Tag: Environment Protection Agency

Tourism ministry seizes environment regulatory powers

The parliament has granted powers to the tourism ministry to authorise developments on resorts in a move critics say will weaken the environment protection regime, and pave the way for corruption.

Amendments to the tourism law passed today transfers to the tourism ministry the Environment Protection Agency’s (EPA) powers to evaluate environmental impact assessments (EIAs) and authorise projects such as land reclamation. The agency functions as an independent body under the environment ministry.

Voting on the bill submitted by government-aligned MP Mohamed Ismail took place amid continuing protests by opposition Maldivian Democratic Party (MDP) MPs.

It was passed with 41 votes in favour after Speaker Abdulla Maseeh Mohamed asked for a show of hands.

If the amendments are ratified, resorts will have to seek authorisation from the tourism ministry for any development that could “permanently alter” the island, plot of land, or lagoon’s environment. The ministry must evaluate an EIA report before issuing permission.

EPA permanent secretary Ajwad Musthafa told the economic affairs committee during its review of the legislation last week that “the independent checks and balances system will be lost” if the regulatory powers are transferred to the tourism ministry.

The move amounts to allowing the tourism ministry to “self-regulate,” he contended.

The EIA process is the “main instrument” of the environment protection regime and adheres to international best practices, he said, noting that the reports are prepared by independent and qualified consultants.

Ajwad also objected to transferring technical experts to the tourism ministry as the agency’s “institutional capacity” was built up over a long period.

EPA director Miruza Mohamed meanwhile warned that the move could reduce funding from international donors.

However, the ruling party says “making the services available under one roof would ease the burden on investors, speed up services, and improve investor confidence.”

The involvement of other ministries and institutions in regulating resorts hinders the tourism ministry and “lowers investor confidence”.

The new provisions state that “only the tourism ministry will have the authority” to conduct assessments and authorise development projects.

The tourism ministry will also have the power to impose fines not exceeding US$5 million for violations.

Transparency and accountability

Environmental NGO Ecocare warned that the move conflicts with the environment protection law – which requires the EPA to evaluate assessments – and could “pave the way for corruption”.

“Under this particular scenario we also feel that when EPA assess and evaluates EIA reports, it is a more transparent practice than leaving this to the Tourism Ministry, who carry out the evaluation and awarding of bids for tourist resorts,” Ecocare said in a press release today.

The current system put in place by the Environment Protection and Preservation Act includes checks and balances and assures transparency and accountability, Maeed Mohamed Zahir from Ecocare told Minivan News today.

With the changes to the law, an unscrupulous official at the tourism ministry can grant approval “regardless of the effect on the environment,” he said.

Opposition Maldivian Democratic Party (MDP) MP Fayyaz Ismail said at the committee last week that the tourism ministry presently “discriminates” in issuing and suspending operating licenses to resorts.

Fayyaz warned that officials could misuse the authority to approve development projects on resorts and selectively impose fines at whim.

MP Ali Fazad, a ruling Progressive Party of Maldives MP, also expressed concern with the amendments conflicting with the existing environment law as “two laws would have two [provisions] for the same thing”.

However, all ruling coalition MPs on the committee voted in favour of the bill and forwarded it to the parliament floor.

The law also introduces a new scheme to allow the extension of resort leases to 99 years for a lump sum payment of US$5 million.

The changes aim to incentivise investors, make it easier to obtain financing from international institutions, and increase revenue for the government.

To be eligible for a lease extension, a resort property must be operational with an existing lease period of 50 years and must not owe money to the government.

Under the current Tourism Act, the maximum lease period for resorts or hotels is 50 years. However, the constitution allows leases up to 99 years.

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Environment agency head demoted

Senior officials of the state environment regulator have been transferred in an apparent demotion.

Environment Protection Agency (EPA) director general Ibrahim Naeem was transferred to the Baa atoll biosphere reserve office while director Mohamed Musthafa was transferred to the water and sanitation department of the environment ministry.

The EPA functions under the ministry of environment and energy.

The move follows a government-aligned MP submitting amendments to the tourism law to transfer powers to authorise developments on resorts from the EPA to the tourism ministry.

If the amendments pass, resorts will have to seek authorisation from the tourism ministry for any development on a resort that could “permanently alter” the island, plot of land, or lagoon’s environment. The ministry must compile an environmental impact assessment before issuing permission.

The EPA currently conducts assessments and authorises projects such as land reclamation.

Following preliminary debate at yesterday’s sitting of parliament, the amendment bill was accepted for consideration and sent to committee for further review.

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Development and environment protection should go together, says President Yameen

Economic development and protection of the environment should go in tandem to ensure sustainable development, President Abdulla Yameen has said.

In a message on the occasion of World Environment Day, President Yameen said the Maldives’ environment and ecosystems have been adversely affected by some development efforts.

“Therefore, we have to pay more attention to this. And we have to ensure that development and protection and sustenance of the environment go together. That is how sustainable development can be achieved,” he said.

“Doubtless the development that all our citizens want is intertwined with this.”

The current administration has come under fire from local environmental groups following environmental damage caused by a US$37 million four-island reclamation project carried out by Royal Boskalis Westminster.

The Netherlands-based maritime infrastructure company was accused of mining sand from the country’s only UNESCO biosphere reserve in Baa Atoll as well as failing to build a barrier to prevent excess dredge soil from spilling onto the reef in Baa Atoll Eydhaushi Island.

In the two islands where reclamation was completed, houses and vegetation on the shorelines were also covered in fine mixture of sand and salt due to the use of the “rainbow technique” which propels soil into the air.

Climate change

President Yameen meanwhile referred to the findings of the second working group of the Intergovernmental Panel on Climate Change (IPCC) and called for timely action to address climate change.

“The quantity and quality of water resources are being affected. Climate ‎change is negatively impacting crop yields as well. Impacts from recent climate-‎related extremes reveal significant vulnerabilities and expose some ecosystems ‎and many human systems to current climate vulnerability,” Yameen said.

“At the forefront of ‎those facing the effects of climate change are communities living in the world’s ‎low-lying regions and small island states.”

Referring to the theme of this year’s Environment Day – “Raise Your ‎Voice, Not the Sea Level” – President Yameen welcomed the special focus ‎which will be afforded to small island nation states such as the Maldives.

The president noted that the United Nations has designated 2014 as the ‎International Year of Small Island Developing States (SIDs). ‎

Yameen also paid tribute to the climate change advocacy efforts of of former President Maumoon Abdul Gayoom, who he said brought the threats posed by sea level rise to global attention in the late 1980s.

Foreign Minister Dunya Maumoon also emphasised the need to take concrete action to avert climate catastrophe.

A Foreign Ministry press release today said that the minister expressed hope that key international conferences this year would successfully take into account the vulnerability of SIDs.

The Third International Conference on Small Island Developing States will be held in Samoa in September, while the negotiations of a new climate treaty at the Meetings of States Parties of the UNFCCC will also take place in 2014, detailed the release.

The press statement noted that the IPCC’s latest report has “proven that climate change is neither just an environmental issue nor a scientific thesis, but is of a question of the survival of each and every nation around the planet, irrespective of its size.”

“The minister also reiterated that the Maldives continues to be in the front line while refusing to remain a victim, and have been an agent of change in addressing environmental issues,” it added.

“The Maldives is currently in the process of developing a low carbon development strategy which paints a promising picture not only for the nation but the world. Internationally, the Maldives has led efforts to emphasise the links between human rights and climate change, as well as the plight of small states.”

In his message, Environment Minister Thoriq Ibrahim meanwhile noted that 23 percent of the Maldives’ GDP was spent on importing fossil fuels and stressed the importance of developing sources of renewable energy.

The Environment Ministry commenced its programme to mark the World Environment Day with a tree planting event in front of the Male’ Sports Complex.

Other events planned by the ministry include the publication of reports for energy saving in schools, a photography exhibition, a film festival, and a clean up event in Malé.

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Meedhoo dredging halted for noncompliance with environment regulations

The Environment Protection Agency (EPA) has stopped dredging in Meedhoo, Dhaalu atoll, after the recently started project failed to take measures to protect its environmental impact.

Director General of the agency Ibrahim Naeem told Minivan News that the project was approved by the agency after completing an Environment Impact Assessment (EIA), but that the dredging was carried out against the conditions under which it was approved.

The US$10.8 million government project to have 17.5 hectors of land reclaimed and a 485 metre revetment constructed in Meedhoo is being implemented by Netherlands’ Boskalis International.

It was inaugurated last week by President Abdulla Yameen and is expected to be completed within eighteen months of commencement.

Minister Dr Mohamed Muiz had told local news agency Sun today that the dredging had been halted in order for the vessel to be brought to Malé to repair a pump.

Acknowledging that dirt was sprayed on to the island while dredging, he said that safety measures will be taken in the future.

Minivan News was unable to obtain a response from the Ministry of Housing regarding the issue at the time of press.

According to the EPA, one of the main issues leading to the project’s halting was the failure to build a ‘bund wall’ to contain the excess dredge spoil from spilling into the ocean. Another key issue was using the rainbowing technique – the propulsion of materials through the air in a high arc – instead of using pipelines to take the the sand closer to the land.

“If it is required, action will be taken as per regulations,” Naeem explained.

Local environmental NGO Ecocare which – also looking in to the issue – said the organisation is currently communicating with head office of the Royal Boskalis Westminster in the Netherlands,  who are also “concerned and very much alarmed about the situation”.

“As soon as we got information from the island we informed the authorities and we are communicating with Boskalis as well. It is very sad that such an incident happened,” said Maeed M. Zahir of Ecocare.

“Boskalis has a reputation for implementing their projects in a sustainable and environment friendly manner and follow international standards. They are also investigating the incident,” he added.

He said from the reports and pictures from the area, the failure to take mitigation measures had resulted in a negative impact on the island.

“The whole shoreline vegetation is covered in sea water and sand. It is all white now. In addition to this, trees inland have also been affected by this. Leaves are falling off many trees,” Maeed explained, noting that  people living there have also been directly affected by the incident.

According to Ecocare, rainbowing has left “fine sediments ‘raining’ on rooftops and on the vegetation cover near shore and inland”.

A statement issued today by the NGO said that layers of sedimentation found on some rooftops were 2-3 inches thick, large trees on the shoreline and inland had also been affected and are now drying and dying.

“The implications to the environment are frightening while property both public and private are at risk,” the statement added.

Applauding the swift action taken by the EPA concerning the issue, Maeed expressed concern that such an incident had happened on a government project.

“It is very important for them to monitor such projects even if it has been handed over to a private company,” he said.

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Former fisheries minister faces corruption charges over lease of Thun’bafushi to Champa Moosa

The Anti-Corruption Commission (ACC) has asked the Prosecutor General’s Office (PGO) to press corruption charges against former Fisheries and Agriculture Minister Abdulla Kamalludheen for alleged abuse of power to unduly benefit a third party.

The ACC said in a press statement on Wednesday (October 2) that Kamalludheen renewed the lease for Kaafu Thun’bafushi in November 2006 despite multiple violations of the agreement by the leaseholder – business magnate ‘Champa’ Mohamed Moosa.

Based on documents from the fisheries ministry and the former minister’s testimony, the ACC found that Kamalludheen was aware that dredging, construction of a seawall, and reclamation work was done in Thun’bafushi without either conducting an Environment Impact Assessment (EIA) or seeking authorisation from the government.

Moreover, the island was used without a lease agreement from August 2004 to November 2006, the ACC noted, after the agreement expired.

The initial agreement signed in August 1999 authorised the government to reclaim the island with 15 day’s notice if any clauses were violated.

The ACC found that Kamalludheen informed the President’s Office in 2004 that the ministry did not invoke the clause to terminate the agreement as the illegal actions could not be undone.

The former fisheries minister told ACC investigators that, as senior officials and staff from the ministry frequently visited the island, “it cannot be said that the work carried out in Thun’bafushi was done without the ministry’s knowledge”.

While Kamalludheen claimed that the decision to renew the lease was made following consultation with the President’s Office, the ACC contended that the minister had to bear responsibility for “losses to the state” due to his culpability or negligence.

Abdulla Kamalludheen served as fisheries minister and home minister in the cabinet of former President Maumoon Abdul Gayoom. He is currently a senior member of the Jumhooree Party (JP) and was involved in campaigning for JP presidential candidate, business tycoon Gasim Ibrahim.

“Environmental criminal”

In June 2011, the Environment Protection Agency (EPA) labelled Champa Moosa “an environmental criminal” and fined him the maximum penalty of MVR100 million (US$6.5 million) for irreversibly damaging the marine ecosystem around Thun’bafushi.

“This was originally a reef ecosystem with a small sand bank in the middle, but he has been dredging the island without any clearance and the changes are now irreversible,” EPA Director Ibrahim Naeem told Minivan News at the time.

After three surveys of the area, the EPA had assessed the damage as amounting to MVR2.2 billion (US$144.6 million), not including the impact of sedimentation from the dredging which can smother coral kilometres from the site.

A foreign consultant who was involved in surveying the island told Minivan News that the area “seems to have been used as a dumping ground.”

“There were what looked like hundreds of used car batteries, waste metals and oil drums leeching into the marine environment,” the consultant said.

Fine overturned

In November 2011, the Civil Court overturned the EPA’s MVR100 million fine on the grounds that the administrative action was not “lawful, procedurally fair, and expeditious” as required by article 43 of the constitution.

The judge ruled that the EPA had not given Champa Moosa adequate opportunities to respond to the allegations, which made the administrative procedure “unfair.”

Naeem however insisted that the EPA had given all necessary documents to Champa and that he had been given “more than enough time to prepare his appeal.”

Several days after Champa was issued the fine in June 2011, the then-Director General of the EPA Mohamed Zuhair suddenly resigned from the post, publicly stating on DhiTV – a private broadcaster owned by Champa – that his departure was due to “political interference” in the EPA’s fining of the tycoon.

Environment Minister Mohamed Aslam however claimed that Zuhair had decided to take a voluntary redundancy package three weeks before his sudden departure, which rendered him ineligible for the lump sum pay out.

“This is Champa building his court case by attempting to question the independence of the EPA,” Aslam alleged at the time, noting that as the EPA’s Director General, Zuhair’s signature was on all the correspondence with Champa, including the notice informing him of the fine.

Champa Mohamed Moosa with former President Gayoom
Champa Mohamed Moosa with former President Gayoom

Naeem meanwhile expressed surprise at Zuhair’s DhiTV appearance, noting that “[Zuhair] was the guy who signed the letter [fining Champa]. Why would he have done so if he was not happy about it?”

Zuhair’s sudden resignation following the fining meant he had forfeited his entitlement to the redundancy package he had applied for, Aslam noted.

“Thun’bafushi has been an issue long before we took office,” Aslam said, explaining that the previous administration had initially rented the island to Champa for MVR100 a year (US$6.40) under an agreement that stipulated that he “not do anything detrimental to the environment – he was allowed to grow trees and monitor the shifting of the islands. He was not allowed to reclaim or extend the island.”

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Stranded cargo vessel causes MVR 61 million worth of damage to reef

The cargo vessel stranded off the coast of Male’ last week (January 7) caused MVR 61 million (US$3.9 million) worth of damage to the reef, local media has reported.

An assessment conducted by the Environment Protection Agency (EPA) showed that the 210 metre long and 30 metre wide boat had caused damage to the reef, Chairman of Transport Authority Abdul Rasheed Nafiz told local media.

According to Nafiz, discussions between the two parties are to be held during the next three days before a fine can be imposed.

The Liberian 27,000-ton boat named Auguste Schulte became stranded in shallow water when it attempted to make a turn, local media reported.

It was eventually refloated after three hours using two tug boats and through the assistance of the Maldives National Defence Force (MNDF).

The Transport Authority earlier stated that the government could impose a fine of MVR 85,000 (US$ 5,508) per square metre of damage caused to the reef.

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Male’ lagoon polluted by oil spill

Oil has spilled into a lagoon on the north-east side of Male’, contaminating water in the area.

It is believed that the oil came from the area near the foreign ministry building, and has now spread into the sea.

Complaints have been filed with the Environment Protection Agency (EPA) requesting them to clean up the spill.

Deputy Director of the EPA Mohamed Ibrahim said their team visited the site to assess the damage following calls about the incident this morning.

“We think some people spilled the oil on purpose. We are very saddened that people can do such irresponsible things,” he said.

Ibrahim added that the relevant authorities have been requested to clean up the oil.

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EPA to seek legal advice over fining STELCO

The Environment Protection Agency (EPA) will seek legal advice from the Attorney General over fining the State Electricity Company (STELCO) for environmental damages.

On March 30 an STELCO oil pipe buried under Male’s ring road Boduthakurufaanumagu burst, leaking large quantities of oil into the track swimming area, frequented by school children and the public.

Following the accident with the oil pipe, the EPA discovered 4.4ml of oil in the swimming area in its thrice-weekly inspections.

EPA Director Ibrahim Naeem told MNBC One that the agency has decided to fine STELCO as the company was responsible for the damage. However he did not reveal the amount of fines to be levied.

In February this year, the EPA fined STELCO Rf400,000 (US$25,900) after large quantities of oil kept in barrels in the Gaakoshi plot in Male’ seeped into the ground.

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