This section of the toolkit deals with the environmental legislation relevant to each of the states considered in the regional information section. The relevant sections of the countries' environmental legislation can be accessed here, on a country-by-country basis.
Legislation State-by-State
A summary of relevant legal information is provided below. Link through to more detailed information if this is required. For each of the UK Overseas Territories, the Environmental Charter and its Annexes are also applicable.
Alderney
Anguilla
Ascension Island
Bermuda
British Antarctic Territory
Br. Indian Ocean Territory
British Virgin Islands
Cayman Islands
Cyprus SBA
Falkland Islands
Gibraltar
Isle of Man
Jersey
Marshall Islands
Montserrat
Pitcairn Islands
S Georgia & S Sandwich Is
Tonga
Turks & Caicos IsAlderney
- Green Belt Law 1935
- Protection of Wild Birds Ordinance 1949, amended 1962, 1965 and 1986
- Mauvaises Herbes Loi 1933 (Noxious Weeds Law), amended 2004
- Wild Plants Protection Order 1950
- Maintenance of Hedges, etc. Ordinance 1953
- Building & Development Control Law 1969 (as amended)
- UK Overseas Territories Environmental Charter
Anguilla
- Physical Planning Act of 2001
- Marine Parks Ordinance of 1982
- Access to Beaches Ordinance No. 2 of 1981
- The Beach Protection Ordinance No.1 of 1988
- The Wild Birds Protection Ordinance of 1913
- The Fisheries Protection Ordinance No. 4 of 1988
- UK Overseas Territories Environmental Charter
Strategies:
Bermuda
- The Bermuda National Parks Act 1986
- Protection of Birds Act 1975
- Development and Planning Act 1974
- Coral Reef Reserve Act 1966
- Fisheries Act 1972
- UK Overseas Territories Environmental Charter
Tree Preservation Orders fall under the Development and Planning Act, Section 27.
The CITES Convention is implemented through the Endangered Animals and Plants Act of 1976, as amended.
Species protection is provided for under the Protection of Birds Act, the Tree Preservation Orders and the Protected Species Order of 1978.
British Antarctic Territory
- Environmental Protocol to the Antarctic Treaty 1991
- Antarctic Act 1994
- Antarctic Regulations (as amended) 1995
This section will have a short summary of the relevant information from the above legislation, linking to the complete text
British Indian Ocean Territory
- The Protection and Preservation of Wild Life Ordinance 1970 (Ordinance No. 1 of 1970)
- The Wild Life Protection Regulations 1984
- Fishery Limits Ordinance
- The Diego Garcia Conservation (Restricted Area) Ordinance 1994 (Ordinance No. 6 of 1994).
- UK Overseas Territories Environmental Charter
British Virgin Islands
- The National Parks Ordinance No. 29, 1961, as amended No. 3, 1978
- The Marine Parks and Protected Areas Ordinance No. 8, 1979
- The Protection of Trees and Conservation of Soil Ordinance (Cap. 86)
- The Wild Birds Protection Ordinance (Cap. 98, 1959), as amended (1980),
- Protected Areas and Wildlife Act, 1987
- Coastal Conservation and Management Act, 1991
- The Fisheries Ordinance No. 18 1979
- The Beach Protection Ordinance 1985
- The Bird Sanctuary (Flamingo Pond, Anegada) Order 1977
- UK Overseas Territories Environmental Charter
Cayman Islands
- Marine Conservation Law 1978 (revised 1995)
- Marine Conservation (Marine Parks) Regulations
- Marine Conservation (Marine Parks) (Amendment) Regulations 1986
- Marine Conservation (Marine Parks) (Amendment) Regulations 1988
- Animals Law No. 8, 1976 (Grand Cayman);
- Animals (Sanctuaries) Regulations, 1980 (Cayman Brac);
- Animals (Sanctuaries) Regulations, 1982 (Little Cayman).
- UK Overseas Territories Environmental Charter
Falkland Islands
- The Wild Animals and Birds Protection Ordinance 1964
- Seal Fishery Ordinance 1921 and Seal Fishery (Amendment) Ordinance 1951
- The Whale Fishery Ordinance 1936 and Whale Fishery Amendment Ordinance 1964 (now replaced by the 1992 Sea Mammals Protection Bill)
- The Control of Kelp Ordinance 1970
- UK Overseas Territories Environmental Charter
Gibraltar
- Nature Protection Ordinance 1991
- Town Planning (Environmental Impact Assessment) Regulations 2000
- UK Overseas Territories Environmental Charter
Guernsey
- Island Development (Guernsey) Laws, 1966-1990
- Ancient Monuments and Protected Buildings (Guernsey) Law, 1967
- Building (Guernsey) Law, 1956
- The Land Planning & Development (Guernsey) Law, 2005
- Land Planning and Development (Environmental Impact Assessment) Ordinance 2006 (draft)
Isle of Man
Jersey (Bailiwick of)
- Jersey Law 28/1964: Island Planning (Jersey) Law, 1964.
- Jersey Law 6/2000: The Conservation of Wildlife (Jersey) Law 2000
- Island Planning (Designation of Sites of Special Interest) (Jersey) Orders
- Island Planning (Designation of Sites of Special Interest) (Jersey) Orders
- Island Planning (Exempt Operations) (Jersey) Orders
- Biodiversity: a strategy for Jersey
- UK Overseas Territories Environmental Charter
Marshall Islands
Montserrat
- Forestry and Wildlife Ordinance 1987 (reviewed 2000, 2006)
- Fisheries Act (DATE?)
- Turtles Ordinance Cap. 112 1951.
- UK Overseas Territories Environmental Charter
Pitcairn Islands
- The Fisheries Zone Ordinance
- Local Government Regulations 1971 (Part IV)
- UK Overseas Territories Environmental Charter
Saint Helena
- Endangered Endemic and Indigenous Species Protection Ordinance, 1996 [not available online]
- Endangered Endemic and Indigenous Species Protection Order 1996
- Bird protection ordinance, 1996 [not available online]
- Forestry Ordinance No. 9, amended No. 2, 1985 (now updated??)
- The Forestry and Indigenous Trees and Plants Preservation Rules 1959
- UK Overseas Territories Environmental Charter
Strategies
- Sustainable Environment and Development Strategy [not available online]
Ascension-specific legislation
- Green Mountain (Natural Resources) Protection Ordinance No. 14 1955
- Ascension Land Ordinance, 1967
- Wild Life (Protection) (Ascension) Ordinance Cap 129 1944
- Wild Life (Protection) (Ascension) Regulations 1967
- Endangered Species Control Ordinance 1976
- UK Overseas Territories Environmental Charter
- Conservation Management Plan?
Tristan da Cunha-specific legislation
The Conservation Ordinance can be downloaded in Word format (195 Kb) or opened in html format
S Georgia & S Sandwich Islands
- Falkland Islands Dependencies Conservation Ordinance 1975
- UK Overseas Territories Environmental Charter
Tonga
Turks & Caicos
- The National Parks Ordinance 1992
- Wild Birds Protection Ordinance 1990
- Fisheries Protection Ordinance 1941
- UK Overseas Territories Environmental Charter
Environmental Charter
The Environmental Charter is applicable to all of the UKOTs. The Charter and its Commitments, signed by both the UK government and the respective UKOT governments lays down a requirement for the use of EIA, although a requirement for the consideration of biodiversity is not explicitly mentioned. Guidelines for the production of appropriate assessment are also not set out, the Charter merely restricting Territories to the use of the 'precautionary approach' (Principle 15, below). A review of the relevant principles of the Environmental Charter is set out below, with corresponding sections of the Environmental Commitments.
Principles of the Rio Declaration (as set out in Annex 2 of the Environment Charter)
- Principle 2: States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
- Principle 3: The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations
- Principle 4: In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it
- Principle 10: Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.
- Principle 15: In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
- Principle 17: Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority.
Environment Charter (commitments)
The Government ... will ...
- (2) Ensure the protection and restoration of key habitats, species and landscape features through legislation and appropriate management structures and mechanisms, including a protected areas policy, and attempt the control and eradication of invasive species
- (3) Ensure that environmental considerations are integrated within social and economic planning processes; promote sustainable patterns of production and consumption within the territory
- (4) Ensure that environmental impact assessments are undertaken before approving major projects and while developing our growth management strategy
- (5) Commit to open and consultative decision-making on developments and plans which may affect the environment; ensure that environmental impact assessments include consultation with stakeholders
- (6) Implement effectively obligations under he Multilateral Environmental Agreements already extended to Anguilla and work towards the extension of other relevant agreements
- (7) Review the range, quality and availability of baseline data for natural resources and biodiversity
- (11) Abide by the principles set out in the Rio Declaration on Environment and Development ... and work towards meeting International Development Targets on the environment