INDEPENDENT STATE OF PAPUA NEW GUINEA.

CHAPTER No. 368.

Environmental Contaminants.

GENERAL ANNOTATION.
ADMINISTRATION.
The administration of this Chapter was vested in the Minister for Environment and
Conservation at the date of its preparation for inclusion.
The present administration may be ascertained by reference to the most recent
Determination of Tides and Responsibilities of Ministers made under Section 148(1) of the
Constitution.
References in, or in relation to, this Chapter to-
"the Departmental Head" should be read as references to the Secretary for
Environment and Conservation;
"the Department" should be read as references to the Department of Environment
and Conservation.
NOTE: Sections 1,2,3,4,49,50,51,52 and 72 of this Act only had been brought into
force at the time of this up-dating, therefore, it seems unnecessary to include the whole Act
and only those sections have been included.
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TABLE OF CONTENTS.
Pag,.
Environmental Contaminants Act ...................................................... 3
Regulations ................................................................................... .
Appendix-
Source of Act.

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Prepared for inclusion as at 11111986.
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INDEPENDENT STATE OF PAPUA NEW GUINEA.

CHAPTER No. 368.

Environmental Contaminants Act.

ARRANGEMENT OF SECTIONS.
PART I-PRELIMINARY.
1. Compliance with Constitutional requirements.
2. Interpretation-
"analysis"
"analyst"
"beneficial use"
"Council"
"Director"
"element"
"environment"
"environmental contaminant"
"environmental officer"
"fauna"
"flora"
"hazardous environmental contaminant"
"health inspector"
"imporc"
"inspector"
"licence"
.) "litter"
"noise abatement notice"
"permit"
"pollution"
"premises"
"public place"
"the Register"
"segment"
"ship"
"soil"
"this Act"
"trade"
"vehicle"
"water",
3. Application to the State.
PART II-ADMINISTRATION.
4. Appointment of inspectors and analysts.
PART Vl.-POLLUTION OFFENCES.
49. Litter.
50. Breaking of glass.
5 L Notice to remove litter.
PART VII.-NoISE.
52. Unreasonable noise.
PART VII I.-MISCELLANEOUS.
72. Regulations.

Prepared for inclusion as at 11111986.

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INDEPENDENT STATE OF PAPUA NEW GUINEA.

CHAPTER No. 368.

Environmental Contaminants Act.
Being an Act-
(a) relating to the prevention, abatement and control of environmental contami-
nation; and
(b) to provide for the protection of the environment in accordance with the
fourth goal of the National Goals and Directive Principles; and
(c) to give effect to those Goals and Principles under Section 25 (implementation
0/ the National Goals and Directive Principles) of the Constitution;
and for related purposes.

PART I.-PRELIMINARY.

1. Compliance with Constitutional requirements.

(1) This Act, to the extent that it-
(a) regulates or restricts a right or freedom referred to in Subdivision III.3.C of
the Constitution, namely-
(i) the freedom from arbitrary search and entry conferred by Section 44
of the Constitution; and
(ii) the right to privacy conferred by Section 49 of the Constitution; and
(b) regulates a right or freedom referred to in Subdivision III.3.C of the
Constitution, namely. the right to freedom of information conferred by
Section 51 of the Constitution,
is a law that is made for that purpose, taking into account the National Goals and the Basic
Social Obligations, particularly the fourth goal of the National Goals and Directive
Principles entitled "natural resources and environment".
(2) For the purposes of Section 29 of the Organic Law on Provincial Government, it is
declared that this law relates to a matter of national interest.

2. Interpretation.
In this Act, unless the contrary intention appears-
"analysis' means any test or examination (physical, chemical or biological) of any
matter, substance or process for the purposes of determining its composition,
qualities or its effect on any segment of the environment;
"analyst" means an analyst appointed under Section 4:
"beneficial use" means a use of the environment or any element or segment of the
environment that it conducive to public benefit, welfare, safety or health or
the health or productivity of flora or fauna;
"Council" means the Environmental Contaminants Advisory Council established
by Section 9;
"Director" means the Director of the Office or Environment and Conservation and
any Assistant Director of that Office;

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Ch. No. 368 Environmental Contaminants

"element" I in relation to the environment, means' any of the principal constituent

parts of the environment including water, atmo~phere, soil, vegetation,
climate, sound, odour, aesthetics, flora and fauna;
"environment" means the total stock of physical, biological and social resources
available to mao and other species and the ecosystems of -which they are a
part;
"environmental contaminant" means-
(a) any substance whether liquid, solid, gaseous or radio-active, or any
form of electromagnetic or thermal energy which, when d.ischarged,
emitted or deposited into the environment, causes or may cause, by
reason of its properties, characteristics, the volume, amount and weight
and point of its discharge, or other circumstances, a present ,or Juture
alteration of the environment so.as to affect adversely its beneficial use;
and
(b) any substance, material or matter prescribed to be an environmental
contaminant or a hazardous environmental contaminant;
"environmental officer" means an environmental officer appointed under Section
4;
"fauna" means a member of any species included in the animal-klqgdom other-than
man, whether native or introduced, and includes a micro-organism;
"/lora" means a member of any species included in the plant kingdom, whether
native or introduced, and includes a micro-organismj
"hazardous environmental contaminant" means a substance ,registered under
Section 32(2) as a hazardous environmental contaminant;
"health inspector" means a person appointed to be an inspector of health under
the Public Health Act;
"import" means import to the country;
"inspector" means an inspector appointed under Section 4;
"licence" means a licence issued under Part IV;
"litter" includes any bottle, tin, carton, package, paper, glass or other refuse,
rubbish or unwanted thing or any abandoned vehicle or part thereof;
"noise abatement notice" means a noise abatement notice issued under Section
53(1);
"permit" means a permit issued under Part V;
"pollution" means any act which causes or may cause impairment of the ,quality of
the environment for any use that can be made of it;
"premises" includes-
(a) any property or building or property and building together, any
allotment, parcel or area of land held by lease or otherwise; and
(b) in relation to any trade or industry""""",ny machinery, plant or vehicle
used in conneXion with it; and
(c) a ship and an aircraft;
"public place" includes any street, road, ,beach, foreshore, public reserve, garden,
park, place of public re.creation, river, stream, watercourse or lake ,open ,to or
used by the public;
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Environmental Contaminants Ch. No. 368

"the Register" means the Register of Hazardous Environmental Contaminants

established under Section 32(1);
"segment", in relation to the environment, means any portion of the environment
expressed in terms of volume, space, area, quantity, quality or time or any
combination of them;
"ship" includes every description of vessel or craft designed for use on or in water;
"soil" includes earth, the subsoil, sand, rock, shale, minerals of every description
and vegetation in the soil;
"this Act" includes the regulations;
"trade" means any business or undertaking carried on by persons, whether of a
commercial or other nature;
"vehicle" includes any car, truck, bus, motor bike, tractor or other self-propelled
machine and includes any ship or aircraft;
"water" includes any sea, rivet, stream, watercourse, reservoir, well, bore, tank,
dam, canal, channel, lake, lagoon, swamp, open drain, coastal or underground
water.

3. Application to the State.

This Act binds the State.

PART n.-ADMINISTRATION.

4. Appointment of inspectors and analysts.

The Minister may, by notice in the National Gazette appoint such persons as he
considers necessary for the purpose of this Act to be-
(a) inspectors; and
(b) analysts; and
(c) environmental officers.

PART Vl.-POLLUTION OFFENCES.

49. Litter.
(1) A person who throws, drops, deposits or otherwise disposes of any litter in any
public place, otherwise than by placing it in a place or receptacle provided for that purpose,
is guilty of an offence.
Penalty: A fine not exceeding K200.00 or imprisonment for a term not exceeding one
month.
(2) A person who throws, drops, deposits or otherwise disposes of any litter in or on
any privately owned place, including any place owned by the State that is not a public place,
without the express permission of the owner or occupier of that place, is guilty of an
offence.
Penalty: A fine not exceeding K200.00 or imprisonment for a term not exceeding one
month.
(3) An inspector, a member of the Pollce Force or a health inspector who observes or
has reasonable cause to believe that a person has thrown, dropped, deposited Or otherwise
disposed of any litter whether in a public or other place, otherwise than by placing it in a

Prepared for inclusion as at 11111986.

Ch. No. 368 Environmental Contaminants

place or receptacle provided for that purpose, may direct that person to retrieve the litter
and deposit it in an appropriate receptacle or as -otherwise directed by the inspector,
member of the Police Force or health inspector.
(4) A person who fails to comply with a direction under Subsection (3) is guilty of an
offence.
Penalty: A fine not exceeding K50.00 or imprisonment for a term not exceeding one
month.
50. Breaking of glass.
(I) Without derogating the provisions of Section 49, a person who breaks any glass in
a public place and does not immediately collect and remove the broken glass from that
public place or place it in a receptacle provided for litter in the public place, is guilty of an
offence.
Penalty: A fine not exceeding K200.00 or imprisonment for a term not exceeding one
month.
(2) An inspector, a member of the Police Force or a health inspector who observes or
haS -reasonable cause to believe that a person has broken any glass in a public place, may
direct that person to collect and remove the broken glass from that public place or place it
in a receptacle provided for litter in the public place or as otherwise directed by the
inspector, member of the Police Force or health inspector.
(3) A person who fails to comply with an order under Subsection (2) is guilty of an
offence.
Penalty: A fine not exceeding K50.00 or imprisonment for a term not exceeding one
month.
5!. Notice to relI)ove litter.
(I) Where litter is deposited in any public or private place, other tban in a place or
),
receptacle provided for that purpose, and the Director considers that the circumstances are
such that the litter is or is likely to become-
(a) detrimental to the health, safety or welfare of any person; or
(b) unduly offensive to the senses of any person; or
(c) a hazard to the environment,
the Director may, by written notice served on a person he considers has the means and
equipment to do so direct that person to-
(d) remove or dispose of the litter; or
(e) take such action in relation to the litter as is specified in the notice.
(2) A person on whom a notice has been servied under Subsection (1) who fails,
without reasonable cause, to comply with the requirements of the notice, is guilty of an
offence.
Penalty: A fine not exceeding K200.00.
(3) It is reasonable cause for not complying with the requirements of a notice served
under Subsection (1) if the person on whom it is served is not in any way connected with
the depositing of the litter or the premises on which it is deposited.

PART VII.-NmSE.
52. Unreasonable nQise.
(1) A p.erson is guilty of ari offence under this section if he emits, or causes or permits
to be emitted any noise in excess of a -standard or level prescribed with, respect to that type
of-noise.

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Environmental Contaminants Ch. No. 368

(2) A person who emits or causes or permits to be emitted any noise which, in the
circumstances of its emission, is unreasonable is guilty of an offence.
Penalty: A fine not exceeding K500.00.
Default penalty: A fine not exceeding K200.00.
(3) In determining whethet for the putposes of Subsection (2) the emission of noise is
unreasonable in the circumstances, the court shall take into account-
(a) the time, place and circumstances of the emission; and
(b) the usefulness (if any) of the activity giving rise to the emission; and
(c) the practical possibility of the noie being mitigated to a reasonable level,
frequency or duration; and
(d) the malice, negligence or carelessness (if any) of the person causing or
permitting the emission; and
(e) any other factor which the court considers relevant in the circumstances of the
case.

PART VIII.-MISCELLANEOUS.

72. Regulations.
(1) The Head of State, acting on advice, may make regulations not inconsistent with
this Act, prescribing all matters that by this Act are required or permitted to be prescribed,
or that are necessary or convenient to be prescribed for carrying out or giving effect to this
Act, and in particular for-
(a) prescribing fees for the issue of licences and permits; and
)
(b) regulating the registration of environmental contaminants and hazardous
environmental contaminants and the removal from the Register of such
contaminants; and
(c) prescribing standards or criteria for determining when a matter or thing is
poisonous, noxious, impure, detrimental to health, or within any other
description referred to in this Act; and
(d) prohibiting or regulating the discharge into the environment of any matter
whether liquid, solid, gaseous, radio·active or any form of electromagnetic or
thermal energy; and
(e) prohibiting or regulating the use of any specified fuel; and
(f) prohibiting or regulating the use of any specified aerosol; and
(g) prescribing or regulating the importing, sale, manufacture or distribution of
hazardous environmental contaminants; and
(h) prescribing the labelling, packaging, transportation, storage, advertising or use
of any hazardous environmental contaminant; and
(i) prescribing standards or levels for the emission of various types of noise and
the procedure by which they are to be tested or ascertained; and
(j) regulating or prohibiting the burning of specified substances in the open; and
(k) prescribing air or water quality standards; and
(I) requiring payment of a deposit at the time of purchase of any material
packaged or contained in any class of packaging Or container and regulating
the amounts, terms and conditions of deposits; and

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tho No. 368 E"nvironmental Contamina:rits

(m) prescribing the standards for matter that can safely be discharged t6 the water,
~t:mosphere or' larid surface; and
(n) prohibiting or prescribing the use of any packaging-, equipment, facility,
vehide or ship' capable of causing pollution or litter, or regulating the
construction, or 6perat'ion of any of them' so as to prevent or minimize
pollution or litter; and
(6) pt6hibiting the use of any equipment, fatility, instl'llment, devite, vehicle or
ship capabIe 6f etrii£ting noise that does· riot meet a prescribed stahdard and
regUlating the construction, ifi'stallation or operatiori of any of them so as to
prevent or minimize die emission of noise; and
(p) prescribing' maximum permissible concentration, levels- ot amounts of erivi~
6r
ronn'lental' cootanlin'ani!; in any segment ot elenient the envitonment; and
(1]) prohibiting or regulating the amount or proporiion of any segment of the
enviroruhent that may be temoved or otherwise taken for human tOhsump~
don' or u'se nav'ing. regard to the amount, concentration bt level of enviton'~
mental' contaminant contained ill them; and
(r) pre~tribing the design, function ot operation of any machinery, equip~ent,
fadlity b'r vehicle in order to' regulate ot conttol the movement or discharge
of envirdnmen'tal contaminants; arid'
(S) tequitJilg the giving of special wartling dr alertS relating td the movement or
distharge of e'tivitdnmental contaminants; and
(II regUlating the establishrnent of new sites and the management of old sites fot
the disposal of environmental contatninants; and
(u) further delining litter and receptacles tb contaiii litter for the purposes of thiS
Act; arid
(v) piohibiting or regulating particular activities having regard to the danger of
exposure tb arid coIitad with etlVito;nmerital contaminants; and
(w) prohibiting or regUlating the trade in or disposal of any environmental
cont~inants; and
(x) prohibiting or regulating the employm"nt or conditions of e11lploymentof any
person in work that involves the handling by that person of, or exposure of
that person to, any environmental contari:tihatit; arid
(y j providing for the proteCtiori of-
(i) persons from injury or illness or the risks of irtjury or illness; and
(ii) flora lind tauna tram di!11lage or the risks of damage,
arising OUt of or in the COurse of the handling, use or disposal of environ-
mental cbhtamiiiatits; and
(x) preScribing the requiremehtS ih relation to--
(1) buildiligs atid bthet premises where an envirotlment.i cOdtatniliant br
sUbstarice likely to caUSe liiter is manufactured, treated, stored, sold;
handled di used; arid
(ii) ~ehides in which ah environmental tOlitamirtarit is conveyed; atid

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Environmental Contaminants Ch. No. 368

(za) prohibiting the use of a particuiar environmental contaminant for a particular

purpose or in specified cases or circumstances; and
(zb) prescribing restrictions or conditions as to the purposes for which or the
means by which an environmental contaminant may be used; and
(zc) the granting of certificates of competency in relation to the handling or use of
environmental contaminants, and prohibiting the handling or use of, or any
work or operation in connexion with, environmental contaminants or that may
lead to exposure to environmental contaminants, except by or under the
supervision of a person holding such a certificate; and
(zd) the form of notification to affected parties in respect of applications for
licences under this Act; and
(ze) the suppression of dust or smoke; and
(z/) giving effect to any international convention to which the State is a party or
agreement between the State and any country Or countries relating to the
control of environmental contaminants and the protection of the environ-
ment; and
(zg) prescribing penalties of fines not exceeding K5 000.00 or default penalties of
fines not exceeding KI 000.00 for-
(i) offences against the regulations; or
(ii) offences against any provision of the Act where no penalty is provided.

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THE INDEPENDENT STATE OF PAPUA NEW GUINEA.

CHAPTER No. 368.

Environmental Contaminants Act.

APPENDIX.

SOURCE OF THE ENVIRONMENTAL CONTAMINANTS ACT.

Previous Legislation.
Environmental Contaminants Act.
NOTE. Only Sections 1,2,3,4,49,50,51,52 and 72 of this Act were in force
at the time of this up·dating.

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Prepared for inclusion as at 11111986.

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