the question, and case law, with conflicting decisions of the High Court
over the years, has not clarified this issue.21 The Solomon Islands Law Reform Commission (SILRC)22
was mandated to review the law on ownership and control of beaches, shores, reefs or land below
high water mark and low water mark and make recommendations on the ownership status and uses
14
Section 146 of the Land and Titles Act and Part VI – Registration, of the Land and Titles Act 15
In 2002, only 12 percent of land had been registered: Pacific Island Forum Secretariat Session 3 Paper: Land Issues (Paper prepared for the Forum Economic Ministers Meeting, Port Vila, Vanuatu, 2002) 16
The Customary Land Records Act [Cap 132] 17
Section 59 of the Land and Titles Act [Cap 133] 18
Ibid note 17 19
Section 60 of the Land and Titles Act [Cap 133] 20
Division 2, Part V of the Land and Titles Act [Cap 133]. Constitution provides guidance 21
For more details on case law relating to customary title over foreshore, reefs and seabed see Corrin. J, ‘Ownership of foreshores, reefs and seabed in Solomon Islands’, newSPLAsh, Issue 5, June-September 2012, at http://www.southpacificlawyers.org/files/uploads/newSPLAsh%20Issue%205.pdf and ‘The land below high water mark and low water mark’, Consultation Paper, The Solomon Islands Law Reform Commission, October 2009, at http://www.lawreform.gov.sb/files/publications/consultation-Paper-on-the-land-below-high-water-mark-and-low-water-mark_.pdf 22
The SILRC is a statutory body established by the Law Reform Commission Act [Cap 15]
25
of these foreshore lands. The SILRC released a consultation paper in October 200923, including a
summary of the law relating to land below high water mark and low water mark, reproduced below.
Summary of Law Relating to Land Below High Water Mark and Low Water Mark (Edited extract
from ‘The Land Below High Water Mark and Low Water Mark’, Consultation Paper, The Solomon
Islands Law Reform Commission, October 2009.24)
1951 Hanasiki case Customary ownership recognized over fringing reefs where outsider (foreigner) tried to gather trochus from reef.
1955 Fanilei Reef case Customary ownership over reefs recognized.
Land and Titles Ordinance 1959 Seashore between the mean high water mark and mean low water mark is public land vested in the Land Trust Board unless it is customary land. Land includes land covered by water but excludes land under the sea at mean low water mark.
Land and Titles (Amendment) Ordinance 1964
All land below low water mark within the territorial limits of the Protectorate; the seashore between the points of high water mark and low water mark is public land owned by the Commissioner of Lands unless it is customary land. Land includes land covered by water but does not specifically exclude land under the sea at mean low water mark.
The Land and Titles Act [Cap 133] commenced operation 1 January 1969
Commissioner of Lands could apply to be registered as owner of land below mean low water mark; and between the points of mean high water mark if it had been vested in him under the previous Ordinance (and it follows that it could not then have been customary land). The definition of land includes land covered by water but does not specifically exclude land under the sea at mean low water mark.
Allardyce Lumber Company Ltd v Laore 1990
Recognized customary ownership over the foreshore. No recognition of customary ownership over the reefs and seabed.
1997 Combined Fera Group v Attorney General
Land below high water mark and low water mark can be customary land. Need to prove ownership, use or occupation prior to 1st January 1969.
SILRC Report on ‘Customary and statutory property rights and interests in land below high and low
water mark’ comprehensive Report was released at the end of 201225. It recommends that 'Section
10(4) of the Land and Titles Act should be amended to clarify that land below high water and low
water mark is tribal land to the extent of provincial boundaries (generally three nautical miles from
23
Ibid note 21 24
Available at: www.paclii.org/gateway/LRC/SILRC/Docs/Foreshore%20Consultation%20Paper.pdf 25
Corrin. J, Ibid note 11. See Report http://www.lawreform.gov.sb/files/reports/Solomon_Islands_Law_Reform_Commission_2012_Land_Below_High_Water_Mark_Report_compressed_2.pdf
26
low water mark), unless it is registered land. Tribal interests should however, recognize and be
subjected to existing rights of passage and recreation.'
4.2. Legal Mechanisms for Conservation
Customary Law Conservation: Marine Taboos
Traditional knowledge of natural resources has enabled their sustainable management for many
centuries. The practice of temporary marine closure, or taboo, is a common technique of customary
marine management throughout the Pacific islands, including in the Solomon Islands. Taboos may be
declared for various traditional reasons, including increasingly for natural marine resources
conservation. They usually consist in a ban on fishing in certain marine areas, or on certain species of
fish, but may also be declared to preserve mangrove areas. Their revival is associated with the
development of community–based resource management practices which are characterised by a
combination of conventional science-based marine resource management and of traditional
governance systems based on traditional knowledge.
Declaration of Protected Areas: Protected Areas Act 2010 and Protected Areas Regulations
2012
The Solomon Islands has recently enacted legislation on protected areas: the Protected Areas Act
2010 and the Protected Areas Regulations 2012, both entering into force on February 10, 2012. This
legislation implements the Solomon Islands’ obligations under the Convention on Biological Diversity.
It regulates the conservation and management of biological resources so as to ensure biological
diversity within or outside protected areas and to promote the protection of ecosystems, natural
habitats and the maintenance of viable populations of species in natural surroundings. It can
therefore, constitute a most effective tool for the conservation and sustainable management of
mangroves ecosystems, although there is no express reference to mangroves in the Act.
KEY MESSAGES: Conservation Mechanisms Legislation
Customary law and statute law provide a range of natural resources protective mechanisms which, when applied to foreshores and mangroves ecosystems, can constitute the conditions for their sustainable use and management
The recent Protected Areas Act and Regulations concerning both land and marine areas could very effectively protect mangroves. Of the five classes of Protected Areas created in the Act, ‘Closed Area’ and ‘Resource Management Area’ are the most suitable to mangrove protection and management. Where extensive mangrove degradation or clearing has occurred, the declaration of that area as ‘Closed Area’ under the Act provides the conditions for rehabilitation and regeneration of mangrove ecosystems. On the other hand, mangroves ecosystems of particular significance, which could be identified in a mangroves management plan, for example, could be declared Resources Management Area
The legislation establishes the conditions for cooperative management, empowering the
communities to take responsibilities in the creation and management of Protected Areas. It
also gives recognition to existing community management groups and work.
Options for Law Reform are proposed at 5.4.2.2 below.
27
The purpose of the Act is 'the declaration and management of protected areas or areas where special
measures need to be taken to conserve biological diversity, and the regulation of biological diversity
and prospecting research, and for related matters (and to make provisions for) the declaration and of
protected areas and the management and protection of biodiversity'. The main objective of the Act is
to establish a system of protected areas or areas where special measures need to be taken to
manage and conserve biological diversity and promote the protection or rehabilitation of ecosystems
and natural habitats.26
The Act is administered by the Ministry for Environment, Climate Change, Disaster Management and
Meteorology. The Director may make a recommendation to the Minister to declare any area as a
protected area of biological significance.27 Such areas must be deemed to ‘require special measures
to be taken to conserve biological diversity’ or possessing ‘significant genetic, cultural, geological or
biological resources’ for them to be declared a Protected Area and gazetted accordingly’.28
Part II of the Act makes provision for the establishment, functions and powers of the Protected Areas
Advisory Committee. The Committee has an advisory role to the Minister on matters pertaining to
the Act. Its functions also include 'to assist formulate, develop, approve, implement, monitor and
review a national bio-diversity strategy and action plan, in collaboration with the relevant
stakeholders, including non-governmental organizations’.29
The Act allows for ‘Community Conserved Areas’ insofar as ‘the owner of any area, including any non-
governmental organization managing a conservation area, may apply to the Director for the area to
be declared by the Minister as a protected area’30. This is an express recognition of existing
management arrangements 31 in protected areas that have been 'the subject of an ongoing
community conservation programme'32, which significantly includes in the scope of the Act the
extensive community-based conservation projects in the Solomon Islands.
The Protected Areas legislation applies to both land and marine areas, pursuant to the Protection
Areas regulations, defining ‘area’ as a 'terrestrial area, including any area permanently covered by
fresh water or marine area or both' 33. A protected area is further defined in the regulations as 'a
geographic area or space declared under the Act that is clearly marked, recognised, dedicated and
managed through legal or other effective means to achieve the long-term conservation of nature
with associated ecosystem services and cultural values'.
The regulations detail the requirements34 and management arrangements (management plans and
strategies35, management committees36 and management funds37) for protected areas.
26
Section 3 of the Protected Areas Act 2010 27
Section 10 (1) of the Protected Areas Act 2010 28
Section 10 of the Protected Areas Act 2010 29
Section 5 (e) of the Protected Areas Act 2010 30
Section 10 (4) of the Protected Areas Act 2010 31
Reg 28 of the Protected Areas Regulations 2012 32
According to the report on the Solomon Islands by Peter C. Ramohia and Nathaniel da Wheya, ‘In Isabel and Choiseul Provinces, TNC is a major partner in the 6 year-old Arnavon Marine Conservation Area and the WWF has been successful in helping communities in Marovo lagoon (Western Province) establish community managed conservation areas which include some mangroves areas’. www.sprep.org/att/IRC/eCOPIES/Countries/Solomon_Islands/1.pdf 33
Section 1(1) of the Protected Areas Regulations 2012 34
Part 3 of the Protected Areas Regulations 2012 35
Part 4 of the Protected Areas Regulations 2012
28
The procedure for ensuring the respect of the rights of customary landowners for an area to be
declared protected under the Act, as well as the obtainment of prior and informed consent and
principles for sharing of benefits are described in detail in the regulations38. Customary owners are
also given the option to convert a protected area under customary tenure in a registered title or
estate under the Land Title Act, and may, for this purpose, be eligible for Government financial
assistance.
The Minister may declare a protected area in any one of five prescribed categories39. The following
four categories are of particular relevance to the sustainable management and conservation of
mangrove ecosystems: nature reserves, national parks, closed areas and, most importantly, resource
management areas.
Nature reserve40: The Minister may declare a nature reserve in areas not occupied by a local community. The primary objectives of a nature reserve are (i) scientific research, environmental monitoring and education; and (ii) maintaining habitat conditions necessary for wildlife management
National park41: A national park area must be 'of such national importance and covers a large area of natural region, either terrestrial or marine or both'. The purposes of a national park include: to 'protect the habitat of national significance and its biological and environmental features'; and to 'protect the habitat and aesthetic qualities or an otherwise large area of natural and unique scenery'
Closed area42: rehabilitation and regeneration of mangrove ecosystems could be achieved through declaring a closed area. Eligible areas are areas 'which have been the subject of overexploitation or environmental degradation caused by destructive human or large-scale activities'
Resources management area43: this is arguably the most suitable category of protected area for the purpose of sustainable management of mangroves. The objectives of resource management areas 'include the promotion of ecologically sustainable uses of natural ecosystems and resources for the benefit of customary owners and dependent local communities'. Importantly, resource management areas must be managed to allow 'for controlled access to and use of natural ecosystems and resources for the purposes of ensuring (that): (a) sustainable food security levels are maintained; and (b) optimal sustainable livelihood and development needs of customary owners and of local communities are met'
In addition to the activities expressly prohibited by the regulations, such as logging, mining44 and taking of species45, or requiring authorisation by the management committee46, the ‘Special provisions relating to marine protected areas47’ should be noted for their potential to provide effective protection to mangroves in prohibiting or regulating a range of activities that constitute major threats to mangrove ecosystems. The key provisions include:
36
Part 5 of the Protected Areas Regulations 2012 37
Part 10 of the Protected Areas Regulations 2012 38
Reg. 44 of the Protected Areas Regulations 2012 39
Reg. 4(1) of the Protected Areas Regulations 2012 40
Reg.5 of the Protected Areas Regulations 2012 41
Reg.7 of the Protected Areas Regulations 2012 42
Reg. 9 of the Protected Areas Regulations 2012 43
Reg. 8 of the Protected Areas Regulations 2012 44
Reg. 61 of the Protected Areas Regulations 2012 45
Reg. 62 of the Protected Areas Regulations 2012 46
Reg. 63 of the Protected Areas Regulations 2012 47
Part 9 of the Protected Areas Regulations 2012
29
restrictions placed on the traffic of vessels;48
the marking of areas of distinctive ecological quality which are ‘strictly closed to all forms of harvesting or unwanted access’;49
prohibition of ‘harvesting of fish or other aquatic resources for commercial and subsistence purposes’ within spawning aggregations or during spawning seasons;50
prohibition of dredging, trawling or dragging of nets or wire mesh on the sea floor;51
prohibition of dumping of wastes from vessels;52
prohibition on carrying out land-based activities that ‘will or are likely to release effluent or pollution material that are harmful to biodiversity, aquatic life or ecosystem of the (marine protected) area, except with the approval of the Minister, but only in the public interest of national economy and subject to strict conditions';53
prohibition of the removal of live coral without authorisation granted by the management committee of that area54;
prohibition of the anchorage of vessels outside the places designated by the management committee 55; and
prohibition of the intentional or negligent grounding of a vessel on a reef within the protected area. In the case of oil or other harmful substance spillage, the owner of the vessel is liable to pay a hefty fine and the full cost of clean-up56.
Part 12 of the regulations contains the enforcement provisions. A person contravening these
regulations is liable to fines, ranging from 5,000 penalty units to 100,000 penalty units (for dumping
of wastes and for grounding of a vessel, resulting damages or destruction of the ecosystems and
marine life in the area). With consistent compliance and enforcement, these Regulations would give
effective protection to mangrove ecosystems, provided that the protected areas are declared in the
main mangrove areas of the Solomon Islands.
Forest Reserves - Forest Resources and Timber Utilization Act [Cap 40]
Mangroves forests located in water catchment areas may benefit from the protection afforded under the Forest Resources and Timber Utilisation Act. The purpose of the Act is to 'consolidate and amend the law relating to forest resources and timber utilisation and to control and regulate the timber industry' and all related matters.57 The power to declare forest reserves is vested in the Minister responsible for Forests but only in so far as the Minister is satisfied that ‘for the purpose of conserving water resources within Solomon Islands it is necessary or desirable to protect the forest or other vegetation in any rainfall catchment area’58. Consideration must be given by the Minister to existing rights and the extent to which a forest reserve may affect their exercise, prior to the declaration of a forest reserve59.
48
Reg. 49 of the Protected Areas Regulations 2012 49
Reg. 50 of the Protected Areas Regulations 2012 50
Reg. 51 of the Protected Areas Regulations 2012 51
Reg. 52 of the Protected Areas Regulations 2012 52
Reg. 53 of the Protected Areas Regulations 2012 53
Reg. 54 of the Protected Areas Regulations 2012 54
Reg. 55 of the Protected Areas Regulations 2012 55
Reg. 56 of the Protected Areas Regulations 2012 56
Reg. 57 of the Protected Areas Regulations 2012 57
Title of the Forest Resources and Timber Utilisation Act [Cap 40] 58
Section 24 of the Forest Resources and Timber Utilisation [Cap] 40 59
Section 25 of the Forest Resources and Timber Utilisation [Cap] 40
30
A permit obtained from the Commissioner of Forests Resources may authorize the removal of any
forest produce for personal or domestic use, cultivation of land, the erection of any building, shelter
or structure and for the grazing of livestock.
4.3. Sectoral Legislation Regulating Activities which May Affect Mangroves
This section explores the regulation of sectoral activities, such as forestry, mining and fisheries,
which may affect mangroves and their ecosystems.
Although responsibilities over these activities are shared between various government authorities,
the Ministry of Forestry and Research is the coordinating authority for mangroves in the Solomon
Islands.
Regulation of Commercial Exploitation of Forest Resources and Timber: The Forest
Resources and Timber Utilization Act [Cap40]
The Forest Resources and Timber Utilisation Act is administered by the Ministry of Forestry. The Act consolidates all laws relating to the regulation of forest resources and timber utilization and the timber industry, as well as other related matters. Although it makes no specific reference to mangroves, it applies to mangroves forests as to all forests in the Solomon Islands. The Act makes provisions for the appointment of the Commissioner of Forests Resources, enforcement officers, forests officers and others that may be required to implement the Act. The felling of trees for sale is prohibited, except in accordance with the terms and conditions of a valid licence. Such licence may be issued for purposes of firewood or unmilled timber, supply of logs to an authorized mill, and other purposes declared by the Minister for Forests60. Applications for a licence to fell trees for milling or for sale are to be lodged with the Commissioner
for Forests who has discretion to grant a licence and may impose any terms and conditions on the
60
Section 4 of the Forest Resources And Timber Utilisation Act [Cap 40]
KEY MESSAGES: Forest Resources and Timber Utilization
The Forestry sector has an important economic function in the Solomon Islands, contributing
20% of the estimated Real Gross Domestic Product in 20071. Unsustainable forestry practices
are a major concern and were identified in the Solomon Islands 2009 National Biodiversity
Strategic Action Plan (NBSAP) as a major concern and threat for biodiversity
Mangroves harvestings are mostly for domestic/non-commercial purpose and therefore, are
not governed by the Forest Resources and Timber Utilisation licensing system. Although the
Ministry of Forestry is the lead ministry for mangroves, mangroves are not a high priority
issue in the Ministry
Logging practices have significant impacts on mangroves, in particular as a result of log
ponds. The environmental safeguards in place are often not complied with by logging
companies and are not enforced.
Options for Law Reform are proposed at 5.4.2.3 below.
31
licence61. This licensing system does not apply to mangroves which are harvested for non-
commercial purpose. The Act does not make any reference to mangroves forests.
The Commissioner for Forests Resources may only grant a licence when satisfied that, inter alia, a
logging plan is prepared and measures are taken, such as measures to conserve catchment areas,
prevent erosion, preserve the environment and other places of historical or cultural importance and
undertake reforestation62.
Most of the forest resources are under the custody of the local communities who own them. The acquisition of timber on customary land for the purpose of carrying on business as a timber exporter or saw miller requires prior authorisation from the Commissioner to negotiate with the appropriate government, the area council and the owners of such customary land.63 Logging is perceived and documented as a major cause of mangrove destruction, in particular as a result of wharfing to allow loading of the logs into ships, requiring the clearing of sometimes large areas of mangrove to create ‘log ponds’. Reduced-impact logging provisions are contained in the 2005 Regulations and in the Code of Practice
for Timber Harvesting (CPTH). They include provisions for buffer zones to protect fresh water
resources, and require that no log pond is established at less than 100 meters from the reefs.
The major issue is that of compliance and enforcement of environmental safeguards, due to lack of
resources, capacity and to commercial interests prevailing over environmental considerations.
4.4. Regulation of Extractive Industries: Minerals and Petroleum
Mines and Minerals Act [Cap 42]
61
Section 5 (2) of the Forest Resources And Timber Utilisation Act [Cap 40] 62
Section 5 (2) of the Forest Resources And Timber Utilisation Act [Cap 40] 63
Section 7 of the Forest Resources And Timber Utilisation Act[Cap 40]
KEY MESSAGES: Mines and Minerals Act
Mining is a fast growing industry in the Solomon Islands, and with economically viable
mineral deposits found in several provinces, the risks of adverse environmental and social
impact of mining exploration and operations are increasing. The risks of pollution of water
resources and dumping of waste need to be strictly controlled and mitigated by adequate
environmental safeguards embedded in the legislation
The rapid development of mining in the Solomon Islands warrants a thorough review of the
Mines and Minerals Act to update its requirements to the standards of world’s best practices
Mining for minerals is listed in Schedule 2 of the Environment Act (discussed below) as a
prescribed development and thus requires the consent of the Director after consideration of
either a public environment report or an environmental impact assessment
Environmentally and socially significant mangroves may be declared Protected Areas where
mining is prohibited
The Act contains a range of environmental safeguards, but the decision to apply them is
largely left to the discretion of the Director or the Boar.
Options for Law Reform are proposed at 5.4.2.4 below.
32
The Mines and Minerals Act makes provisions for the control of mining and related operations in
Solomon Islands, and is administered by the Ministry of Mines, Energy and Rural Electrification.
In the Solomon Islands, uncharacteristically, the ownership of all minerals in or under all lands is
unequivocally vested in the people and the Government of Solomon Islands.64
'Mineral' is defined in the Act to mean 'any substance found naturally in or on the earth formed by or
subject to a natural geological process, but does not include petroleum as defined in section 3(l) of
the Petroleum (Exploration) Act'.
Mineral exploration and mining operations are controlled through a system of permits and licences,
including reconnaissance permits, prospecting licences, mining leases, alluvial mining permits and
gold dealer's licences which may be subject to conditions.
The following summarise the provisions of the Act which relate to environmental safeguards which
may provide some protection to mangroves ecosystems.
The Minister, on the advice of the Board is empowered to take such measures on a range of matters,
including the matters listed below which, if the Minister chooses to exercise his regulatory powers
upon – could prevent or mitigate the adverse impact of mining on mangroves:
protect the health and safety of persons;
for conservation purposes with a view to preventing waste; or
to minimise damage to any mineral deposit, land, air, water, vegetation or animal life; or
to protect sites of archaeological, historical, or geological significance65. Any application for a mining lease made by the holder of a prospective licence requires, inter alia, an environmental assessment and a detailed program for: (i) tailings and waste disposal; (ii) the progressive reclamation and rehabilitation of lands disturbed by mining; and (iii) the monitoring and minimization of the effects of such mining on air, land and water areas.66 The same apply for the application for renewal of a mining lease67. Alluvial mining constitutes a particular threat to mangroves due to the aggravated risks of water
contamination. The Act requires any alluvial miner to obtain a permit issued by the Director68. The
obligations of the alluvial mining permit holder include to: 'not pollute or interrupt or adversely
affect the flow of any water'; and 'comply with such rules and procedures as may be prescribed by
the Director'69.
The Act contains provisions for the mining company applying for a prospecting license or a mining
lease to start negotiating with the landowners about surface access. The mining company (with the
help of the government) must identify all of the landowners for the area, and ensure they are all
64
Section 2 of the Mines and Minerals Act [Cap 42] 65
Section 6(f) of the Mines and Minerals Act [Cap 42] 66
Section 31(1) (h) of the Mines and Minerals Act [Cap 42] 67
Section 41(1) (h) of the Mines and Minerals Act [Cap 42] 68
Section 50(1) of the Mines and Minerals Act [Cap 42] 69
Section 54(1) of the Mines and Minerals Act [Cap 42]
33
involved with the negotiations70. Where negotiations fail to secure an agreement, the land may be
subject to compulsory acquisition by the State71.
Petroleum (Exploration) Act [Cap 44] and Petroleum Act [Cap 81]
The Act provides for the exploration of Petroleum within Solomon Islands and related matters. The ownership of petroleum resources is vested in the State72. The Act bans any person from carrying out prospecting or development operations or acquiring any right, title, interest or estate for petroleum within Solomon Islands. The Minister responsible for petroleum exploration and development is responsible for the implementation and administration of the Act. The Petroleum Advisory Board has the responsibility to advise the Minister on matters relating to the administration of the Act which includes advising on the terms and conditions attached to the granting and renewal of licences. A related legislation is the Petroleum Act [Cap 81], relating to the carriage and storage of petroleum,
last revised in 1978. The Act intends, through regulating the import or export of petroleum by sea, to
ensure the safety of the carriage and storage of petroleum and to minimize the risks oil discharge,
such as discharges into any inland or tidal water, which would constitute a significant threat to
coastal ecosystems, including mangroves.
4.5. Fisheries and Marine
70
Section 21 and 32 of the Mines and Minerals Act [Cap 42] 71
Section 33(1) of the Mines and Minerals Act [Cap 42] 72
Section 4 (1) of the Petroleum (Exploration) Act [Cap 44]
KEY MESSAGES: Petroleum (Exploration) Act and Petroleum Act
Petroleum exploration, development and the carriage of petroleum carry the risk of oil
discharge and leakages with potential devastating consequences for mangroves ecosystems
Options for Law Reform are proposed at 5.4.2.5 below.
KEY MESSAGES: Fisheries and Marine
Although 15 years old, the Fisheries Act is a very progressive piece of legislation with
sustainable resource management at its core. The importance of the health of mangroves
ecosystems to the maintenance of fish stocks is well understood in the Ministry (mangroves
as a 'fisheries bank'). Section 4 of the Act is to be amended to make express reference to the
conservation of mangrove as a principle of fisheries management and development
A Fisheries Bill to replace the Act has been drafted but is yet to be enacted. The new bill
provides for the legal recognition of community management plans which, upon approval,
are to be gazette and enforceable
Options for Law Reform are proposed at 5.4.2.6 below.
34
The Fisheries Act 1998
Fisheries and mangroves are closely interdependent and play an important role in the Solomon
Islands’ culture, particularly in the context of the customary marine tenure system.
The Act makes provision for the 'proper management and development of Fisheries in Solomon
Islands' , with the objective 'to ensure the long-term conservation and the sustainable utilisation of
the fishery resources of Solomon Islands for the benefit of the people of Solomon Islands'.
‘Fish’, under the Act means 'any aquatic animal, whether piscine or not, and includes shell-fish,
crustaceans, sponge, holothurian (bêche-de-mer), crocodile and turtle, and the young and eggs
thereof.'
The Fisheries Act is administered by the Ministry of Fisheries and Marine Resources (the Minister). It
regulates the fisheries administration, the licensing of fishing vessels, entry and fishing by foreign
fishing vessels , fishing methods , fish processing establishments , the powers of authorized officers ,
and the offences and legal proceedings under the Act .
The Act adopts a very modern approach to fisheries management, despite being twenty five years
old. The Fisheries management principles are to be applied by the Minister in exercising his powers
under the Act, by having regards to:
'(a) the principle that Solomon Islands fisheries resources shall be managed, developed and
conserved so as to ensure through proper conservation and management measures that the
maintenance of those resources are not endangered by overexploitation and are utilized at a level
that ensure their optimum sustainable yield;
(b) the principle that the marine biodiversity, coastal and aquatic environments of Solomon Islands
shall be protected and managed in a sustainable manner;
(c) the application of the precautionary approach to the conservation, management and exploitation
of fisheries resources in order to protect the fisheries resources and preserve the marine
environment;
(d) the sustainable utilization of Solomon Islands fisheries resources so as to achieve economic
growth, human resource development, employment creation and a sound ecological balance,
consistent with its national development objectives;
(e) principle of sustainable yield, and allowable catch which may be supported or adopted nationally
or internationally from time to time;
(f) any relevant international obligations or bilateral or multilateral agreements which Solomon
Islands is a party to, or applicable rules of international law, relating to the exercise of jurisdiction by
Solomon Islands within its waters;
(g) any customary rights holders over or in relation to any area within Solomon Islands waters; and
(h) Any fisheries management and development plans made in accordance with this Act.'
35
A Fisheries Advisory Council is established by the Act, with members appointed by the Minister. The
Council advises the Minister on any matter relating to conservation, protection and development of
fisheries in Solomon Islands and such other matters as the Minister may require its advice on.
Fisheries management plans are to be prepared and reviewed by the Director of Fisheries in
Solomon Islands' waters (outside the jurisdiction of provincial waters), including fisheries of highly
migratory species. Each provincial government shall prepare and keep under review a plan for the
management and development of fisheries in its provincial waters other than fisheries of highly
migratory species.
Provincial Assemblies are vested with power to make Ordinances not inconsistent with this Act or
any regulations made under this Act, for the regulation of fisheries within its provincial waters. The
matters that the Ordinance may regulate include regulating and prohibiting the destruction of
mangroves.
The Provincial Executive of a province may appoint by notice published in the Gazette an authorized
officer for the purposes of enforcing the provisions of this Act in that province.
The Act prohibits destructive and unsustainable methods of fishing, such as fishing with explosives,
poison and other noxious substances, noting that the latter does not include 'any vegetable poison
indigenous to the Solomon Islands'. Breach of this provision incurs a fine or imprisonment or both.
Customary rights are recognized by the Act which prohibits the master of a license vessel to 'fish
within five hundred meters of low water mark, within one nautical mile of any village or fish within
any local fishing area specified by the Principal Licensing Officer until an agreement in writing
between the licensee and the person or persons who have, over those waters, custom ownership,
trusteeship' .
Penalties incurred for breach of this Act have been revised and significantly increased by the
Fisheries (Amendment) Act 2009, and fines now range from S$150 to S$2.5 million. Some breaches
also incur a custodian penalty.
Shipping Act 1998
The Act contributes to the protection of the marine environment and, consequently, of coastal and
mangroves ecosystems through its provisions, regulating shipping, including for the purpose of the
prevention of marine pollution from vessels.
The Act integrates various International Maritime Organization (IMO) conventions, including the
International Convention for the Prevention of Pollution from Ships, 197373, as modified by the
Protocol of 1978 relating thereto, incorporating the 1981 and 1983 amendments known as 'MARPOL
73/78'.
73
Section 56(1) of the Shipping Act 1998
36
4.6. Mangroves and Cross-Cutting Legislation Regulating Environmental
Protection, Pollution and Planning Law
In the absence of mangrove-specific legislation, improved management and conservation of
mangroves ecosystems can be achieved through effective environmental management, pollution
control and planning legislation.
The Environment Act 1998 is characterised by an integrated approach to environmental
management, reflected in the objects of the Act, namely:
'(a) to provide for and establish integrated systems of development control, environmental impact assessment and pollution control; (b) to prevent, control and monitor pollution; (c) to reduce risks to human health and prevent the degradation of the environment by all practical means, including the following -
(i) regulating the discharge of pollutants to the air, water or land; (ii) regulating the transport, collection, treatment, storage and disposal of wastes; (iii) promoting recycling, re-use and recovery of materials in an economically viable manner, and to
(d) to comply with and give effect to regional and international conventions and obligations relating to the environment.'74
In contrast with the variety of sectoral legislation providing partial regulatory regimes to mangroves, the Environment Act provides an opportunity to address, in a coordinated and consistent manner, the major threats to mangroves.
74
Section 2 of the Environment Act 1998
KEY MESSAGES: Cross-Cutting Legislation Regulating Environmental
Protection Pollution and Planning Law
In the absence of mangrove-specific legislation, improved management and conservation of
mangroves ecosystems can be achieved through effective environmental management,
pollution control and planning legislation.
The Environment Act 1998 is characterised by an integrated approach to environmental
management, but the Act adopts a prescriptive and limitative approach to trigger the EIA
process
Land use planning and development control legislation does not provide the tools for
responding strategically to the pressures of development and sustainable environmental
management. These tools are required for maintaining the environmental, social and
economic functions of mangroves.
Pollution control is regulated by the Environment Act and regulations at national level, and by
the Provincial Government Act and the Local Government Act at sub-national levels. Pollution
control provisions are also found in the Environmental Health Act [Cap 99], especially in
relation to the pollution of water supply.
Options for Law Reform are proposed at 5.4.2.7 and 5.4.2.8 below.
Options for Law Reform are proposed at 5.3.6 below
37
The Administration of the Act is vested in the Director of the Environment and Conservation Division
under the Ministry of Environment, Climate Change, Disaster management and Meteorology
(MECDM). The Director’s responsibilities include advising the Minister and to develop, coordinate
and facilitate implementation of national policy, concerning environmental planning, environmental
impact assessment and pollution control75. The Minister is responsible for the matters of policy
related to the functions of the Authority. The Act also establishes an Environmental Advisory
Committee which acts as the advisory body to the Director or Minister.76
Development Control and Environmental Impact Assessment under the Environment Act
and Regulations
Developments approval procedures are established in Part III of the Act, which imposes a general
duty on the relevant authority77 to ‘have regard as far as practicable to the effect such development
or expansion would have on the environment’78 when considering a development application.
An application for development, comprehensively described to include ‘the carrying out of work, in,
on, over or under land or sea’, will require environmental impact assessment only if it is identified as
a prescribed development under Schedule 2 of the Act.
All prescribed developments listed at Schedule 2 require the consent of the Director79 after
consideration of either a public environment report or an environmental impact assessment, as the
Director requires80.
Schedule 2 of the Act does not make any specific reference to mangroves, but it should be noted
that ‘the Minister may, where he sees fit, include in or delete from the said Schedule any development
or proposed development81’.
The Environmental Regulations detail the requirements and procedures relating to Public
Environmental Reports (PER) and Environment Impact Statements (EIS). The factors that must be
taken into consideration by the Director in the determination of prescribed development
applications for which either a PER or an EIS is required, include the following highlighted for their
relevance to mangroves:
any transformation of a locality;
any environmental impact on the ecosystem of the locality;
any reduction of the aesthetic, recreational, scientific or other environmental quality or value of a locality;
any impact on the habitat, both marine and terrestrial;
any endangering of any species of animal, plant or other form of life, whether living on land or water;
any long term impact on the environment;
75
Section 7 of the Environment Act 1998 76
'Review of Legislation and Regulation- Solomon Island', Haurae J, International Waters Project, 2003 at p. 12 77
the Director, the Division and the relevant public authority 78
section 15 of the Environment Act 1998 79
Section 19 of the Environment Act 1998 80
Section 15 of the Environment Act 1998 81
Section 16(2) of the Environment Act 1998
38
any degradation of the quality of the environment;
any reduction in the range of beneficial uses of the environment;
any pollution of the environment;
any environmental problems associated with the disposal of waste;
any increased demands on the resources (natural or otherwise); and
any cumulative environmental effect with other existing or likely future activities82.
The Act also refers to guidelines that the Director may follow in determining the approval of a
development.
Once a PER or EIS is received, public notice of the application must be given, an opportunity provided for the public to see the PER or EIS, a public meeting held and any objections considered by the Director, in addition to other matters that must be taken into account by him before a decision is made83. There is an overlap of responsibilities with regards to development control between the
Environment Act and Regulations, the Town and Country Planning Act, and the land use planning
provisions under the Provincial.
The Environment Act addresses this overlap by stating at Section 4 that 'in the event of any conflict
between the provisions of this Act and the provisions of any other Act, the provisions of this Act shall,
to the extent of any inconsistency prevail'(S.4(1)). The Environment Act also clarifies that 'compliance
with the requirements of this Act shall not absolve a person from separate compliance with any other
law of Solomon Islands, including any Provincial Assembly or Area Council Ordinance or Town Council
by-law insofar as they are not inconsistent with this Act' (S. 4.(2)).
Land Use Planning
Land use planning is a central instrument of environmental control, including for mangroves. There
are no consolidated land use planning laws in the Solomon Islands, and provisions are made for it in
three acts, in addition to the development control provisions of the Environment Act.
Land Use Planning under the Town and Country Planning Act [Cap154]
The Act administers town and country planning schemes and the control and development of land
within these areas.
The Minister responsible for town and country planning is responsible for policies for the preservation of public amenities and development of land that is under local planning schemes84. Customary land is excluded from the jurisdiction of the Minister85. As a result, the Act is rarely applicable to rural areas, which considerably reduces its relevance to mostly urban mangroves. The Act establishes the Town and Country Planning Board, which has the main function to receive and to grant with or without conditions, or reject development applications on land.86 An applicant
82
Reg 10 of Environment Regulations 2008 83
Regs 11 to 14 of Environment Regulations 2008 84
Section 4 of the Town and Country Planning [Cap 154] 85
Section 4 of the Town and Country Planning [Cap 154] 86
Section 16 of the Town and Country Planning [Cap 154]
39
whose development application was rejected or granted subject to conditions may appeal the Board’s decision to the Minister.87 Decisions objectors do not have legal standing to appeal the Board or the Minister’s decisions. The Board in each province and in Honiara is tasked with preparation of the local planning schemes and the development of land. Permission is to be obtained from the Board for any development activities within any area of land
which is within their jurisdiction88. The Act describes ‘development’ as ‘the carrying out of building,
engineering, mining or other operations in, on, over or under land, or the making of any material
change in the use of any buildings or other land’. Minor developments are excluded from this
definition, as well as the use of any land for the purposes of agriculture, livestock keeping, fishing
and forestry.89 These land use exclusions additionally reduces the relevance of the Act to mangroves.
Effectively, despite its title, the Act is concerned mostly with town planning, as opposed to country
planning.
The development or activities within a town area may are to be referred to the Director of
Environment if they are listed under Schedule 2 of the Environment Act.
Land Use Planning under the Provincial Government Act 1997 and Local Government Act
[Cap 117]
Considering that the jurisdiction of the Town and Country Planning Act excludes most non-urban
areas, the control of land use and activities at a local level is paramount for the conservation and
management of mangroves.
Provincial and local level governments are governed respectively by the Provincial Government Act
and Local Government Act which are administered by the Minister of Provincial Government and
Institutional Strengthening.
Provincial Assemblies under Schedule 4 of the Provincial Government Act is empowered to make
laws through a provincial ordinance for matters, including land use for areas that are outside the
jurisdiction of the Town and Country Planning Act and outside ‘development areas’ under the Town
and Country Planning Act.
Pollution Control
Pollution control is regulated by the Environment Act and regulations at national level, and by the
Provincial Government Act and the Local Government Act at sub-national levels. Pollution control
provisions are also found in the Environmental Health Act [Cap 99], especially in relation to the
pollution of water supply.
87
Section 19(1) of the Town and Country Planning [Cap 154] 88
Section 14 (1) of the Town and Country Planning [Cap 154] 89
Section 14 (2) of the Town and Country Planning [Cap 154]
40
Pollution Control under the Environment Act and Regulations
Part IV of the Act regulates pollution control, including the discharge of waste90, which is a
documented cause of mangroves degradation.
The discharge of waste 'in circumstances in which it is likely to cause pollution' is punishable by a fine not exceeding ten thousand dollars or to imprisonment for a period not exceeding twelve months or to both such fine and imprisonment91. A licensing system for the discharge of waste, as well as the emission of noise, odor or electromagnetic radiation, is established by the Act. Section 49 (2) of the Act prohibits a person from sailing or conducting a vessel capable of discharging
any matter into the environment unless the vessel complies with the prescribed discharge standards,
is also of particular relevance to mangroves.
Pollution Control under the Provincial Government Act and Local Government Act
The Local Government Act 1997 authorises Councils to perform some functions, as set out in the
Schedule of the Act. They include the function to manage, develop and deal in land held by the
Council and to manage such areas of land owned by the Government as the Government may direct,
on behalf of the Government or for the promotion of land conservation, to conserve forest for
protection of the environment, water catchment, firewood and building materials. For the purposes
of carrying out such functions, a Council may, from time to time, make by-laws, amend, vary or
cancel the same. These by-laws may specify the offences and the penalties for committing such
offences.
Provincial Councils have power under Schedule 4 of the Provincial Government Act to make laws through a provincial ordinance (by-laws) for matters, including pollution control to prevent pollution of water ways and rivers and for the conservation of water. Both Acts have provisions that could provide for the protection from pollution of mangroves and the
environment in general through the enactment of Provincial ordinances and local by-laws, provided
resources exist to administer same.
90
Reg 35 of Environment Regulations 2008 91
Reg 35 of Environment Regulations 2008
41
PART 5: NEXT STEPS - Summary and options and recommendations for policy
and law reform
5.1. Summary of findings of the policy review
Solomon Islands has a good amount of mangrove cover existing but it has declined over the years.
Mangrove provides a number of uses to coastal communities and villages of the Solomon Islands.
There is a strong reliance upon three main categories of mangrove goods for subsistence and cash:
firewood, food, and building materials. Yet, mangroves have been under threat from continuous
degradation through the establishment of log ponds, reclamation for settlements, logging, urban
development, and waste disposal.
From the review, it is found that there is no specific policy on mangroves. However, issues on
mangroves and those that relate to the use and management of mangroves and mangrove
ecosystems have been very briefly mentioned in few of the current environmental policies.
The National Environmental Management Strategy 1993 however, covers mangrove issues in detail
and extensively. It can be viewed that the use and management of mangroves is not given such high
importance and priority by Government although, biodiversity conservation, environmental
conservation and management have been broadly mentioned and recognized in the policies,
strategies and plans reviewed. Economic development and growth takes precedence over
environmental management and conservation. This is and may be one of the challenges for the
Government of Solomon Islands to seriously consider and address.
The monitoring, enforcement and implementation of policies and legislation reviewed is lacking. This
is due to budgetary, staffing constraints and appropriate mechanisms to facilitate the
implementation process.
The absence of the Mangrove Policy or a mangrove management framework governing its use,
conservation, management and protection may be stated as one of the contributing factors of the
continuous exploitation of the resource. Similarly, the integration of mangrove conservation,
management and protection into the current environment, biodiversity and natural resource policies
of the Solomon Islands is a major gap that needs to be urgently addressed by the Government and
policy makers.
5.2. Options and Recommendations for Policy
The following may be recommended as options for the Government of the Solomon Islands to
consider:
5.2.1. Mangrove Policy/Framework or Mangrove Management Plan
Given the increasing threats to the mangroves and mangrove ecosystems imposed by human-induced activities, and in particular log ponds, the stakeholders consulted highlighted the need for a stand-alone mangrove policy. Alternatively, the formulation of the mangrove management plan may be and can be considered by Government. These plans could be tailor-made to address urban
42
mangroves issues and also to address those under provincial governments which covers the rural communities. The mangrove policy, framework or management plan should take into consideration the needs of
all stakeholders, including the coastal dwellers, rural communities, industry, non-government
organizations and government stakeholders.
5.2.2. Community Participation and Consultation
Given the customary land ownership and tenure system in Solomon Islands, the involvement of
communities in the consultation process in any mangrove policies to be formulated was highlighted
at the stakeholders meeting. It was also noted that the communities are now aware of the
importance of mangroves and have started some mangrove conservation projects. The involvement
of customary owners could see the successful implementation of mangrove policy, should
Government decide to have one. More importantly, this also provides them a sense of ownership of
the policy and foster that partnership arrangement with Government.
5.2.3. Mainstream of Policies
The mainstreaming of mangrove management and conservation into all government and sectorial
policies is needed to ensure that high priority is given to mangroves, considering its importance to
coastal communities. More importantly, given the threats it currently faces in the context of climate
change, sea level rise and man-induced activities, i.e., reclamation, urban development, over-
exploitation of resources, etc.
5.2.4. Mangrove Protected Areas
The establishment and declaration of mangrove protected areas with provisions in the Protected
Areas Act and Regulation may be enforced by Government. This should see some form of protection
and management measures that may control continued destruction on mangroves.
5.2.5. Awareness
Awareness programs at all levels on the importance of mangroves should be conducted on a regular
basis by all stakeholders. An integrated ecosystem approach could be encouraged when doing
community-based resource management, as in the case of mangroves. Marine ecosystems such as
mangroves, sea grass and coral reef habitats are interconnected. Other abiotic factors, such as
currents make larval dispersal possible between ecosystems. While managing individual resources
independently can have some value, partners working with communities should make sure
communities understand these important ecological processes, and adopt or integrate such concepts
into their management strategies. The ecosystem approach to fisheries management (EAFM)
encapsulates these concepts.
It is important that all findings from the MESCAL project be widely disseminated to all stakeholders
at all levels. For instance policy briefs and cabinet papers on the outcome of the legislative and policy
reviews could be compiled by the ECD that need endorsement of government.
43
Formal and informal environmental education could be further strengthened. Appropriate curricula
at the primary, secondary and tertiary levels of education should be designed and implemented in
tandem with community education.
5.2.6. Ridge-to-Reef Management Approach
Recognizing the close connectivity of livelihoods and natural resources and the links between
terrestrial, coastal and marine ecosystems; ecosystem based adaptation; a ridge to reef
management approach is an appropriate adaptation response and way of ensuring protection to
mangroves and mangroves ecosystems.' Additionally, land use planning should be considered by
Government with the formulation of land use policy or an integrated plan for land use.
5.2.7. Mangrove Records
The mangrove resource database needs to be improved. Firstly, the areal extent of mangroves in
Solomon Islands should be determined accurately. A comprehensive survey of mangrove species
diversity and richness should be undertaken. Equally, all other mangal flora and mangrove fauna
should be surveyed and documented.
5.2.8. Community-Based Conservation
Community-based conservation is increasingly becoming acceptable in Solomon Islands, as a result
of combined efforts by the Government, NGOs like The Nature Conservancy and World Wildlife Fund
for Nature (WWF) through education and awareness programmes. In Isabel and Choiseul Provinces,
TNC is a major partner in the six-year-old Arnavon Marine Conservation Area and the WWF has been
successful in helping communities in Marovo lagoon (Western Province) establish community-
managed conservation areas which include some mangroves areas. Education and awareness raising
are important to make communities aware that they are stakeholders who stand to benefit from
mangrove conservation.
5.3. Summary of findings of the review of legislation
The legal framework for mangroves ecosystems’ use and management is constituted by a mix of
customary law and practices, and of old and recent statutory instruments regulating land and marine
tenure, sectoral activities, including forestry, mining and fisheries and cross-cutting legislation,
governing environmental management, pollution control and land use planning.
This fragmentation results in scattered responsibilities, complexity and lack of clarity of legal
requirements, loopholes and overlaps and generally a lack of coherence which allows for
uncontrolled use and removal of mangroves. This situation is not conducive to the attainment of
best outcomes for maintaining the important environmental, economic and social functions of
mangroves ecosystems.
Law reform is clearly required to improve mangroves’ use and management. It should however, be
emphasised that the effectiveness of such reform if undertaken will ultimately depend upon
consistent compliance, which requires strengthened monitoring and enforcement, underpinned by
clear policy direction and good governance. This can be supported by a combination of command
44
and control tools provided by legislation, and by innovative solutions to overcome the challenges of
geography, limited human and financial resources. Just as importantly it also requires human and
financial resources of capacity of government officials and the awareness and active involvement of
customary resource owners and local communities. The continued development and legal
recognition of community-based or co-management systems is critical in this regard.
The conservation of mangroves and their ecosystems requires addressing the main economic drivers
for their destruction. The economic evaluation of their current and future value of their benefits and
environmental services – and of the costs of their loss -, as well as the establishment of the national
legal basis enabling the realisation of the financial incentives created by international mechanisms
for improved management and conservation of forest (REDD+), and for the conservation of genetic
resources (ABS) are recommended.
5.4. Options and Recommendations for Law Reform
5.4.1. Main options for law reform
Overall, two basic options are proposed as a result of the legislative review conducted:
Option 1: The enactment of a stand-alone legislation on mangroves, which would give legal force
to the Solomon Island’s mangroves management policy or/and management plan principles. This
legislation could take the form of either a new statute or of mangrove regulations under the
Environment Act. In parallel, a revision of the existing relevant legislation, identified in this review,
would be required in order to harmonise them with the mangrove legislation. Such stand-alone
legislation would have distinct advantages, (detailed in Box 2) but may also be perceived as an
unnecessary added layer of regulation.
Or
Option 2: No additional legislation but legislative reform and measures taken for: Effective
implementation of new statutes, in particular the Protected Areas Act and the enactment of current
bills, particularly the Fisheries Bill; and amendment of existing statutes to provide for improved
management and conservation of mangrove ecosystems, as highlighted throughout the review (Key
Messages summarised in Box 3), and guided by the principles established in a national mangroves
policy and/or management plan.
45
BOX 2: Enacting a stand-alone mangrove statute or regulation for
mangroves
A consolidated stand-alone mangrove conservation and management law, such as was developed in India, would have several advantages including:
• Enabling the implementation of a mangrove policy and mangrove management plan when or if developed;
• Enhancing legislative coherence; • Facilitating intergovernmental processes and cooperation ; • Serving as a reference for the revision and interpretation of relevant
sectoral legislation and cross-cutting legislation; • Providing clear guidelines for decision makers, developers and civil
society; • Supporting effective monitoring, enforcement and compliance ; • Providing a legal instrument for the integration protection of the climate
change adaptation and mitigation functions of mangroves ; • Highlighting the linkages with international incentive mechanisms for
maintaining the function of mangroves, such as the R EDD+ mechanism under the UN Framework Convention on Climate Change, and the Access and Benefit Sharing (ABS) provisions under the Convention on Biological Diversity; and
• Establishing the legal basis for the development community or cooperative and ecosystem-based management systems of coastal areas .
46
5.4.2. Recommendations for law reform
The following recommendations for law reform for each of the themes explored in this review of
legislation are proposed below.
BOX 3: Key recommendations for Law reform with or without a stand-
alone mangroves legislation
Whether or not the Solomon Islands choose to develop stand -alone mangrove legislation, there is scope for improving significantly the sustainable management and use of mangroves by amending the statutes in force, as detailed throughout this Review. The key legislative reform measures recommended are identified below. 1. That the following laws be amended:
The Land and Titles Act to clarify that land below high water mark and low water mark is tribal land to the extent of provincial boundaries, unless it is registered land, as recommended by the Solomon Islands Law Reform Commission
The Forest Resource and Timber Utilization Act, in particular to minimize the destruction of mangroves associated with the shipping of logs (log ponds) and to provide for the consideration of the ecological and social functions of forests
The Protected Areas Act, to expressly provide for the declaration of mangrove
protected areas
The Mining Act, to mitigate the impact on the environment, generally and on mangroves, in particular, of the fast growing mining industry, particularly through stricter regulation of the disposal of mining wa ste
The Environment Act, to broaden the scope of environmental impact assessment and make express reference to mangroves ecosystems
The land use planning legislation, to provide for a national strategic land use planning and zoning instruments, including f or the control of tourism developments and to strengthen and coordinate the participation of provincial governments and customary land owners in the management of foreshores
2. That innovative measures suggested in the review be considered to improve monitoring, compliance and enforcement.
3. That consideration be given to designate the Ministry of Environment, Climate Change, Disaster Management and Meteorology as the government focal point for mangroves.
4. That the legislation be amended to improve intergovernmen tal cooperation on mangroves ecosystem management.
5. That the natural resource management legislation be revised and amended, as in the Fisheries bill, to give recognition and create the legal basis for community or cooperative management models.
47
5.4.2.1. Law reform relating terrestrial and marine tenure
The Land and Title Act, section 10(4) to be amended as recommended by the Law Reform Commission’s 2012 Land below high water mark Report to be tribal land and remove the uncertainty that prevailed until now on tenure rights and interest in foreshores, and thus on mangroves.
The Land and Title Act to be amended to require consideration for mangroves protection in of
lease or acquisition of land for large commercial projects and in projects such as relocation of
population.
5.4.2.2. Law reform relating to Mechanisms for Conservation
The Protected Areas Act to be amended to include express reference to mangroves ecosystems, and create mangrove protected areas.
The Protected Areas Advisory Committee may be requested by the Minister to assist on the formulation and implementation of a national mangroves strategy and action plan
5.4.2.3. Law reform relating to Forest Resources
The Forest Resources and Timber Utilisation Act is old, thus does not provide adequately for the
conservation of the environmental and social functions of forests, and is in need of reform to
integrate adequate environmental consideration
It is understood that a new Forestry bill is in preparation. The following provisions should be
considered for inclusion:
Express reference to the environmental, social and economic value of
mangroves forests, and to relevant policies, including mangroves policy if/when developed
Prohibit clearing of mangroves unless expressly permitted, with deterrent penalties
Reference to the environmental protection legislation, and specifically to environmental
impact assessment of logging operations
Include standard conditions in licences and standard logging agreements to minimise
impact on mangroves ecosystems, in particular with reference to wharfing: remove
exemption for wharfing and any authorised clearance of mangroves to be subject to a
rehabilitation plan of site or offset replanting in other location
Make provision for forest certification, including with reference to impact on mangroves
Make provision for community forest management schemes, including consideration for
mangroves
Strengthen monitoring and enforcement with the law and with licence conditions, including
by appointing and training forest rangers and authorised persons outside the Ministry
Increased penalties for breach of the Act, regulations and Code of Practice
Make provision to enable the development of Reducing Emissions from Deforestation and
Forests Degradation (REDD+) projects, including in mangroves forests
Make reference to multilateral environment agreements ratified by the Solomon Islands, in
particular the Convention on Biological Diversity, the UN Framework Convention on Climate
Change, and to the principles of sustainable development to be considered as part of the
decision-making process
48
5.4.2.4. Law reform relating to Extractive Industries: Mineral Resources
The following amendments are proposed, aiming at strengthening conservation and
environmental consideration in the administration of mining, and reducing the impact of mining
on mangroves ecosystems:
The mining board to include a representative of the Department of Environment
Establish an advisory Council to advise the Minister and the Director on matters related to
conservation and sustainable forestry practices
Mining explorations and operations to abide by best practice guidelines
Make reference to multilateral environment agreements ratified by the Solomon Islands, in
particular the Convention on Biodiversity, the UN Framework Convention on Climate
Change, and to the principles of sustainable development to be considered as part of the
decision-making process
Make specific reference to the obligation under the Environment Act, and EIA legislation
Establish a process and institutional arrangements for intergovernmental collaboration, to
collate requirements or conditions to be imposed on the lease or permit. It would include
the Ministry of Environment, Forestry, Agriculture, Fisheries and/or others as relevant
Establish a process for effective public consultation on grant of mining permits and leases,
and address in the lease the concerns of local communities/locally managed marine area
groups
Standard application forms for licence and other permits under the Act are to disclose
possible impact on mangroves, and detail mitigating measures, particularly on mangroves
Establish processes for monitoring of compliance with licence/permit conditions, in
particular with reference to water pollution, waste disposal and shipment of logs
Revise the penalties for breach of the Act to ensure deterrence
5.4.2.5. Law Reform relating to Extractive Industries: Petroleum
The legislation is very old, first drafted in 1939 and last revised in 1978, and would benefit from a full review
Similar recommendations as proposed above for the Mining Act could be considered.
5.4.2.6. Law Reform relating to Fisheries and Marine
Compliance, monitoring and enforcement of the Act need strengthening. The new bill addresses
this weakness, including by providing for the appointment of authorised officers with powers of
investigation and arrest, and of ‘observers, port samplers and fish quality control officers’. The
recognition of the fisheries resources co-management arrangements should also strengthen
compliance and enforcement
The Ministry of fisheries supports the development of a national mangrove policy/strategy and
management plan, and of the establishment of a network of line ministries to support it/their
coordinated implementation
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5.4.2.7. Law Reform relating to Cross-Cutting Legislation regulation Environmental
Protection and Pollution
A revision of the 1998 Environment Act may be considered to reflect the need to address the
growing pressures on the environment and on mangroves ecosystems:
The Act adopts a prescriptive and limitative approach to trigger the EIA process, confined
to the ‘prescribed developments’ listed in Schedule 2 of the Act. It is recommended to
amend the Act so as to broaden the scope of consideration of environmental impacts of
developments and activities. This could be achieved by an additional requirement that ‘all
projects, proposals or development activities that impact or are likely to impact on the
environment of the Solomon Islands; and require any license, permit or approval under any
law’
Schedule 2 is to be amended by the Minister, as empowered by Section 16(2) of the
Environment Act, to define and classify as development include all development likely to
have an impact on foreshores (including quarry activities and sand extraction) and
mangroves ecosystems
The Ministry of Environment, Climate and Disaster Management and Meteorology, which
administers the Environmental Act and the Protected Areas Act, is placed in a strategic
position to act as focal ministry for coastal management and mangroves. Should this
institutional reform be supported by policy, the Act will require amending to provide for
this responsibility
The Minister may prescribe the creation of a mangrove management committee to
facilitate inter-ministerial cooperation. The committee would include representatives of
the Ministries and authorities of Town and Country Planning, Fisheries, Forests, Mines,
Tourism, Infrastructure, Health, Provincial Government and Finance, amongst others. An
extended Committee would include representatives of customary landowners and of civil
society groups
5.4.2.8. Law Reform relating to Land Use Planning
In relation to Land Use Planning, the following recommendations for legal reform are made:
Land use planning and development control legislation do not provide the tools for
responding strategically to the pressures of development and sustainable environmental
management. These tools are required for maintaining the environmental, social and
economic functions of mangroves
The Town and Country Planning Act is to be revised or replaced to create the legal basis
and provide adequate processes for coordinating land use and zoning at a national level,
provincial level, and community level, with particular reference to relevant policies.
including mangroves policies if or when developed, and mangroves co-management
arrangements. If a national policy decision was made to develop a national land use
planning and zoning policy, the revision of the Town and Country Planning Act would
enable the implementation of the policy
The Provincial Government Act, in which a review was announced in 2011, requires the
preparation of provincial land use plans compatible with any national land use plan that
50
may be developed, including strategic planning of foreshore lands. The Act is also to
provide for processes for implementation of those plans
More responsibilities be given to the Provinces on environmental matters with reference to
the Environment Act and to implement through by-laws any national mangrove policy, law
or regulation that may be adopted. Provinces are to report to the Director of Environment
on these matters
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on July 6th, 2010