Protecting our environment

President Granger’s announcement that two million hectares of Guyana’s forest will be placed under conservation as Guyana’s contribution to combatting climate change and global warming, is a most welcome development. This pledge was made at the recent meeting of the Conference of Parties to the United Nations Framework on Combatting Climate Change (UNFCC) held in New York.  Accountability WatchGuyana is the second largest country in the world in terms of forest cover which stands at 85%.  In 1989, the Hoyte Administration had made available to the International Community some 371,000 hectares for research into “methods and techniques for the sustainable management and utilization of the multiple resources of the tropical forest and the conservation of biodiversity.” This was according to Major General (Ret’d) Joe Singh who had also stated that the decision set in place the strategy for sustainable development to show how tropical forests can be conserved and sustainably used for ecological, social and economic benefits to local, national and international communities. However, it wasn’t until 1996 that the Iwokrama International Centre was established.

There was a recent article in the Zimbabwe Financial Gazette headlined “Zimbabwe: Panic In Government As Chinese Loot Economy”, in which it was reported that Chinese nationals were mopping up hard currency from the economy and depositing it in off-shore banks, thereby creating a cash crisis and panic in government. The newspaper cited a Chinese mining company which had “externalized” US$546 million through an offshore transaction. Although the matter was reported to the police, nothing happened. Bankers in Zimbabwe believed this to be a tip of an iceberg.

Additionally, the newspaper highlighted a bank executive having stated that Chinese in Zimbabwe were seen with suitcases depositing cash in a Chinese bank in Johannesburg. It also referred to a source from the Reserve Bank of Zimbabwe (RBZ) who indicated that although there are many Chinese nationals operating gold mines, very few sell the minerals to the RBZ-owned gold buying company.

The full article can be viewed at http://allafrica.com/view/group/main/main/id/00042651.html.

Our last two columns were devoted to a discussion of the procedures in place for the management and conservation of our forest resources. These are detailed in the Forests Act of 2009 which is administered by the Guyana Forestry Commission whose main responsibilities are in relation to policy implementation and the development of procedures and guidelines; sustainable forest management; community forestry; and planning the effective utilization of Guyana’s State Forest resources. The Commission provides oversight of the management of the organisation and makes important decisions in relation to its mandate. It comprises 9-13 members drawn from diverse backgrounds: relevant knowledge and experience in forest management, forest industries, manufacturing, marketing, business management, finance, economics, environmental management, Amerindian affairs, law, land use planning, education and training, human resources development, information systems, or research and development. The Commission is organized into five divisions, namely (a) Forest Resources Management; (b) Forest Monitoring; (c) Planning & Development, including REDD Secretariat; (d) Human Resources & Administration; and (e) Finance & Management Information Systems.

Environmental protection

Environmental protection is a practice of protecting the natural environment on individual, organizational or governmental levels, for the benefit of both the natural environment and humans. It is those policies and procedures that are aimed at conserving the natural resources, preserving the current state of the natural environment and, where possible, reversing its degradation. Last Thursday, Earth Day was observed around the world. It was on this date in 1970 that 20 million Americans, led by Senator Gaylord Nelson, demonstrated in different U.S. cities to express concern about the absence of legislation and a regulatory framework to protect the environment. As a result, in December 1970, the U.S. Government established the Environmental Protection Agency with the responsibility for conducting environmental assessment, research and education to create and enforce standards and laws that promotes the health of individuals and the environment.

Guyana’s Environmental Protection Act

Guyana’s Environmental Protection Act 1996 provides for the management, conservation, protection and improvement of the environment, the prevention or control of pollution, the assessment of the impact of economic development, and the sustainable use of natural resources. The Act establishes an Environmental Protection Agency (EPA) whose main responsibility is to provide effective management of the natural environment for the protection and sustainable use of the natural environment. Key activities relate to environmental impact assessments, and the prevention and control of pollution. The EPA is governed by a Board comprising 7-11 persons, the majority of whom must have knowledge and experience in matters relating to the use of the natural environment, or environmental protection and conservation. The Agency’s main sources of financing are a combination of: (a) internally generated revenue from application and permit fees, and proceeds from the Wildlife Division; (b) Government subsidies; and (c) donor funding for special projects.

In order to execute its mandate, the EPA is organized into five Divisions: Biodiversity Management; Environmental Management Permitting; Environmental Management Compliance; Education, Information and Training; and Administration. Regulations that govern the work of the Agency include: (a) Species Protection Regulations 1999; (b) Environmental Protection (Water Quality) Regulations 2000; (c)  Environmental Protection (Hazardous Waste Management) Regulations 2000; (d) Environmental Protection (Noise) Regulations 2000; (e) Environmental Protection (Air Quality) Regulations 2000; (f) Environmental Protection (Authorisations) Regulations 2000; (g) Litter Prevention Regulations 2013; and (h) Wildlife Management and Conservation Regulations 2013.

Biodiversity Management Division

The Biodiversity Management Division focuses on four key areas, namely: (a) implementation of the Guyana Protected Areas System (GPAS) Project; (b) management of the local wildlife trade and issues relating thereto; (c) processing of biodiversity research applications; and (d) implementation of projects relating to the objectives of the Convention on Biological Diversity. The GPAS Project aims to conserve tropical forests through: supporting the development of a National Protected Areas System; establishing monitoring infrastructure in protected areas; and improving the livelihoods of Amerindian communities within/surrounding the protected areas.

The Division is also responsible for the processing of research applications and issuing permits to conduct research and to export biological specimens. It is also responsible for coordinating, executing and implementing projects and programmes relating to the implementation of the objectives of the Convention on Biological Diversity.

Environmental Management Permitting Division (EMPD)

The main responsibilities of the EMPD are in relation to the screening and processing of applications for Environmental Authorization for new projects as well as for renewals, including projects that require Environmental Management Permits (EMPs) and Environmental Impact Assessments (EIAs). Other responsibilities include:

(a)          Addressing complaints of operations requiring environmental authorizations;

(b)          Developing guidelines, standards and or regulations that support screening for environmental significance, setting of environmental bonds, standards and guidelines that support the authorization process, and regulating developmental activities;

(c)           Overseeing the Pollution Management Programme to regularise existing developments that may have significant environmental effects;

(d)          Establishing partnerships with the private sector to foster collaboration in environmental management;

(e)          Investigating and addressing environmental emergencies reported to the Agency;

(f)           Implementing Hazardous Wastes Management and Air Quality Regulations through environmental authorization and complaints management process, monitoring visits, collaboration with relevant sector agencies and private stakeholders, and developing and implementing the air quality and hazardous wastes management databases; and

(g)          Implementing the Water Quality Regulations through the processing of applications from projects that are directly related to water resources within Guyana, collaborating with sector agencies to ensure integrated management of Guyana’s water resources, and developing guidelines for the water quality management within various sectors.

Environmental Management Compliance Division (EMCD)

The EMCD works with industry associations, businesses, community organisations, ministries and other governmental organisations in developing standards and promoting good practices. This is done through four main pillars: support for compliance; monitoring compliance; enforcing the law; and encouraging higher performance. The EMCD promotes compliance by providing practical, constructive and authoritative advice on how to comply with the law and, where non-compliance is found, how to remedy it. It also uses advice, guidance and partnerships to ensure permit and non-permit holders understand what compliance is and how to identify and manage the associated risks.  Compliance advice may include referring people to applicable codes of practice, best practice management guidelines, protocols for environmental management, international standards or other relevant information.

The EMCD determines levels of compliance with current standards and laws. Its primary focus is on prevention and ensuring that incidents of non-compliance and their impact are avoided. When EMCD identifies or becomes aware of a problem or a risk, it seeks to resolve the problem or risk before it leads to an adverse impact on the environment. Monitoring compliance and investigating non-compliance is therefore a key role for EMCD.

The EMCD addresses non-compliance with the law and standards by requiring remedial action and, where appropriate, applying sanctions. It uses enforcement to address non-compliance, fix the problem and restore and ‘make good’ the harm caused by breaking the law. It may not always be possible to restore the environment to its previous state. However, the EMCD will require offenders to ‘make good’ by minimizing the extent of the damage or risks and taking all reasonable steps to remediate the impact. The first goal of enforcement is to stop non-compliance with the law and to prevent further harm. Sometimes remedying a breach is insufficient to deter lawbreakers. In such a situation, enforcement will include legal action, such as prosecution for serious breaches of the law. Punishing law breakers is an important and effective way of deterring people from breaching their environmental obligations.

To be continued –