Environmental Protection Ordinance, 2016

ST HELENA REVISED EDITION OF THE LAWS, 2017 ENVIRONMENT AND NATURAL RESOURCES ENVIRONMENTAL PROTECTION ORDINANCE, 20161 Ordinance 1 of 2016 In force 29 February 2016, except section 119(1)(b) (repeal of Spear Guns Control Ordnance, 2014) Amended by Ordinance 14 of 2016; L.N. 5/2016 and Ordinance 14 of 2021 Existing subsidiary legislation saved by section 119(5): SPEAR GUNS CONTROL ORDER, 2014 Legal Notice 23 of 2013 Currently under the Spear Guns Control Ordinance, 2014 No new subsidiary legislation to 1 November 2017 But see the MANAGEMENT PLAN FOR A MARINE PROTECTED AREA, 2016 issued under section 31(7) and published in Extraordinary Gazette No. 91 of 2016, dated 16th September 2016 ___________________ ENVIRONMENTAL PROTECTION ORDINANCE, 2016 ARRANGEMENT OF SECTIONS PART 1 PRELIMINARY 1. Citation and commencement 2. Interpretation 3. Application PART 2 OBJECTIVES, PRINCIPLES AND GENERAL DUTY 4. Objectives 5. Principles 6. General duty regarding environment PART 3 ADMINISTRATION 1 Under section 10 of the Revised Edition of the Laws Ordinance, 1999 this text is authoritative and is the sole authentic edition in respect of the law contained in it as at 11 October 2021. 2 7. Environmental Officers 8. Functions of Chief Environmental Officer 9. Advice by Chief Environmental Officer 10. Appeals PART 4 GENERAL MEASURES FOR ENVIRONMENTAL MANAGEMENT 11. Regulations 12. Codes of practice 13. Approved codes of practice 14. Management agreements 15. Environmental monitoring 16. Reporting PART 5 MULTILATERAL ENVIRONMENTAL AGREEMENTS 17. Incorporation of international obligations into national law PART 6 CONSERVATION OF BIODIVERSITY 18. General duties and functions in relation to conservation of biodiversity 19. Protection of biodiversity Protected species 20. Prohibitions relating to protected animals 21. Prohibitions relating to protected plants New species and invasive or potentially invasive species 22. Introduction, etc. of non-native species 23. Sale, etc. of non-native species 24. Discovery of new species Licences 25. Licences 26. Licences for scientific, research or educational purposes 27. Licences for recreational or commercial purposes Defences 28. Defences PART 7 NATIONAL CONSERVATION AREAS 29. Omitted 30. Marine protected areas 31. Management plans 32. Review, amendment and revocation of management plans 3 33. Enforcement 34. Regulations PART 8 TRADE IN ENDANGERED SPECIES Preliminary 35. Interpretation of this Part 36. Definitions of “artificially propagated” and “bred in captivity” CITES Appendices 37. Application of Appendix 1, Appendix 2 and Appendix 3 38. Certain Appendix 1 specimens deemed to be Appendix 2 specimens Management Authority and Scientific Authorities 39. Management Authority 40. Powers and functions of Management Authority 41. Scientific Authorities 42. Powers and functions of Scientific Authorities Import, export and re-export of specimens 43. Import of Appendix 1 or Appendix 2 specimens 44. Import of Appendix 3 specimens 45. Export or re-export of Appendix 1, 2 or 3 specimens 46. Exemptions 47. Pre-Convention specimens Permits, certificates and licences 48. Requirement for a commercial licence 49. Applications for, and grants of, any permit, certificate or licence 50. General conditions for grant of permits and certificates relating to Appendix 1 and Appendix 2 specimens 51. Additional conditions relating to Appendix 1 specimens 52. Additional conditions relating to Appendix 2 specimens 53. Conditions relating to Appendix 3 specimens 54. Other conditions 55. Invalid permits and certificates 56. Duration of permits, certificates and licences 57. Alteration etc. of permits, certificates or licences 58. Breach of conditions 59. Revocation of any permit, certificate or licence 60. Replacement certificates, permits and licences Other 61. Specimens only to enter or exit from approved places 62. Possession, sale, purchase and transport of specimens PART 9 POLLUTION CONTROL AND HAZARDOUS SUBSTANCES 4 63. General duties and functions in relation to pollution and hazardous substances 64. Pollution and hazardous substances control regulations 65. Designated pollutants 66. Pollution control permits 67. Pollution charges 68. Unlawful pollution 69. Hazardous substances 70. Powers to obtain information about potentially hazardous substances 71. Spills and accidental releases 72. Pollution from construction or mechanical plant, equipment and machinery 73. Liability for historical pollution 74. Data, planning and research PART 10 LITTER 75. Interpretation of this Part 76. Penalty for leaving litter 77. Powers to control street litter 78. Provision and maintenance of litter bins PART 11 WASTE 79. Definition of waste 80. General duties and functions in relation to waste 81. Penalty for unlawful deposit of waste 82. Powers to require removal of waste unlawfully deposited 83. Waste management 84. Transboundary movement of wastes and hazardous substances 85. Regulations PART 12 CONTROL AND ENFORCEMENT 86. Enforcement officers 87. Powers of entry, search and seizure 88. Powers to search, inspect and seize objects 89. Powers to inspect and seize specimens 90. Power to stop, detain, board and search vehicles, vessels and aircraft 91. Forfeiture to Government 92. Dealing with forfeited specimens 93. Sampling and testing 94. False statements, documents, etc. 95. Person must not hinder etc. officer 96. Offence to alter etc. marking PART 13 ENVIRONMENTAL PROTECTION NOTICES 5 97. Power to serve environmental protection notices 98. Emergency environmental protection notices 99. Content of environmental protection notices 100. Offences in relation to environmental protection notices 101. Miscellaneous provisions as to environmental protection notices PART 14 GENERAL PROVISIONS AS TO NOTICES 102. Application of this Part 103. Appeals against notices 104. Service of notices 105. Coming into effect of notices 106. Failure to comply with a notice 107. Information as to compliance with notices 108. Information to be given PART 15 OFFENCES AND LIABILITY 109. Offences 110. Liability for loss, damage and costs PART 16 JURISDICTION, EVIDENCE AND PROCEDURE 111. Scientific evidence 112. Private party actions 113. Liability of corporate bodies 114. Reservation of civil remedies 115. Penalties under the Ordinance not substituted for others 116. Acts done in good faith PART 17 MISCELLANEOUS 117. Service of documents other than notices 118. Application to Crown PART 18 REPEALS AND TRANSITIONAL PROVISIONS 119. Repeals, savings, consequential amendments and transitional provisions Schedule 1: Multilateral Environmental Agreements extended to St Helena Schedule 2: Protected animals and plants AN ORDINANCE to make new provision for the protection of the environment, including the conservation of biodiversity, the regulation of trade in endangered species and the control of pollution, hazardous substances, litter and waste; and for connected and incidental matters. 6 PART 1 PRELIMINARY Citation and commencement 1. (1) This Ordinance may be cited as the Environmental Protection Ordinance, 2016, and comes into force on a date the Governor appoints by Order. (2) An Order under subsection (1) may contain any transitional or consequential provisions that appear to the Governor to be necessary or convenient. Interpretation 2. (1) In this Ordinance, unless the context otherwise requires— “animal” includes birds, reptiles, fish and every kind of vertebrate and invertebrate animal; “applicant” means a person applying for a licence, permit or certificate under this Ordinance; “approved code of practice” means a code of practice approved by the Governor in Council under section 13(1); “environmental protection notice” means a notice issued under section 97; “emergency environmental protection notice” means a notice issued under section 98; “Management Authority” means the person or body appointed as such under section 39; “management plan” means a management plan adopted under section 31; “marine protected area” means a marine protected area designated under section 30. “national conservation area” means an area designated as such under Part 7; “public authority” includes any person exercising a public function; “public place” means any place, on land, in water or in the sea, which is open to the air to which the public are entitled or permitted to have access (and “open to the air” includes any covered place open to the air on at least one side); “re-export” means the act of taking an item, including any animal, plant, hazardous substance, waste matter or specimen, that was imported out of St Helena, but does not include transit or transhipment; “sale” includes offer or expose for sale, hire, barter or exchange, and “sell” has a corresponding meaning; “sea” includes any part of marine waters to which this Ordinance applies; “sewer” means any pipe, drain, culvert (whether open or closed), tunnel or other means of conveying liquid waste or surface runoff; “species” means a species, sub-species or a geographically separate population of a species or sub-species and means any type of animal or plant; “specimen” means— (a) any animal or plant, whether alive or dead of a species listed in Appendix 1, 2 or 3; (b) in the case of an animal— (i) of a species listed in Appendix 1 or 2, any readily recognisable part or derivative of the animal, and (ii) of a species listed in Appendix 3, any readily recognisable part or derivative of the animal specified in that Appendix in relation to that species; and (c) in the case of a plant— (i) of a species listed in Appendix 1, any readily recognisable part or derivative of the plant, and 7 (ii) of a species listed in Appendix 2 or 3, any readily recognisable part or derivative of the plant specified in that Appendix in relation to that species; “street litter control notice” means a notice issued under section 77; “substance” means any natural or artificial substance, whether in solid, semi-solid or liquid form or in the form of a gas or vapour, and includes electricity and heat; “trade” means to export, re-export, import or introduce from the sea whether or not for commercial purposes; “transhipment” has the meaning in given to that term by subsection (5); “transit” has the meaning in given to that term by subsection (5); “warden” means any person appointed as warden in accordance with section 86(2); “waste” means any substance or object which the holder discards or intends or is required to discard; and for the purposes of this definition— (a) “holder” means the producer of the waste or the person who is in possession of it; (b) “producer” means any person whose activities produce waste or any person who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste. (2) In this Ordinance, “release” means release of a substance into any environmental medium whenever it is released directly into that medium, whether it is released into it within or outside St Helena and includes— (a) in relation to air, any emission of the substance into the air; (b) in relation to water, any entry (including any discharge) of the substance into water; (c) in relation to land, any deposit, keeping or disposal of the substance in or on land; and for this purpose “water” and “land” are to be construed in accordance with subsections (3) and (4). (3) For the purpose of determining into what medium a substance is released— (a) any release into— (i) the sea or the surface of the seabed; (ii) any river, watercourse, lake or pond (whether natural or artificial or above or below ground) or reservoir or the surface of the riverbed or of other land supporting such waters; or (iii) ground waters, is a release into water; (b) any release into— (i) land covered by water falling outside paragraph (a) above or the water covering such land; or (ii) the land beneath the surface of the seabed or of other land supporting waters falling within paragraph (a)(ii) above, is a release into land; and (c) any release into a sewer is to be treated as a release into water, except that a sewer and its contents are to be disregarded in determining whether there is pollution of the environment at any time. (4) In subsection (3) above “ground waters” means any waters contained in underground strata, or in— (a) a well, borehole or similar work sunk into underground strata, including any adit or passage constructed in connection with the well, borehole or work for facilitating the collection of water in the well, borehole or work; or 8 (b) any excavation into underground strata where the level of water in the excavation depends wholly or mainly on water entering it from the strata. (5) In this Ordinance, an item is in transit or being transhipped if— (a) it is being transported between two countries or territories other than St Helena; (b) it is being transported to a named consignee; (c) any interruption of the item’s movement between those countries or territories arises only from the arrangements necessitated by transfer or transhipment; (d) any transit and any movement within the jurisdiction of St Helena is in accordance with the laws in relation to customs and excise. Application 3. This Ordinance applies to St Helena and extends to 200 nautical miles from the baselines as established by Articles 3 and 4 of the St Helena and Dependencies (Territorial Sea) Order 1989. PART 2 OBJECTIVES, PRINCIPLES AND GENERAL DUTY Objectives 4. The objectives of this Ordinance are to preserve and sustain the natural environment of St Helena, including by— (a) protecting and conserving biodiversity and the habitats, ecosystems and ecological systems that support biodiversity; (b) preventing, minimising or mitigating pollution, waste and littering; (c) minimising the risks to the environment from the introduction of potentially harmful materials or organisms; and (d) conserving and enhancing natural beauty and geological or physiographical features of special interest. Principles 5. When performing any function which may affect or influence the achievement of the objectives of this Ordinance, a public authority must have regard to and, as far as is reasonably practicable and proportionate, apply the following principles— (a) the precautionary principle, by which if there are reasonable grounds for concern that any activity may cause harm to the environment, preventive measures should be taken in anticipation of the risk, whether or not there is conclusive evidence of a causal relationship between that activity and such harm; (b) the best available techniques principle, by which the best techniques that are for the time being available and the best environmental practices that are for the time being recognised should be used in relation to any particular environmental management process, activity or measure; (c) the polluter pays principle, by which the costs of preventing, controlling, reducing and eliminating environmental harm that may be caused or is caused by a particular activity should be borne by the persons who cause or knowingly permit it; and 9 (d) the principle of inter-generational equity, by which the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations. General duty regarding environment 6. (1) Without prejudice to the performance of any function required or authorised under any other enactment, it is the duty of any public authority in St Helena, when preparing any policy, plan or programme, the implementation of which may cause or lead to the causing of significant environmental effects, to have regard to the objectives in section 4 and the principles in section 5. (2) A public authority must also seek to integrate long-term and short-term environmental considerations into its decision-making processes, having regard to the objectives in section 4 and the principles in section 5. PART 3 ADMINISTRATION Environmental Officers 7. (1) The Governor must appoint a Chief Environmental Officer and may appoint any other Environmental Officers that are necessary or desirable for the administration of this Ordinance. (2) Subject to this Ordinance, the Chief Environmental Officer is responsible for the administration and operation of the processes of environmental protection, management and control for which this Ordinance provides. (3) The Chief Environmental Officer may delegate any of his or her powers and duties under this Ordinance to any other Environmental Officer. (4) The Chief Environmental Officer and any other Environmental Officer has the powers conferred on, and must perform the duties required of, such an officer by this Ordinance or any other law. Functions of Chief Environmental Officer 8. (1) Subject to this Ordinance, the Chief Environmental Officer may take all measures and carry out all functions that are necessary or expedient for the purposes of implementing and attaining the objectives of this Ordinance. (2) In particular, and without limiting subsection (1) or the specific functions of the Chief Environmental Officer prescribed elsewhere in this Ordinance, the measures and functions referred to in subsection (1) may include any of the following matters, namely— (a) co-ordination of actions by public authorities— (i) under or pursuant to this Ordinance, including regulations made under it; or (ii) under any other law which relates to the purposes of this Ordinance; (b) preparations of proposals and recommendations to the Governor in Council for the making of regulations under this Ordinance; 10 (c) development and implementation of policies concerning the environment; (d) planning and execution of programmes, plans and other actions concerning the protection of the environment and the management of environmental impacts or threats; (e) preparation of manuals, codes or guidelines relating to the protection of the environment and the management of environmental impacts or threats; (f) formulation of plans and planning activities for the prevention of, preparedness for and response to environmental emergencies and for the restoration of any part of the environment damaged by or during such an emergency; (g) carrying out or commissioning investigations, research and studies relating to the environment and environmental protection; (h) collecting and disseminating data and information relating to the environment and environmental protection; and (i) any other matters the Chief Environmental Officer considers necessary or expedient for the purposes of implementing and attaining the objectives of this Ordinance. (3) The Chief Environmental Officer may provide advisory and technical services and information related to the matters in subsection (2), and may charge reasonable fees for such services. Advice by Chief Environmental Officer 9. (1) The Chief Environmental Officer is the principal adviser to the Governor in Council on matters relating to the protection of the environment. (2) Before exercising any function conferred by this Ordinance in relation to any matter, the Governor in Council must obtain and consider the advice of the Chief Environmental Officer or of any other Environmental Officer designated by the Chief Environmental Officer to give advice in relation to the relevant subject. Appeals 10. (1) An applicant may appeal to the Magistrates’ court— (a) in respect of an application under section 25, against any decision by the Chief Environmental Officer that was the subject of that application; (b) in respect of an application under sections 49, 57 or 60, against any decision by the Management Authority that was the subject of that application; (c) in respect of a pollution control permit held by the applicant, against a decision of the Chief Environmental Officer under section 67(4); or (d) in respect of an approval for the transboundary movement of hazardous waste, against a decision of the Chief Environmental Officer and Collector of Customs and Excise under section 84(1). (2) In respect of a permit, certificate or licence that has been granted to a person, that person may appeal against any decision by the Management Authority to— (a) refuse to accept a permit, certificate or other document under section 55(1); (b) alter that permit, certificate or licence on the Authority’s own initiative under section 57; or (c) revoke that permit, certificate or licence under section 59. 11 (3) In respect of a finding under section 73 of liability for historical pollution, any person to whom the finding applies may appeal against any decision by the Chief Environmental Officer related to that finding. (4) An appeal under this section must be brought within 21 days after the appellant receives notice in writing of the decision appealed against or within any further time the court allows. (5) Unless the court so orders, the lodging of an appeal does not operate to stay the effect of a decision pending the determination of the appeal. (6) On hearing the appeal, the court may— (a) confirm, reverse or vary the decision against which the appeal is brought; and (b) make any order as to the costs of the appeal it thinks fit. PART 4 GENERAL MEASURES FOR ENVIRONMENTAL MANAGEMENT Regulations 11. (1) The Governor in Council may make regulations under this section generally for carrying into effect the provisions of this Ordinance. (2) Without limiting subsection (1) or any specific provision about regulations set out elsewhere in this Ordinance, regulations may provide for— (a) the form of any application, notice or other document required to be made, issued or served under this Ordinance; (b) the payment of fees or any other charges payable under this Ordinance; (c) prescribing any thing required by this Ordinance to be prescribed. (3) Subject to subsection (4), when making regulations under subsection (1), the Governor in Council must, before the regulations in question are made— (a) obtain, to the extent it is available, any scientific advice the Governor in Council considers necessary; (b) consult with the Chief Environmental Officer and, to the extent reasonable in light of the proposed regulations, any other persons that may have an interest in or be affected by the proposed regulations; and (c) take into account the objectives in section 4 and general principles in section 5. (4) The consultation requirements in subsection (3) may be dispensed with if the Governor in Council considers that regulations are required urgently, in which case those requirements must be carried out as far as possible prior to the making of the regulations and must in any event be completed as soon as is practicable after the making of the regulations. (5) Any regulations made under this Ordinance may prescribe specific offences and provide that any person who commits such an offence is liable— (a) to a fine of not more than £50,000; (b) if the offence is a continuing offence, to a further fine of £500 for each day during which the offence continues; and 12 (c) to imprisonment for not more than 12 months. Codes of practice 12. (1) The Chief Environmental Officer may, if he or she considers that doing so would further the objectives of this Ordinance— (a) develop or commission the development of codes of practice; or (b) adopt codes of practice prepared by other organisations or persons. (2) Without limiting subsection (1), codes of practice may— (a) set standards for the quality of environment in its various aspects; (b) set standards for emission or discharge of environmental pollutants; (c) define procedures and safeguards for the prevention of accidents which may cause environmental harm and remedial measures for such accidents; (d) define procedures and safeguards for the handling of hazardous substances; (e) define procedures for the examination of manufacturing processes, materials and substances that may cause environmental harm; (f) define or evaluate the limits or thresholds applicable to activities which use the resources of environmental systems. (3) When developing, commissioning or adopting codes of practice under this section, the Chief Environmental Officer must have particular regard to any generally accepted international practice and standards, including environmental management standards disseminated by the International Standards Organisation. (4) In this section and section 13, “code of practice” means a code of practice, guidelines, standards or other similar document designed for the purpose, or being capable of having the effect, of— (a) promoting, improving or contributing to environmental protection; (b) improving the management of environmental risks; or (c) promoting or otherwise contributing to the attainment of the objectives of this Ordinance. Approved codes of practice 13. (1) The Governor in Council may approve a code of practice by— (a) notice in the Gazette; and (b) publishing with that notice (either in the notice or by reference to publication elsewhere) the code of practice being approved. (2) The Chief Environmental Officer may, within an approved code of practice or otherwise, determine procedures for certification, monitoring and auditing in respect of particular activities and classes of activity designed to ensure that approved codes of practice are adequately applied and may make compliance with such procedures a condition of a licence issued under this Ordinance. (3) Without affecting any regulations made under this Ordinance, any conditions of any licences or authorisations issued under this Ordinance or any requirements or duties imposed under any other enactment, a failure to comply with a provision of an approved code of practice does not make a person liable to criminal or civil proceedings. 13 (4) An approved code of practice— (a) is admissible in evidence in any proceedings; and (b) must be taken into account by a court in any case in which it appears to the court to be relevant. Management agreements 14. (1) The Chief Environmental Officer may make an agreement (a “management agreement”) with a person who has an interest in land about the management or use of the land, if doing so would further the objectives of this Ordinance. (2) A management agreement may, in particular— (a) impose on the person who has an interest in the land obligations in respect of the use of the land; (b) impose on the person who has an interest in the land restrictions on the exercise of rights over the land; (c) provide for the carrying out of any work that may be expedient for the purposes of the agreement by any person or persons; (d) provide for any matter for which a management scheme or measure in relation to a national conservation area provides (or could provide); (e) provide for the making of payments by either party to the other party or to any other person; (f) contain incidental and consequential provision. (3) A management agreement is, unless the agreement otherwise provides— (a) binding on persons deriving title under or from the person with whom the Chief Environmental Officer makes the agreement (and in such a case must be registered in accordance with subsection (4)); and (b) enforceable by the Chief Environmental Officer against those persons. (4) In the case of a requirement to register an agreement under subsection (3), a true copy of the management agreement (certified as such by the Chief Environmental Officer), must be filed with the Registrar of Lands who must note the agreement as an overriding interest (in terms of section 28(c) of the Registered Land Ordinance,1980), in the incumbrances section of the title to the affected land. Environmental monitoring 15. (1) The Chief Environmental Officer must, within 12 months of the entry into force of this Ordinance, establish and then operate and maintain, a system for monitoring environmental quality. (2) The Chief Environmental Officer must co-ordinate the activities of public authorities in St Helena in relation to— (a) the continuous or periodic collection, collation and analysis of data concerning the state of the environment; and (b) the continuous or periodic sampling and analysis of effluents, emissions and discharges into the environment. 14 (3) For the purpose of enforcing this Ordinance or any regulations made under it, the Chief Environmental Officer may include in any licence, permit or agreement such conditions as to require the holder of the licence- (a) to carry out at the holder’s own reasonable expense any environmental monitoring activities specified by the Chief Environmental Officer; and (b) to submit environmental monitoring reports as required by the Chief Environmental Officer from time to time. Reporting 16. The Chief Environmental Officer must publish a periodic report, at intervals determined by him or her, but in any case no less than once every 2 years, on the state of the environment of St Helena, including— (a) a summary of the current state of the terrestrial and marine environment, including but not limited to air, soil and water quality, terrestrial and marine flora and fauna; (b) the principal activities in achieving the protection and improvement of the environment of St Helena since the publication of the previous report; (c) the progress against the targets set out in a national environmental management plan or any equivalent national policy documents or plans; (d) a summary of the licences, notices and fines issued and offences and prosecutions relating to this Ordinance; and (e) other relevant information relating to the environment of St Helena. PART 5 MULTILATERAL ENVIRONMENTAL AGREEMENTS Incorporation of international obligations into national law 17. (1) The multilateral environmental agreements specified in Schedule 1 have been extended to St Helena and the Chief Environmental Officer must take, recommend or promote all general or specific measures and carry out all other of his or her functions under this Ordinance as are necessary in order to achieve the objectives of this Ordinance as it applies to protecting the environment. (2) The Governor in Council may make regulations for the purpose of meeting St Helena’s obligations under any of the multilateral environmental agreements specified in Schedule 1. (3) Without limiting subsection (2), and notwithstanding section 33 of the Interpretation Ordinance, 1968, regulations made under it may prescribe specific offences under this Ordinance and provide that any person who commits such an offence is liable— (a) to a fine of not more than £1,000,000; (b) if the offence is a continuing offence - to a further fine of £1,000 for each day during which the offence continues; and (c) to imprisonment for not more than 2 years. (4) The Governor in Council may from time to time amend Schedule 1 by order and must as soon as practicable lay a notice of the order before the Legislative Council. 15 PART 6 CONSERVATION OF BIODIVERSITY General duties and functions in relation to conservation of biodiversity 18. (1) The Chief Environmental Officer must take, recommend or promote such general measures under Part 4 and carry out any other of his or her functions under this Ordinance that are necessary in order to achieve the objectives of this Ordinance as it applies to conserving biodiversity. (2) The objectives of this Ordinance as it applies to conserving biodiversity include— (a) the conserving, restoring or enhancing biodiversity, at all levels; (b) the sustainable use of components of biodiversity, at all levels; (c) the protection of native species, and preventing the extinction (and promoting the recovery) of threatened species; (d) the protection of biodiversity, at all levels, by means that include the effective management of national conservation areas, and the promotion of conservation measures outside national conservation areas; (e) the protection of biodiversity at all levels from potentially harmful non-native species, through biosecurity measures; and (f) the identification of processes that threaten all levels of biodiversity and the implementation of plans to address these processes. (3) In carrying out the functions described in subsection (1), the Chief Environmental Officer must have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity in accordance with the international conventions and agreements referred to in Schedule 1. Protection of biodiversity 19. (1) The animals described in Part 1 of Schedule 2 are protected animals. (2) The plants described in Part 2 of Schedule 2 are protected plants. (3) Subject to subsection (4), the Governor in Council may by order amend Schedule 2 and must as soon as practicable lay a notice of the order before the Legislative Council. (4) Before publishing any amendment to Schedule 2, or from time to time in order to give consideration to the need for amendment of Schedule 2, the Governor in Council must consult any other persons the Governor in Council considers appropriate as to the living organisms, habitats or other components of biodiversity that are of principal importance in St Helena and ought to be protected under this Ordinance. (5) In respect of any living organism, habitat or other component of biodiversity included in Schedule 2, the Chief Environmental Officer must give consideration to the need to designate an area to be a national conservation area in order to conserve, restore or enhance such living organism, habitat or other component of biodiversity and must either— (a) in cases where the necessary responsibility has been transferred to the Chief Environmental Officer under regulation 6(a) of the Land Planning and Development 16 Control (Development Plans) Regulations, 2013 made under the Land Planning and Development Control Ordinance, 2013 - prepare such Development Management Plans under that Ordinance as he or she considers necessary; or (b) in other cases - develop a proposal or recommendation for the establishment of a national conservation area. Protected species Prohibitions relating to protected animals 20. (1) Subject to subsection (2) and sections 24(5) and 28, it is an offence for a person wilfully or recklessly to do any of the following in relation to a protected animal— (a) hunt, collect, kill, wound, pursue, capture or molest it; (b) have possession of it; (c) disturb it, during the period of breeding, incubation, estivation or migration; (d) take, remove, damage, destroy or possess any nest or egg of it; (e) disturb, damage or destroy the habitat of it; or (f) sell, export or have it in the person’s possession, or transport it for the purposes of sale or export. Penalty: A fine of £50,000 or imprisonment for 12 months, or both. (2) Subsection (1) does not apply to any person acting with authority of and in accordance with a licence. (3) Subsection (1)(b), (d), (e) and (f) apply whether the animal is living or dead. (4) Subsection (1)(b) and (f) apply to any part of or anything derived from the animal. Prohibitions relating to protected plants 21. (1) Subject to subsections (2) and (3) and sections 24(5) and 28, it is an offence for a person to— (a) wilfully or recklessly to pick, collect, cut, uproot or take any protected plant, by any method, or attempts to do any such thing; (b) have possession of any protected plant; (c) disturb, damage or destroy the habitat of any protected plant; or (d) sell, offer or expose for sale or export; or (e) have in the person’s possession, or transport, for the purposes of sale or export, any protected plant, any part of such a plant, or anything made wholly or partly from such a plant. Penalty: A fine of £50,000 or imprisonment for 12 months, or both. (2) Subsection (1) does not apply to any person acting with authority of and in accordance with a licence. (3) A person is not guilty of an offence under subsection (1)(a) if the person shows that the picking, uprooting, collecting or destroying was an incidental result of a lawful operation and could not reasonably have been avoided. 17 New species and invasive or potentially invasive species Introduction, etc. of non-native species 22. (1) Subject to subsection (2), it is an offence for a person wilfully to— (a) introduce, release or allow to escape into the wild any animal— (i) which is of a kind which is not ordinarily present in or a regular visitor to St Helena in a wild state; or (ii) the importation of which is prohibited under the Customs and Excise Ordinance, 1999; or (b) introduce, plant or otherwise cause to grow in the wild any plant— (i) which is of a kind which is not ordinarily present in St Helena in a wild state; or (ii) the importation of which is prohibited under the Plants Protection Ordinance, 1938. Penalty: A fine of £50,000 or imprisonment for 12 months, or both. (2) Subsection (1) does not apply to any person acting with authority of and in accordance with a licence or other permission or authorisation related to the animal or plant issued by a public authority under any other enactment. Sale, etc. of non-native species 23. (1) It is an offence for a person to- (a) sell, offer or expose for sale, or have in the person’s possession; or (b) transport for the purposes of sale— (i) an animal or plant referred to in subsection (4); or (ii) anything from which such an animal or plant can be reproduced or propagated. Penalty: A fine of £50,000 or imprisonment for 12 months, or both. (2) It is an offence for a person to publish or cause to be published any advertisement likely to be understood as conveying that the person buys or sells, or intends to buy or sell— (a) an animal or plant referred to in subsection (4); or (b) anything from which such an animal or plant can be reproduced or propagated. Penalty: A fine of £50,000 or imprisonment for 12 months, or both. (3) Subsection (1) does not apply to any person acting with authority of and in accordance with a licence or other permission related to the animal or plant issued by a public authority under any enactment. (4) Subsections (1)(a) and (2)(a) apply to an animal or plant which— (a) is within section 22(1); and (b) is a live animal or live plant. (5) Omitted Discovery of new species 18 24. (1) If an animal or plant is discovered in St Helena and appears or is believed to be a species previously unknown in St Helena, the animal or plant is deemed to be a protected animal or protected plant, as the case may be, until either the regulations referred to in subsection (3) are made or a notice under subsection (4) is published. (2) Any person who makes a discovery of an animal or plant which appears or is believed to be a species previously unknown in St Helena must notify the Chief Environmental Officer of that discovery as soon as is reasonably practical. (3) Taking such scientific advice as is necessary, the Chief Environmental Officer must consider whether an animal or plant referred to in subsection (1) should be included in Schedule 2 (concerning species of principal importance for the purpose of conserving biodiversity in St Helena) and if necessary must make a recommendation to the Governor in Council on the need for the amendment of Schedule 2 (4) If the Chief Environmental Officer or the Governor in Council does not consider that an animal or plant referred to in subsection (1) should be included in Schedule 2, the Chief Environmental Officer must publish a notice confirming that the species is not to be treated as a protected animal or protected plant. (5) It is not an offence under this Part if, in relation to the process of identifying an animal or plant which is a protected animal or protected plant by virtue of subsection (1), the animal or plant was disturbed and the disturbance was— (a) intended to allow for the advancement of scientific knowledge concerning the biodiversity or habitats of St Helena; and (b) necessary as the only available means to enable the advancement of scientific knowledge concerning the biodiversity or habitats of St Helena. Licences Licences 25.2 (1) Subject to subsections (2) and (3) and section 26, the Chief Environmental Officer or any public authority working in co-ordination with the Chief Environmental Officer may grant a licence authorising any person to do anything which would otherwise constitute an offence under any provision of this Part. (2) The Chief Environmental Officer may only grant a licence if the thing to be authorised will be done— (a) subject to section 26, for scientific, research or educational purposes; (b) subject to section 27, for recreational or commercial purposes; (c) for the purpose of preserving public health or public safety, including preventing the spread of disease; (d) for the purpose of conserving biodiversity; or (e) for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, fisheries or other forms of property, whether movable or immovable. 2 Section 25 amended by Ord. 14 of 2021 19 (3) The Chief Environmental Officer, taking such scientific advice as he or she considers necessary, must not grant a licence for any purpose mentioned in subsection (2) unless satisfied that, as regards that purpose, there is no other satisfactory solution and that anything authorised by the licence will not be detrimental to the survival of the population concerned. (4) A licence must be granted for the period stated in it, and may be— (a) general or specific; (b) granted either to persons of a class or to a particular person; (c) subject to compliance with any specified conditions; (d) modified or revoked by the Chief Environmental Officer at any time. (5) A licence which authorises any person to kill protected animals must specify the area within which and the methods by which such animals may be killed. (6) The Chief Environmental Officer may charge a fee for the grant of a licence. (7) Plant propagation licences, captive breeding licences, fisheries licences under the Fisheries Ordinance, 2021, and traditional rock fishing permitted under that Ordinance which complies with all current fisheries control notices under section 19 of that Ordinance, are to be construed as appropriate permissions under this section. Licences for scientific, research or educational purposes 26. (1) A person applying for a licence in relation to scientific, research or educational purposes must provide to the Chief Environmental Officer with a plan for the proposed operation in addition to any other information the Chief Environmental Officer may require under section 25. (2) Permission to undertake scientific or research operations may be granted only to a person who can satisfy the Chief Environmental Officer that the person has— (a) access to or a guarantee of sufficient funds to undertake the operations in a satisfactory manner; and (b) the scientific competence to undertake the operations, as assured by any recognised learned society institution of higher learning or such evidenced training as is deemed appropriate. (3) The Chief Environmental Officer may attach to any licence granted under section 25(2)(a) a requirement that the data and results of the scientific or other research operations are shared with the Chief Environmental Officer. Licences for recreational or commercial purposes 27. (1) A person applying for a licence in relation to recreational or commercial purposes must provide to the Chief Environmental Officer a plan for the proposed operation in addition to any other information the Chief Environmental Officer may require under section 25. (2) Permission to undertake a recreational or commercial operation or activity may be granted only to a person who can satisfy the Chief Environmental Officer that— 20 (a) there is an overriding public interest in permitting the recreational or commercial operation or activity, taking into account the impact of the operation or activity on biodiversity in St Helena; (b) all alternative practical means of carrying out the recreational or commercial operation or activity have been considered; (c) the person has adopted a plan to ensure that the recreational or commercial operation or activity is carried out with the minimal practicable impact on biodiversity and with the greatest practicable protections for any affected protected animal or protected plant; and (d) the person has the technical and other capacity to fulfil the plan referred to in paragraph (c). (3) The Chief Environmental Officer may attach to any licence granted under section 25(2)(a) a requirement that the plan referred to in subsection (2)(c) is complied with. Defences Defences 28. (1) Subject to subsection (4), it is a defence to a charge of committing an offence under this Part to prove that the defendant took all reasonable steps and exercised all due diligence to avoid committing the offence. (2) For the purpose of subsection (1), “reasonable steps” include applying or following any approved code of practice. (3) Subject to subsection (4), it is a defence to a charge of committing an offence under section 20(1) to prove that committing the offence was intended to alleviate unnecessary suffering of the animal. (4) If a defence provided by this section involves an allegation that the commission of the offence was due to the act or default of another person, the person charged is not, without leave of the court, entitled to rely on the defence unless, within a period ending 7 clear days before the hearing, the person has served on the prosecutor a notice giving any information identifying or assisting in the identification of the other person as was then in the possession of the person charged. PART 7 NATIONAL CONSERVATION AREAS Interpretation of this Part 29. Omitted Marine protected areas 30. (1) The Governor in Council may designate any area in the sea to be a marine protected area, if the conditions in subsection (3) are met. 21 (2) A marine protected area, or any part of it, may also be designated as a national conservation area. (3) The conditions referred to in subsection (1) are that— (a) management measures are required to— (i) protect habitat and ecosystems; (ii) protect biodiversity, at any level; or (iii) ensure sustainable use of the marine environment; and (b) those management measures limit the disturbance of an area by human activity, either at any time or at particular times. (4) In a management plan relating to a marine protected area— (a) subject to any regulations made under this Ordinance, any right of access to or upon any foreshore or part of the foreshore comprised in a marine protected area or any right of navigation (other than anchorage) through or across any water at any material time comprised in any marine protected area remains unaffected; (b) despite anything in a management plan, or in any regulations made under this Ordinance, in time of stress or emergency any vessel may anchor within a marine protected area and any measures may be taken by any person to avoid loss of human life or of property or injury to human life or to property that in the circumstances are expedient; (c) the Chief Environmental Officer, with the concurrence of the public authorities responsible for maritime traffic and the management of the fisheries zone, may cause to be marked and at all times to be kept marked, by means of any beacons, lights, buoys, or marks that the Chief Environmental Officer considers necessary, the boundaries of the marine protected area. Management plans 31. (1) If a national conservation area or marine protected area has been designated, the Chief Environmental Officer must adopt a management plan in accordance with this section for that national conservation area or marine protected area, as the case may be. (2) The Chief Environmental Officer is responsible for the preparation and review of management plans.

(3) Each management plan must— (a) identify the area covered by the national conservation area or marine protected area; (b) describe the status of the environment, natural resources or features as they relate to the management plan; (c) specify objectives to be achieved in the management plan; (d) specify the operations or schemes which it is proposed to undertake in relation to the national conservation area or marine protected area; (e) specify the management rules applicable to the national conservation area or marine protected area; (f) include an assessment of risk; (g) identify requirements for monitoring, reporting, and assessment; and (h) make provision in relation to any other matter necessary for the protection of the environment. 22 (4) A management plan may include, or may be implemented by, management agreements made under section 14. (5) A management plan may contain rules for the purposes of ensuring the objectives of the management plan are achieved, and such rules may include— (a) prohibitions on access by members of the public to any national conservation area or marine protected area, or any part of it; (b) conditions subject to which members of the public must be permitted to enter and use any national conservation area or marine protected area, or any part of it; (c) issue of authorisations to permit persons to enter any national conservation area or marine protected area for any particular purpose, notwithstanding a prohibition under paragraph (a) or conditions under paragraph (b); (d) the regulation and control of prohibition of recreational and other activities within the national conservation area or marine protected area; and (e) the imposition of fees and charges in respect of any matter with regard to which provision is made in this Part. (6) When preparing a management plan, the Chief Environmental Officer must— (a) obtain, to the extent it is available, appropriate scientific advice; (b) consult with other relevant public bodies; (c) carry out a public consultation on a draft management plan, lasting no less than 28 days; (d) take into account of the objectives and principles of this Ordinance; and (e) incorporate all relevant policies that apply to the national conservation area or marine protected area. (7) If the Governor in Council is satisfied that the criteria in subsection (3) have been met and the steps in subsection (6) have been carried out, the Governor in Council must adopt and publish the management plan by notice in the Gazette.3 Review, amendment and revocation of management plans 32. (1) A management plan adopted under section 31(7) is subject to review as required under the responsibility of the Chief Environmental Officer in accordance with this section. (2) On each occasion a management plan is reviewed, the Chief Environmental Officer must— (a) invite observations from the stakeholders principally affected by or with an interest in the plan; and (b) if, in the opinion of the Chief Environmental Officer, due to the extent and nature of the proposed changes, it would be appropriate, carry out a public consultation, lasting no less than 28 days. 3 See the MANAGEMENT PLAN FOR A MARINE PROTECTED AREA, issued under section 31(7) and published in Extraordinary Gazette No. 91 of 2016, dated 16th September 2016 23 (3) Taking account of any observation received pursuant to subsection (2), and taking account of the objectives set out for the management plan, the Chief Environmental Officer must make such amendments to the management plan as he or she considers necessary and— (a) if the amendments include amendments to management rules - the Governor in Council; and (b) in other cases - the Chief Environmental Officer, must adopt and publish the amended management plan by notice in the Gazette. Enforcement 33. (1) A person who contravenes or fails to comply with a management plan adopted under section 31(7) or amended under section 32(3) commits an offence. Penalty: A fine of £10,000. (2) The court before which any person is convicted under subsection (1) may order the demolition of any structure erected or the reinstatement of anything altered or removed in contravention of that subsection and in default of compliance with any such order of the court, the Chief Environmental Officer may cause the necessary work to be carried out and may recover as a civil debt the cost of so doing from the person in default. (3) An appeal lies to the Supreme Court from any decision or order of a court made under this section. Regulations 34. Without limiting section 11, regulations made under that section may— (a) provide general requirements for the conservation and management of national conservation areas or marine protected areas, or individual types of national conservation area or marine protected area; (b) provide specific requirements for the conservation and management of a particular national conservation area or marine protected area; and (c) confer additional powers on wardens appointed under section 86(2) to enforce management rules. PART 8 TRADE IN ENDANGERED SPECIES Preliminary Interpretation of this Part 35. In this Part, unless the context otherwise requires— “Appendix 1” means Appendix 1 to CITES and “Appendix 1 specimen” means a specimen of a species listed in Appendix 1; “Appendix 2” means Appendix 2 to CITES and “Appendix 2 specimen” means a specimen of a species listed in Appendix 2; “Appendix 3” means Appendix 3 to CITES and “Appendix 3 specimen” means a specimen of a species listed in Appendix 3; “artificially propagated” has the meaning given by section 36(1); “bred in captivity” has the meaning given by section 36(2); 24 “certificate” means a certificate issued in connection with CITES and “travelling exhibition certificate”, “pre-Convention certificate”, “certificate of captive breeding” and “certificate of artificial propagation” mean a certificate of that name granted under section 49 or an equivalent document granted by a recognised management authority; “CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed at Washington, D.C. on 3 March 1973, as amended from time to time; “IATA” means the International Air Transport Association; “introduction from the sea” means the introduction into St Helena of any specimen that was captured in, and transported into St Helena directly from, a marine environment (including the air-space above the sea, the sea-bed and the subsoil beneath the sea) that is not within the jurisdiction of any country or territory, including St Helena; “Management Authority” means the person or body designated under section 39 to be the Management Authority for purposes of this Part; “mark”, in relation to a specimen, means any indelible imprint, lead seal or other suitable means of identifying a specimen and includes, but is not limited to, any of the following— (a) a mark or label on a container in which the specimen is kept; (b) a label or tag on a plant; (c) a device on an animal that may be scanned electronically; (d) a band on any part of an animal; and (e) a tag or ring placed on any part of an animal (whether by piercing or otherwise), and expressions in this Part referring to a person marking a specimen are to be construed accordingly; “personal or household effect” means a dead specimen, or a part or derivative of a dead specimen, that was legally-acquired and is— (a) personally owned or possessed for non-commercial purposes; and (b) at the time of import, export or re-export either— (i) worn, carried or included in personal baggage; or (ii) part of a household move; “population”, in relation to a species or sub-species, means a biologically or geographically distinct total number of individuals of that species or sub-species; “pre-Convention”, in relation to a specimen, means a specimen that was taken from the wild, bred in captivity or artificially propagated before the species of which the specimen is a member was specified in an Appendix to CITES; “recognised management authority” means a national administrative authority designated by a country or territory, other than St Helena, in accordance with Article IX of CITES; “registered scientific institution” and “registered scientist” means a person or body with a scientific registration certificate granted under section 49 or any person or body who is registered by a recognised management authority for the purposes of Article VII(6) of CITES; “rescue centre” means an institution designated by the Management Authority to look after the welfare of living specimens, particularly those that have been confiscated; “Scientific Authority” means a person or body who is designated to be a Scientific Authority under section 41; “travelling exhibition” includes a travelling zoo, circus, menagerie, or plant exhibition, that is used to display any of the specimens listed in Appendix 1, 2 or 3. Definitions of “artificially propagated” and “bred in captivity” 36. (1) In this Ordinance a plant is only to be taken to have been artificially propagated if— 25 (a) the plant has been grown by a person from seeds, cuttings, callus tissues, spores, or other propagules, under controlled conditions; or (b) if the plant is a grafted plant - both the root stock and the graft have been grown in accordance with paragraph (a). (2) In this Ordinance, an animal is only to be taken to have been bred in captivity if— (b) the animal (including eggs) was born, or otherwise produced, in a controlled environment, of parents that mated or otherwise transmitted their gametes in a controlled environment; or (b) the parents were in a controlled environment when development of the offspring began, if reproduction is asexual. (3) In this section— (a) “controlled conditions” means a non-natural environment— (i) that is intensively manipulated by human intervention for the purpose of producing selected species or hybrids of plants; and (ii) which has general characteristics that may include (but are not limited to including) tillage, fertilisation, weed control, irrigation or nursery operations such as potting, bedding or protection from weather; (b) “controlled environment” means an environment that— (i) is manipulated by human intervention for the purpose of producing animals of a particular species; (ii) has boundaries designed to prevent animals, eggs or gametes of the species from entering or leaving the environment; and (iii) which has general characteristics that may include, but are not limited to including, artificial housing, waste removal, health care, protection from predators and artificially supplied food. CITES Appendices Application of Appendix 1, Appendix 2 and Appendix 3 37. This Part does not apply to— (a) any species in Appendix 1 and Appendix 2 in relation to which a reservation under CITES applies to St Helena, to the extent of any such reservation; or (b) any species which the Governor in Council, by regulations, specifies as being excluded from the application of this Part. Certain Appendix 1 specimens deemed to be Appendix 2 specimens 38. An Appendix 1 specimen that is artificially propagated for commercial purposes or bred in captivity for commercial purposes is deemed to be an Appendix 2 specimen for the purpose of this Ordinance. Management Authority and Scientific Authorities Management Authority 39. (1) Except as otherwise provided in this section, the Chief Environmental Officer is the Management Authority. 26 (2) The Governor may designate a body or person to exercise the function of the Management Authority in place of the Chief Environmental Officer. (3) The Governor must not designate a body or person under subsection (2) unless satisfied that the body or person— (a) has the appropriate governance, skills and resources to exercise the functions of the Management Authority; and (b) in the case of a body, is not prevented from exercising that function under any enactment or by its constitution (whatever form that takes). Powers and functions of Management Authority 40. (1) The Management Authority has the following powers and functions in addition to those provided for elsewhere in this Ordinance— (a) to function as the Management Authority referred to in Article IX paragraph 1(a) of CITES and perform all responsibilities specified for the Management Authority under CITES for the purpose of implementing CITES in St Helena; (b) to co-operate with recognised management authorities in the implementation and enforcement of legislation, in St Helena and in other countries or territories, relating to trade in endangered species; and (c) to establish one or more rescue centres for seized and confiscated living specimens, in consultation with the Scientific Authority. (2) The Management Authority must keep in a form it thinks fit (which may include an electronic form) a register of— (a) specimens registered for the purposes of section 46(1)(b)(iii)(bb); (b) permits, certificates and licences granted under section 49; and (c) persons registered under section 49. (3) In addition to any other powers specified by or under this or any other enactment, a Management Authority has the powers necessary to perform its functions. Scientific Authorities 41. (1) The Governor may designate one or more persons or bodies, other than the person or body that acts as the Management Authority in accordance with section 39, to be a Scientific Authority for the purposes of this Part. (2) A person or body may be designated to be a Scientific Authority whether or not the person or body is situated in St Helena, provided if the Governor is satisfied that such body or person is able to perform such of those functions described in section 42 as are appropriate in relation to St Helena. Powers and functions of Scientific Authorities 42. (1) The functions of a Scientific Authority are to advise the Management Authority— 27 (a) on the exercise of the Management Authority’s powers under this Part, including but not limited to advice on suitable standards for granting a scientific registration certificate under section 49; (b) on any other matter relating to the Management Authority’s functions and the administration of this Part on which its advice is sought or on which it wishes to tender advice; and (c) generally, on matters relating to endangered species on which its advice is sought or on which it wishes to tender advice. (2) In addition to any other powers specified by or under this Ordinance, a Scientific Authority has the powers necessary to perform its functions. Import, export and re-export of specimens Import of Appendix 1 or Appendix 2 specimens 43. (1) A person must not import (other than by way of introduction from the sea) an Appendix 1 specimen except in accordance with an import permit granted under section 49 in relation to the specimen. (2) A person must not import (other than by way of introduction from the sea) an Appendix 2 specimen unless the Management Authority is satisfied that there is an export permit or re-export certificate granted by a recognised management authority authorising the export of that specimen to St Helena. (3) A person must not import by way of introduction from the sea an Appendix 1 or Appendix 2 specimen except in accordance with an introduction certificate granted under section 49 in relation to the specimen. (4) A person who contravenes subsection (1), (2) or (3) commits an offence. Penalty: A fine, or imprisonment for 5 years, or both. Import of Appendix 3 specimens 44. (1) Subject to subsection (2), a person must not import an Appendix 3 specimen except in accordance with— (a) a certificate of origin granted by a recognised management authority relating to that specimen; and (b) if it is being imported from a country or territory which listed the species in Appendix 3 - an export permit granted by a recognised management authority relating to that specimen. (2) The requirement in subsection (1) does not apply if the specimen is being re- exported and there is a re-export certificate granted by the recognised management authority in the country or territory from which the specimen is being re-exported or a certificate granted by that authority to the effect that the specimen was processed in that country or territory. (3) A person who contravenes subsection (1) commits an offence. Penalty: A fine of £5,000. 28 Export or re-export of Appendix 1, 2 or 3 specimens 45. (1) A person must not export an Appendix 1, 2 or 3 specimen, except in accordance with an export permit granted under section 49 in relation to the specimen. (2) A person must not re-export an Appendix 1, 2 or 3 specimen except in accordance with a re-export certificate granted under section 49 in relation to the specimen. (3) A person who contravenes subsection (1) or (2) in relation to an Appendix 1 or Appendix 2 specimen commits an offence. Penalty: A fine, or imprisonment for 5 years, or both. (4) A person who contravenes subsection (1) or (2) in relation to an Appendix 3 specimen commits an offence. Penalty: A fine of £5,000. Exemptions 46. (1) Sections 43 to 45 do not apply to the import, export or re-export— (a) by a registered scientific institution or registered scientist of a specimen, which is an herbarium specimen or other preserved, dried or embedded museum specimen, or live plant material if— (i) the specimen is marked in a manner approved by the Management Authority or a recognised management authority; and (ii) the import, export or re-export is a non-commercial loan, donation or exchange to a registered scientific institution or a registered scientist; (b) by a travelling exhibition of a live specimen in respect of which there is a travelling exhibition certificate and any of the following— (i) a pre-Convention certificate; (ii) a certificate of captive breeding; or (iii) a certificate of artificial propagation, if the specimen satisfies the conditions in subsection (1A); (c) by any person, other than a travelling exhibition falling within subsection (b), of a specimen in respect of which there is— (i) a pre-Convention certificate; (ii) a certificate of captive breeding; or (iii) a certificate of artificial propagation, except where such specimen is a live animal bred in captivity for commercial purposes and deemed to be an Appendix 2 specimen under section 38; (d) by any person of a specimen which is a personal or household effect, unless the specimen is of a kind specified in subsection (2). (1A) The conditions specified for the purpose of subsection (1)(b) are that— (a) the Management Authority is satisfied that the specimen will be prepared and shipped in compliance with CITES guidelines for transport and preparation for shipment of live wild animals or in compliance with standards set by IATA; and (b) the exporter or importer has registered full details of the specimen with the Management Authority. 29 (2) The kinds of specimen contemplated by subsection (1)(d) are that— (a) the specimen is an Appendix 1 specimen and the owner, being an owner whose usual place of residence is in St Helena, acquired the specimen outside St Helena and is importing it into St Helena; (b) the specimen is an Appendix 2 specimen— (i) the owner of which has his or her usual place of residence in St Helena and is importing it into St Helena; (ii) that was removed from the wild in a country or territory where the owner acquired it; and (iii) in respect of which there is a pre-Convention certificate or an export permit is required by the country or territory from which the specimen was removed from the wild; or (c) the specimen is in excess of the specified limit on the number or quantity of the specimen that may be imported, exported or re-exported. (3) In subsection (2)(c), “specified limit” means, where applicable in respect of any particular species, the limit on the number of specimens or other quantity of that species that may be imported, exported or re-exported as specified under CITES for the purposes of the control of trade in personal and household effects. Pre-Convention specimens 47. (1) A person must not export a pre-Convention specimen unless there is a pre- Convention certificate in relation to that specimen. (2) A person who contravenes subsection (1) commits an offence. Penalty: A fine of £5,000. Permits, certificates and licences Requirement for a commercial licence 48. (1) A person must not, for commercial purposes— (a) breed in captivity; (b) artificially propagate; or (c) export, import or re-export, any specimen, unless the person has a commercial licence under section 49. (2) A person who contravenes subsection (1) commits an offence. Penalty: A fine of £50,000 or imprisonment for 12 months, or both. Applications for, and grants of, any permit, certificate or licence 49. (1) A person may apply to the Management Authority for the grant of any of the following— (a) an export permit; (b) an import permit; (c) a re-export certificate; (d) an introduction certificate; (e) a certificate of origin; 30 (f) a certificate of captive breeding; (g) a certificate of artificial propagation; (h) a pre-Convention certificate; (i) a travelling exhibition certificate, in relation to a specimen specified in the application. (2) A person may apply to the Management Authority for the grant of a commercial licence or a scientific registration certificate. (3) An application under subsection (1) or (2) must be in a form and made in a manner approved by the Management Authority and must be accompanied by any applicable fee. (4) The Management Authority may - (a) request a person who has made an application under subsection (1) or (2) to provide to the Management Authority any document or further information in relation to the application, including, where appropriate, any sample from a specimen referred to in the application; and (b) refuse to grant the permit or certificate to which the application relates unless and until the document, information or sample is provided. (5) The Management Authority may, after receiving an application under subsection (1) from a person— (a) grant to the person a permit or certificate in relation to a particular specimen, or, except in the case of a travelling exhibition certificate, a consignment of specimens, identified in the permit or certificate; or (b) by notice in writing to the person, refuse to grant a permit or certificate to the person, giving reasons for doing so and informing the person of that person’s right of appeal under section 10. (6) The Management Authority may, after receiving an application under subsection (2) from a person— (a) grant to that person a commercial licence or scientific registration certificate in relation to a particular specimen or class or description of specimens identified in the licence or certificate; or (b) by notice in writing to the person refuse to grant the licence or certificate giving reasons for doing so and informing the person of the person’s right of appeal under section 10. (7) The Management Authority must specify conditions it thinks fit on a commercial licence or scientific registration certificate requiring the holder of the licence - (a) to keep such records relating to the holder’s business as the Management Authority specifies for a length of time it specifies; and (b) to make such records, or returns relating to such records, available to the Management Authority at the Management Authority’s request. (8) The Management Authority may specify any other conditions on a permit, certificate or licence that it thinks fit. (9) A permit, certificate or licence must be in a form the Chief Environmental Officer approves. 31 (10) A permit or certificate, other than a travelling exhibition certificate in respect of live animals, may only be granted under subsection (1) in relation to a single consignment of specimens if all the specimens are members of the same family (that is, a member of the taxonomic group above a genus and below an order). (11) A permit, certificate or licence granted under this section to a person is not transferable to another person. General conditions for grant of permits and certificates relating to Appendix 1 and Appendix 2 specimens 50. (1) The Management Authority must not grant an export permit or introduction certificate to a person in relation to an Appendix 1 or Appendix 2 specimen unless— (a) a Scientific Authority is satisfied that the grant of such a permit or certificate would not be detrimental to the survival of the species to which the specimen belongs; (b) in the case of the proposed export of an Appendix 2 specimen in relation to which a Scientific Authority has determined that export of specimens of that species should be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become eligible for inclusion in Appendix 1 - the Management Authority has had regard to advice from that Scientific Authority; and (c) the additional conditions set out in sections 51 or 52 that are applicable to the application for such a permit or certificate are met. (2) The Management Authority must not grant an import permit in relation to an Appendix 1 specimen unless— (a) a Scientific Authority is satisfied that the grant of such a permit will be for purposes that are not detrimental to the survival of the species to which the specimen belongs; (b) the Management Authority is satisfied that there is an export permit or re-export certificate granted by a recognised management authority authorising the export of that specimen to St Helena; and (c) the additional conditions in section 51 are met. (3) The Management Authority must not grant a re-export certificate in relation to an Appendix 1 or Appendix 2 specimen unless the conditions set out in sections 51 or 52 that are applicable to the application for such a certificate are met. Additional conditions relating to Appendix 1 specimens 51. (1) The additional conditions for an import permit or introduction certificate relating to an Appendix 1 specimen are that— (a) in the case of an import permit, a Scientific Authority, or, in the case of an introduction certificate, the Management Authority, is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and (b) the Management Authority is satisfied that the specimen is not to be used primarily for commercial purposes. (2) The additional conditions for the export of an Appendix 1 specimen are that the Management Authority is satisfied that— 32 (a) the specimen was obtained in accordance with any laws applicable in St Helena; (b) any living specimen will be prepared and shipped in compliance with CITES guidelines for transport and preparation for shipment of live wild animals or in compliance with standards set by IATA; and (c) an import permit has been granted by a recognised management authority for the specimen by the importing country or territory. (3) The additional conditions for the re-export of an Appendix 1 specimen are that the Management Authority is satisfied that— (a) the specimen was imported into St Helena in accordance with this Ordinance or any other Ordinance which was in force on the date of such import; (b) any living specimen will be prepared and shipped in compliance with CITES guidelines for transport and preparation for shipment of live wild animals and plants or in compliance with standards set by IATA; and (c) in the case of a living specimen - an import permit has been granted by a recognised management authority for that specimen by the importing country or territory. Additional conditions relating to Appendix 2 specimens 52. (1) The additional conditions for the grant of an export permit relating to an Appendix 2 specimen are that the Management Authority is satisfied that— (a) the specimen was obtained in accordance with any laws applicable in St Helena; (b) any living specimen will be prepared and shipped in compliance with CITES guidelines for transport and preparation for shipment of live wild animals or in compliance with standards set by IATA. (2) The additional conditions for the grant of a re-export certificate relating to an Appendix 2 specimen are that the Management Authority is satisfied that— (a) the specimen was imported into St Helena in accordance with this Ordinance or any other Ordinance which was in force on the date of such import; and (b) any living specimen will be prepared and shipped in compliance with CITES guidelines for transport and preparation for shipment of live wild animals or in compliance with standards set by IATA. (3) The additional condition for the grant of an introduction certificate relating to an Appendix 2 specimen is that the Management Authority is satisfied that any living specimen will be handled in compliance with CITES guidelines for transport and preparation for shipment of live wild animals and plants or in compliance with standards set by IATA. Conditions relating to Appendix 3 specimens 53. The Management Authority must not grant an export permit following an application in relation to an Appendix 3 specimen which has been included in that Appendix on behalf of St Helena, unless the Management Authority is satisfied that— (a) the specimen was obtained in accordance with any laws applicable in St Helena; and (b) any living specimen will be prepared and shipped in compliance with CITES guidelines for transport and preparation for shipment of live wild animals or in compliance with standards set by IATA. 33 Other conditions 54. (1) The Management Authority must not grant a certificate of captive breeding following an application under section 49(1)(f) unless it is satisfied that any specimen of an animal species was bred in captivity or any specimen of a plant species was artificially propagated, or is a part of such an animal or plant or was derived from such an animal or plant. (2) The Management Authority must not grant a pre-Convention certificate following an application under section 49(1)(h) unless with respect to any specimen which is the subject of that application it is satisfied that the specimen is a pre-Convention specimen. Invalid permits and certificates 55. (1) The Management Authority may refuse to accept, or cancel and retain, any invalid permit or certificate or other document that— (a) is granted by a recognised management authority; (b) relates to a specimen that has been, or is intended to be, imported into St Helena; and (c) was provided to the Management Authority because it was required under this Ordinance to accompany the import of the specimen. (2) For the purposes of this Ordinance, a permit, certificate or other document is invalid if— (a) it was granted in contravention of the law of the country or territory in which it was granted; (b) a condition to which its grant was subject has not been complied with; or (c) it contains a material error. (3) A person must not produce to the Management Authority or any other authority or officer an invalid document that purports to be a valid document, if the person knows, or ought reasonably be expected to know, that the document is invalid. (4) A person who contravenes subsection (3) commits an offence. Penalty: A fine of £1,000,000 or imprisonment for 2 years, or both Duration of permits, certificates and licences 56. (1) A permit, certificate or licence granted under this Ordinance comes into force on the day on which it is granted. (2) An export permit or re-export certificate granted under section 49 remains in force, unless earlier revoked under section 59 or surrendered, for 6 months from the date on which it is granted. (3) An import permit, introduction certificate or certificate of origin granted under section 49 remains in force, unless earlier revoked under section 59 or surrendered, for 12 months from the date on which it is granted. 34 (4) A certificate of captive breeding, certificate of artificial propagation, pre- Convention certificate or travelling exhibition certificate remains in force, unless earlier revoked under section 59 or surrendered, for 3 years. (5) A commercial licence remains in force, unless earlier revoked under section 59 or surrendered, until the date specified in the licence. Alteration etc. of permits, certificates or licences 57. (1) A person may apply to the Management Authority for the alteration of a permit, certificate or licence granted to the person, including the alteration or revocation of a condition specified on the permit, certificate or licence. (2) An application under subsection (1) must be in a form approved by the Management Authority and must be accompanied by any prescribed fee. (3) The Management Authority may, after receiving an application under subsection (1)— (a) alter the permit, certificate or licence, including altering or revoking any condition; or (b) by notice in writing to the person, refuse to alter the permit, certificate or licence giving reasons for doing so and informing the person of the person’s right of appeal under section 10. (4) The Management Authority may, of its own motion— (a) alter a permit, certificate or licence, including a condition specified on a permit or certificate; (b) specify a condition on a permit, certificate or licence; or (c) suspend a permit, certificate or licence for a period as it may determine it decides. (5) The Management Authority must notify in writing the holder of a permit, certificate or licence of its decision under subsection (4), giving reasons for its decision and informing the person of the person’s right of appeal under section 10. (6) The Management Authority must not alter or revoke a condition specified on a permit, certificate or licence if a Scientific Authority is of the opinion that the alteration or revocation will adversely affect the survival or welfare of the species, or the living specimen of the species, to which the permit, certificate or licence relates or will relate. (7) If the Management Authority alters a permit, certificate or licence granted to a person the Authority must grant a new permit, certificate or licence to the person and such permit, certificate or licence is deemed to have been granted under section 49. Breach of conditions 58. (1) No person may breach a condition specified on a permit, certificate or licence. (2) A person who contravenes subsection (1) commits an offence. Penalty: A fine of £50,000 or imprisonment for a period of 12 months, or both. 35 Revocation of any permit, certificate or licence 59. The Management Authority may revoke a permit, certificate or licence granted to a person if the Authority— (a) is satisfied that a person provided false or misleading information in, or in relation to, the application for the permit, certificate or licence; (b) is satisfied that the permit, certificate or licence was granted in error or contains a material error; (c) is satisfied that a condition of the permit, certificate or licence has been breached; (d) is satisfied that the person, an employee of the person, or a person acting on behalf of, or under the general supervision of the person, has committed an offence under this Ordinance or under the law of St Helena, or of another country or territory, relating to the conservation or welfare of animals or plants; (e) is satisfied that the person has not provided satisfactorily for the health and well- being of living specimens to which the permit, certificate or licence relates of which the person has had possession, or is not, or will not be, able to provide satisfactorily for the health and well-being of living specimens to which the permit, certificate or licence relates of which the person has or will have possession; or (f) has received advice from a Scientific Authority that it is advisable to do so to assist in the survival or welfare of the species to which the permit, certificate or licence relates or of a living specimen to which the permit, certificate or licence relates and of which the person has or will have possession. Replacement certificates, permits and licences 60. (1) A person may apply to the Management Authority for the grant of a permit, certificate or licence in replacement of a permit, certificate or licence granted under section 49 that has been lost, defaced or damaged. (2) An application under subsection (1) must be in a form approved by the Management Authority and must be accompanied by any prescribed fee. (3) The Management Authority may grant a permit, certificate or licence in replacement of one that has been lost, defaced or damaged and such permit, certificate or licence is deemed to have been granted under section 49. (4) If the Management Authority refuses to grant a permit, certificate or licence under this section, the Authority must notify the person who made the application under subsection (1) and give reasons for its decision. Other Specimens only to enter or exit from approved places 61. (1) A person must not cause a specimen to enter or leave St Helena, whether by way of import, export, re-export, transit or transhipment, except at an approved point of entry or exit. 36 (2) For the purpose of this section, “approved point of entry or exit” means any place— (a) where goods may be landed in St. Helena or exported from St. Helena in accordance with section 7 of the Customs and Excise Ordinance, 1999; or (b) specified in regulations made under section 11. (3) A person who contravenes paragraph (1) commits an offence. Penalty: A fine of £1,000,000 or imprisonment for 2 years, or both. Possession, sale, purchase and transport of specimens 62. (1) A person must not, without reasonable excuse— (a) have in the person’s possession, or under the person’s control; (b) sell or offer for sale; (c) purchase; (d) export or re-export; or (e) transport within St Helena, any specimen that the person knows, or ought reasonably be expected to know, has been imported by any person in contravention of this Part or unlawfully taken from the wild or exported from a country or territory in contravention of the law of that country or territory. (2) A person who contravenes paragraph (1) commits an offence. Penalty: A fine of £1,000,000 or imprisonment for 2 years, or both. PART 9 POLLUTION CONTROL AND HAZARDOUS SUBSTANCES General duties and functions in relation to pollution and hazardous substances 63. (1) The Chief Environmental Officer must take, recommend or promote any general measures under Part 4 and carry out any other of his functions under this Ordinance as are necessary in order to achieve the objectives of this Ordinance as it applies to this Part. (2) The objectives of this Ordinance as it applies to this Part include— (a) minimising, preventing and reducing the negative impacts of pollution; (b) ensuring proper safeguards exist for the management and treatment of pollutants and hazardous materials; (c) encouraging the development and implementation of response measures, in the event of spills and other accidental releases; and (d) any other objectives that are agreed from time to time as a matter of policy in St Helena. Pollution and hazardous substances control regulations 64. (1) Regulations made under section 11 may prescribe for matters required or permitted to be prescribed under this Part and may make any other provision that is necessary or convenient for giving effect to this Part. (2) In particular, and without limiting the power in subsection (1), regulations may provide for all or any of the following matters, namely— 37 (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restriction on the location of industries and the carrying on process and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents; (g) procedures for licensing, permitting, registering and any other measures required to control pollution or hazardous substances; and (h) provide for the charging of fees, levies and other charges in relation to the control and management of pollution and hazardous substances. Designated pollutants 65. (1) Regulations under section 11 may designate as a pollutant any substance, thing or man-made phenomenon which, in a specified quantity or concentration or condition, is likely to cause harm to human health or affect the quality of the environment (“designated pollutant”). (2) On the coming into force of any regulations made pursuant to subsection (1), any person who carries on an existing activity or process that may cause or result in the production of a designated pollutant, on a continuous or intermittent basis, must give notice of that fact to the Chief Environmental Officer within a time specified in the regulations. (3) The Chief Environmental Officer must compile a register of sources of designated pollutants, which must be open to inspection by the public during ordinary business hours, on payment of any prescribed search fee. Pollution control permits 66. (1) The Chief Environmental Officer may by permit authorise the deposit or release of a designated pollutant on or into land, water or the air in quantities or concentrations in excess of the prescribed standard, subject to any conditions he or she thinks fit, and the payment of any prescribed fees and charges. (2) In deciding whether to grant a permit pursuant to subsection (1), the Chief Environmental Officer may adopt and take into account ambient environmental standards and the cumulative impact on those standards of the grant of any pollution control permit. (3) The Chief Environmental Officer must = (a) compile and maintain a register of pollution control permits that is open to inspection by the public during ordinary business hours, on payment of any prescribed search fee; and (b) provide members of the public with copies of entries in the register on payment of the cost of making copies. 38 Pollution charges 67. (1) The holder of a pollution control permit is liable for the payment of pollution charges with respect to the release of any designated pollutant into the environment. (2) The Governor in Council may make regulations under section 11 specifying that in the case of each pollution control permit, the following pollution charges are payable, in the amount prescribed by the regulations - (a) a pollution control permit fee for every year during which the permit is in force, based on the costs to the Chief Environmental Officer of supervising permits granted to different categories of permit holders, paid annually prior to the start of the year to which it relates; and (b) a pollution levy, calculated on the basis of the amount of each pollutant released into the environment measured as specified by the Chief Environmental Officer, paid quarterly after the end of the quarter to which the payment relates. (3) If the Chief Environmental Officer is satisfied that, while a pollution control permit is in force, the permit holder has expended money on scientific research or on new plant or equipment designed or intended to reduce the release of pollutants into the environment, the Chief Environmental Officer may allow the permit holder to offset part or all of the costs of such expenditure against the amount of the pollution levy payable. (4) If the Chief Environmental Officer rejects a claim for an offset allowance made pursuant to subsection (3), reasons must be given in writing for the decision. Unlawful pollution 68. (1) It is an offence for a person to - (a) discharge, deposit or otherwise release into the environment; or (b) knowingly cause or permit to be discharged, deposited or otherwise released into the environment polluting matter, unless one of the situations in subsection (4) applies. Penalty: A fine or imprisonment for 5 years, or both. (2) For the purposes of this section, “polluting matter” includes— (a) designated pollutants; and (b) any other polluting matter in such quantities or in such a manner so as to cause damage to the environment. (3) The Governor in Council must by regulations under section 11 define the “regulated polluting matter” to which this section applies. (4) The situations mentioned in subsection (1) are where the discharge, deposit or release is— (a) authorised by a pollution control permit; (b) required or authorised by an enforcement officer under this Ordinance. (5) Omitted 39 Hazardous substances 69. (1) The Governor in Council may make regulations under section 11 in order to— (a) designate specific substances as hazardous substances if the Governor in Council considers it appropriate to do so for the purpose of preventing the substance from causing pollution of the environment or harm to human health; (b) prohibit or restrict the supply of such substances; (c) prohibit or restrict the importation and the landing and unloading on St Helena of such substances. (2) On the coming into force of any regulations made pursuant to subsection (1)(a), any person who is engaged in carrying on an existing activity or process, or who proposes to commence and carry on an activity or process that involves the storage, handling, use or disposal of any hazardous substance, must give notice of that fact to the Chief Environmental Officer within a time specified in the regulations. (3) The Chief Environmental Officer must compile a register of hazardous substances, which must be open to inspection by the public during ordinary business hours, on payment of any prescribed search fee. Powers to obtain information about potentially hazardous substances 70. (1) The Governor in Council may, by regulations made under section 11, make provision for and in connection with the obtaining of relevant information relating to substances which may be specified by him by order for the purposes of this section, for the purpose of assessing their potential for causing pollution of the environment or harm to human health,. (2) The regulations described in subsection (1) may— (a) prescribe the descriptions of relevant information which are to be provided in relation to specified substances; (b) impose requirements on manufacturers, importers or suppliers to provide information prescribed under paragraph (a) above; (c) impose requirements on manufacturers or importers to carry out tests of specified substances and to provide information of the results of the tests; (d) impose restrictions on the disclosure of information obtained under this section and provide for determining what information is, and what information is not, to be treated as provided in confidence; (e) include any other incidental, supplemental and such transitional provisions that the Governor in Council considers appropriate. (3) The Governor in Council, must have regard, in imposing or providing for the imposition of any requirement under subsection (2)(b), (c), (d) or (e) above, to the cost likely to be involved in complying with the requirement. (4) In this section— 40 (a) “relevant information”, in relation to substances, products or articles, means information relating to their properties, production, distribution, importation or use or intended use and, in relation to products or articles, to their disposal as waste; (b) “substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour and includes mixtures of substances. Spills and accidental releases 71.

(1) The Chief Environmental Officer may require any person who owns or controls any premises, vehicle or vessel on which any pollutant or hazardous substance is stored, used or transported for commercial purposes, to prepare a pollution emergency plan to deal with any spill or accidental release of that pollutant or hazardous substance. (2) Any pollution emergency plan prepared pursuant to subsection (1) must— (a) set out the counter-measures to be adopted in the event of a spill or accidental release of the pollutant or hazardous substance; (b) set out the steps to be taken to clean-up the environment afterwards; and (c) be submitted to the Chief Environmental Officer for approval, with or without amendments, after consultation with the Chief Environmental Officer and any other person the Chief Environmental Officer considers necessary. (3) When any spill or accidental release of a pollutant or hazardous substance occurs, the person who owns or controls or uses the premises, vehicle or vessel on which the incident takes place must— (a) immediately notify the Chief Environmental Officer of the incident; (b) implement any approved contingency plan; and (c) take any other measures that are necessary or expedient to minimise any resulting threat to human health or the environment. (4) If, after investigating the incident, it appears to the Chief Environmental Officer that such action is necessary, he or she may - (a) undertake any emergency response measures that are considered necessary or expedient to protect the environment, either directly or by co-ordinating the activities of the competent governmental and non-governmental organisations or by employing contractors; and (b) recover the costs of so doing from the person who owns or controls the premises, vehicle or vessel concerned, as a civil debt. Pollution from construction or mechanical plant, equipment and machinery 72. (1) Regulations made under section 11 may— (a) prescribe performance standards with respect to the generation and release into the environment of pollutants from mobile or immobile machines and equipment, including but not limited to automobiles, construction or mechanical plant and equipment and home and garden appliances; and (b) make it an offence to import into St Helena any machine or equipment that does not comply with the prescribed performance standards . 41 (2) In this section, the expression “home and garden appliances” includes but is not limited to electricity generators, refrigeration equipment, water-pumps, air conditioning units, brush-cutters and lawn-mowers. (3) In any regulations made for the purposes described in subsection (1), a reasonable period of time must be allowed between the introduction of the standards and their enforcement to accommodate the upgrading and replacement of existing machines and equipment. Liability for historical pollution 73. (1) If any part of the environment is found by the Chief Environmental Officer to have been polluted in breach of the provisions of any law in force before the coming into force of this Ordinance, an enforcement officer, with the consent of the Chief Environmental Officer, may serve an environmental protection notice under section 97(1) requiring any person whom the Chief Environmental Officer finds to have been solely or partly responsible for causing or allowing that pollution to take place, to take the measures to clean up or rehabilitate the environment specified in the notice. (2) When the Chief Environmental Officer finds that more than one person was responsible for pollution as described in subsection (1), liability for undertaking the clean up or rehabilitation measures required pursuant to subsection (1) must be shared between those persons on a pro rata basis. (3) If any person fails or refuses to comply with a requirement imposed by the Chief Environmental Officer pursuant to subsection (1), within the period of time allowed for compliance specified in the notice, the Chief Environmental Officer may - (a) undertake the necessary clean up or rehabilitation measures, either directly or by employing contractors; and (b) recover the costs of so doing, or a proportional contribution to those costs, from that person as a civil debt. Data, planning and research 74. The Chief Environmental Officer must— (a) conduct research and studies relating to pollution control and hazardous substances including, where desirable— (i) pollution prevention, the nature, transportation, dispersion, effects, control and abatement of pollution and the effects of pollution on environmental quality; (ii) environmental contamination arising from disturbances of ecosystems by human activity; (iii) changes in the normal concentrations of substances that are naturally present in the environment; and (iv) detection and damage to ecosystems; (b) formulate plans for pollution prevention and the control and abatement of pollution, including plans respecting the prevention of, preparedness for and response to an environmental emergency and for restoring any part of the environment damaged by or during an emergency; (ba) establish, operate and publicise demonstration projects and make them available for demonstration; 42 (c) publish or arrange for the publication within 12 months of the entry into force of this Ordinance— (i) information respecting pollution prevention; and (ii) pertinent information in respect of all aspects of environmental quality. PART 10 LITTER Interpretation of this Part 75. In this Part— “litter” includes, without limiting the term— (a) any bottle, bag, jar, tin, can, carton, packet, wrapping or other container or portion thereof, whether or not the contents have been wholly or partly removed; (b) the discarded ends of cigarettes, cigars and like products; (c) discarded chewing-gum and the discarded remains of other products designed for chewing; and (d) refuse, animal remains and any other waste product; “open land” means land in the open air; and “Committee” means a Council Committee. Penalty for leaving litter 76. (1) A person must not throw down, drop or otherwise deposit any litter in or into a public place and leave it. (2) No offence is committed under subsection (1) if the depositing of the litter is— (a) authorised by law; or (b) done by or with the consent of the owner, occupier or other person having control of the place where it is deposited. (3) A person who contravenes subsection (1) commits an offence. Penalty: A fine of £1,000 (4) In sentencing a person convicted of an offence under this section, the court must have regard not only to the purpose of this section in preventing littering, but also to the nature, extent and quantity of the litter, the effect of the litter on the amenity of the environment and any resulting risk in the circumstances of the offence of injury to persons or animals or of damage to property and the cost of any remediation measures required or undertaken. Powers to control street litter 77. (1) Without affecting the powers of an enforcement officer to issue an environmental protection notice in any particular case, the Chief Environmental Officer may, with a view to the prevention of accumulations of litter or refuse in and around any street or open land adjacent to any street, issue a street litter control notice, imposing requirements on the occupier of any premises in relation to such litter or refuse, in accordance with this section. (2) If the Chief Environmental Officer is satisfied, in respect of any premises which have a frontage on a street, that— 43 (a) there is recurrent defacement by litter or refuse of any land, being part of the street or open land adjacent to the street, which is in the vicinity of the premises; (b) the condition of any part of the premises which is open land in the vicinity of the frontage is, and if no street litter control notice is served is likely to continue to be, detrimental to the amenities of the locality by reason of the presence of litter or refuse; or (c) there is produced, as a result of the activities carried on the premises, quantities of litter or refuse of a nature and in amounts likely to cause the defacement of any part of the street, or of open land adjacent to the street, which is in the vicinity of the premises, the Chief Environmental Officer may serve a street litter control notice on the occupier or, if the premises are unoccupied, on the owner of the premises. (3) A street litter control notice must— (a) identify the premises and state the grounds under subsection (2) on which it is issued; (b) specify an area of open land which adjoins or is in the vicinity of the frontage of the premises on the street; (c) specify, in relation to that area or any part of it, any reasonable requirements the authority considers appropriate in the circumstances, and, for the purposes of paragraph (b), an area which includes land on both sides of the frontage of the premises must be treated as an area adjoining that frontage. (4) A vehicle or stall or other moveable structure which is used for one or more commercial or retail activities while parked or set at a particular place on or verging a street is to be treated for the purposes of this section as if it were premises situated at that place having a frontage on that street in the place where it is parked or set. (5) When the Chief Environmental Officer proposes to serve a street litter control notice, he or she must— (a) inform the person on whom the notice is to be served; (b) give the person the opportunity to make representations about the notice within the period of 21 days beginning with the day on which the person is so informed; and (c) take any representations so made into account in making a decision. (6) A person on whom a notice has been served under subsection (2) or becomes subject to a notice under subsection (7) must inform any new or subsequent occupier of the premises to which the notice relates of the existence and contents of the notice. (7) A person who is a new or subsequent occupier of premises to which a street litter control notice applies must comply with the notice as if it had been served on that person, for the duration of that person’s occupation. (8) It is an offence for a person, without reasonable excuse, to fail - (a) to comply with a requirement imposed on the person by a street litter control notice; or (b) to notify a new or subsequent occupier of premises when required to do so by subsection (6). Penalty: A fine of £5,000. 44 Provision and maintenance of litter bins 78. (1) The Committee may provide and maintain in any street or public place receptacles for litter (in this section referred to as “a litter bin”). (2) In any place where a litter bin may be provided or maintained under this section, the Committee may put up notices about the leaving of refuse and litter, and for that purpose may erect and maintain notice boards. (3) A person who wilfully or recklessly removes or otherwise interferes with a litter bin or notice board provided or erected under this section commits an offence. Penalty: A fine of £1,000. PART 11 WASTE Definition of waste 79. Regulations made under section 11 may specify the types or categories of waste or the sources of waste which are included within or excluded from the definition of waste for the purposes of this Part. General duties and functions in relation to waste 80. (1) The Chief Environmental Officer must take, recommend or promote any general measures under Part 4 and carry out any other functions under this Ordinance that are necessary in order to achieve the objectives of this Ordinance as it applies to waste. (2) The objectives of this Ordinance as it applies to waste include— (a) minimising the generation of waste within St Helena; (b) the promotion of recycling and other environmentally sound management of waste within St Helena; (c) the provision of adequate facilities and services for the management of waste; and (d) any other objectives that are agreed from time to time as a matter of policy in St Helena. Penalty for unlawful deposit of waste 81. (1) A person must not deposit or knowingly cause or permit to be deposited any waste in a place to which this section applies. (2) This section applies to any public place, except— (a) a designated waste management site suitable for the type of waste deposited; (b) an area outside a property or premises in preparation for collection by the designated collection authority, provided the waste is deposited in accordance with any collection instructions issued by the identified collection authority; (c) any other area expressly designated or licensed under this Ordinance for the deposit or collection of waste. 45 (3) In subsection (2), “designated” means designated under subsection (4). (4) The Chief Environmental Officer, by notice in the Gazette, and subject to any terms and conditions he or she considers expedient— (a) must designate areas in St Helena to be waste management sites and specify the types of waste that may be deposited there; and (b) may from time to time designate other areas for the deposit or collection of waste. (5) It is immaterial for the purposes of this section whether the waste is deposited on land or in water. (6) A person who contravenes subsection (1) commits an offence. Penalty: A fine, or imprisonment for 5 years, or both. Powers to require removal of waste unlawfully deposited 82. (1) If any waste is deposited in any place in contravention of section 81 an enforcement officer may serve an environmental protection notice on the owner or occupier of the premises on which the waste is deposited to do either or both of the following— (a) to remove the waste from the place it is situated; (b) to take any other steps the enforcement officer considers necessary to eliminate or reduce the consequences of the deposit of the waste. (2) A person on whom a requirement imposed under subsection (1) above who fails, without reasonable excuse, to comply with the requirement commits an offence. Penalty: (a) A fine of £25,000, or imprisonment for 6 months, or both; and (b) in the case of a continuing offence, a fine of £100 for every day or part of a day on which the offence continues. (3) If it appears to the Chief Environmental Officer that waste has been deposited in or on any land in contravention of section 81 and that— (a) in order to remove or prevent pollution of land, water or air or harm to human health it is necessary that steps to remove the waste or steps to eliminate or reduce the consequences of the deposit or both be taken without delay; (b) there is no occupier of the land or the occupier cannot be found without the authority incurring unreasonable expense; or (c) the occupier neither made nor knowingly permitted the deposit of the waste, the Chief Environmental Officer may remove the waste from the land or take other steps to eliminate or reduce the consequences of the deposit or, as the case may require, to remove the waste and take those steps. (4) If the Chief Environmental Officer exercises any of the powers conferred by subsection (3) the Chief Environmental Officer is entitled to recover the cost incurred in removing the waste or taking the steps, or both, and in disposing of the waste— (a) in a case falling within subsection (3)(a) - from the occupier of the land unless the occupier proves that the occupier neither made nor knowingly caused nor knowingly permitted the deposit of the waste; (b) in any case - from any person who deposited or knowingly caused or knowingly permitted the deposit of any of the waste; except such of the cost as the occupier or that person shows was incurred unnecessarily. 46 (5) Any waste removed by the Chief Environmental Officer under subsection (3) above belongs to the Crown and may be dealt with accordingly. Waste management 83. (1) The Governor in Council may make regulations under section 11 in order to establish appropriate standards and procedures for the handling of wastes (including the collection, transportation, temporary storage and transfer of wastes), the re-use and re-cycling of wastes, the treatment of wastes and the disposal of wastes into the environment, including separate provisions with respect to any wastes designated in the regulations as hazardous wastes. (2) The regulations referred to in subsection (1) may provide for— (a) the grant by the Chief Environmental Officer of— (i) permits authorising any person to carry on activities relating to the handling of wastes, subject to terms and conditions the Chief Environmental Officer thinks fit; (ii) licences authorising the operation of any facility for the recycling or treatment of wastes or the disposal of wastes into the environment, including landfill or incineration operations, subject to terms and conditions the Chief Environmental Officer thinks fit; (b) the clean-up of existing waste disposal sites, the monitoring of waste disposal operations and the aftercare of closed landfill sites; and (c) the regulation or prohibition of— (i) the import or export of wastes; (ii) the disposal into the environment of any wastes suitable for reuse or recycling; (iii) any specific method of waste disposal; or (iv) the development of contaminated land. (3) The Governor in Council may by order provide for the operation of compulsory deposit-refund schemes to promote the reuse or recycling of wastes Transboundary movement of wastes and hazardous substances 84. (1) Without affecting other laws applicable to the import of goods into or the export of goods from St Helena, no person may import into or land or unload in St Helena, or load for export or export from St Helena, any waste or hazardous substance, or any product or substance derived from any such waste or hazardous substance, without approval granted by the Chief Environmental Officer and Collector of Customs and Excise in accordance with this section. (2) An application for such approval must be submitted to the Chief Environmental Officer in a form, giving particulars and supported by evidence, that the Chief Environmental Officer and Collector of Customs and Excise jointly require. (3) The Chief Environmental Officer may charge a fee for the grant of a licence. (4) The Chief Environmental Officer may refuse to grant approval as mentioned in subsection (1) if, in his or her opinion, this is reasonably required for the purpose of preventing 47 any risk of pollution of the environment or harm to human health arising from any waste or hazardous substance being imported or exported. (5) The Chief Environmental Officer may grant any such approval, subject to terms and conditions that he or she thinks fit, in relation to individual consignments or a series of consignments to the same person, but not in relation to consignments or classes of consignments generally. (6) It is an offence for a person, in contravention of section 84, to— (a) export or attempt to export waste from St Helena; (b) import waste into St Helena; or (c) participate in the movement of waste in transit through St Helena in the course of a transboundary movement. Penalty: A fine, or imprisonment for 5 years, or both. (7) Subsection (5) does not apply in respect of waste that is derived from the normal operations of a vessel, the discharge of which is covered by an international agreement. Regulations 85. (1) Regulations made under section 11 may establish requirements, standards, or procedures for— (a) handling of wastes (including the collection, transportation, temporary storage and transfer of wastes); (b) reuse and recycling of wastes; (c) treatment of wastes and disposal of wastes into the environment; (d) import and export of wastes, including separate provisions with respect to different types or categories of waste or with respect to waste from different sources or categories of sources, as specified in the regulations. (2) The regulations described in subsection (1) may also provide for— (a) the granting of permits authorising any person to carry on activities relating to the handling of wastes, subject to any terms and conditions the Chief Environmental Officer thinks fit; (b) the granting of licences authorising the operation of any facility for the recycling or treatment of wastes or the disposal of wastes into the environment, including landfill or incineration operations, subject to terms and conditions the Chief Environmental Officer thinks fit; (c) the clean-up of existing waste disposal sites, the monitoring of waste disposal operations and the aftercare of closed landfill sites; and (d) the operation of compulsory deposit refund schemes to promote the reuse or recycling of wastes. PART 12 CONTROL AND ENFORCEMENT Enforcement officers 48 86.4 (1) The Governor in Council may appoint in writing any public officer, either individually or on the basis of a class of persons, to be an enforcement officer for the purposes of this Ordinance. (2) With respect to any national conservation area or marine protected area for which a management plan has been adopted, the Governor in Council may appoint in writing any public officer to be a warden for the purposes of this Ordinance. (3) A warden appointed under subsection (2) has the functions and powers that the Governor in Council decides, but those powers and functions must be— (a) no more than the functions and powers of enforcement officers under this Ordinance; and (b) applicable only in respect of the national conservation area or areas in relation to which the appointment under subsection (2) was made. and in this Ordinance a reference to an enforcement officer includes a warden only to that extent. (4) The Chief Environmental Officer and other Environmental Officers, any customs officer, any police officer or, in respect of this Ordinance as is applies to the sea, the Chief Fisheries Officer and fisheries protection officers, are deemed to be enforcement officers for the purposes of this Ordinance, and the Chief Fisheries Officer and fisheries protection officers may exercise all the powers of an enforcement officer under the Fisheries Ordinance, 2021, for the purpose of enforcing the provisions of this Ordinance. Powers of entry, search and seizure 87. (1) Subject to subsections (2) and (3), an enforcement officer may at any reasonable time enter any premises or enter or board any vehicle, vessel or aircraft for the purposes of checking compliance with this Ordinance, or for carrying out other functions of an enforcement officer under this Ordinance. (2) An enforcement officer exercising the power to enter premises or to enter or board any vehicle under subsection (1) - (a) must, if so required by the owner or occupier of the premises, vehicle or vessel as the case may be, produce evidence of his or her authority before entering; and (b) subject to subsection (3), is not entitled to admission as of right to any premises which are occupied, unless 24 hours notice of the intended entry is given to the occupier. (3) If the Chief Environmental Officer has reason to believe that a contravention of the provisions of this Ordinance or any regulations made under it has occurred or is about to occur, and the circumstances are such that giving notice of the intended entry would defeat the purpose for which entry is sought, an enforcement officer may enter any premises under a warrant issued by a Justice of the Peace. (4) In the course of any entry under this section, the enforcement officer may - (a) carry out any inspection or survey; (b) seize any equipment or article being used in the commission of an offence; (c) review and copy any documents or other records (in whatever form they may be 4 Section 86 amended by Ord. 14 of 2021 49 held); (d) take photographs or other audio or visual recordings; and (e) take samples of air, water, soil or other material found on or in the premises, vehicle or vessel. (5) An enforcement officer may, for the purpose of exercising any of the powers under subsection (4), open, or authorise any person to open on behalf of the enforcement officer any container or package or require the owner or any person in charge of any container or package to open it, in a manner the enforcement officer specifies. (6) An enforcement officer may, so far as is necessary to enable the officer to exercise any of the powers conferred by subsection (4), prohibit entirely or to an extent he or she specifies the movement, treatment or destruction of any object, container or package. (7) If any such record or document as is mentioned in subsection (4) is kept by means of a computer, an enforcement officer may— (a) have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the record or document; and (b) require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford the enforcement officer such assistance as he may reasonably require. Powers to search, inspect and seize objects 88. (1) An enforcement officer may examine and search any object that he or she suspects on reasonable grounds may provide evidence that an offence under this Ordinance has been, is being, or is about to be committed. (2) For the purposes of examining and searching any object under subsection (1) an enforcement officer may, if the object is a container or receptacle (including luggage) open, or break open, the container or receptacle. (3) An enforcement officer may search for and record fingerprints found on any object to which subsection (1) relates and take a sample from an object. (4) An enforcement officer must exercise due care to ensure that there is as little damage as possible to an object from which he or she takes a sample. (5) An enforcement officer may seize and detain any object that he or she suspects on reasonable grounds may provide evidence that an offence under this Ordinance has been, is being, or is about to be committed. (6) An object may only be seized under paragraph (5) by an enforcement officer if the officer gives to the person, if any, who appears to him or her to be the owner of, or to be entitled to possession of, the object, a receipt identifying the object and indicating the date on which, and the place at which, it was seized. Powers to inspect and seize specimens 50 89. (1) An enforcement officer who suspects on reasonable grounds that an offence is being, or is about to be committed under this Ordinance in relation to any specimen, may inspect, seize and detain the specimen. (2) An enforcement officer may take a sample from, or require a person to take a sample from, a specimen. (3) An enforcement officer must— (a) only take a sample from an animal in accordance with the advice of a veterinary surgeon; and (b) exercise due care to ensure that as little pain or injury as possible is caused to an animal, and as little damage as possible is caused to a plant, from which he or she takes a sample. (4) An enforcement officer may search for, and record, fingerprints found on any specimen. (5) If a specimen is seized under this section by an enforcement officer, he or she must give to the person, if any, who appears to be the owner of, or to be entitled to possession of, the specimen a receipt identifying the specimen and indicating the date on which, and the place at which, it was seized. (6) A specimen that is seized under this section may be held at a rescue centre until— (a) a prosecution for an offence under this Ordinance in relation to the specimen is abandoned or the defendant is acquitted of such an offence; (b) the Management Authority gives permission to the person whom he or she or it believes to be entitled to the possession of it the specimen to take the specimen from that place; or (c) a court determines that a person other than the Management Authority should have possession of the animal or plant, whichever occurs first. Power to stop, detain, board and search vehicles, vessels and aircraft 90. (1) If an enforcement officer suspects on reasonable grounds that there may be on or in a vehicle, vessel or aircraft evidence that an offence under this Ordinance has been, is being, or is about to be, committed, he or she may, at any reasonable time, take any or all of the following actions— (a) stop and detain the vehicle, vessel or aircraft; (b) with such assistance as he or she thinks necessary, enter or board the vehicle, vessel or aircraft; (c) search the vehicle, vessel or aircraft for evidence that an offence under this Ordinance has been, is being, or is about to be, committed; (d) request a person on the vehicle, vessel or aircraft to provide to any enforcement officer the assistance that the officer reasonably requires in the exercise of any of the powers of an enforcement officer under this Ordinance; (e) exercise on or in the vehicle, vessel or aircraft any of the powers of an enforcement officer under this Ordinance. 51 (2) If an enforcement officer has reasonable grounds to suspect that an object is to be taken on, or has been taken off, a vessel or aircraft that is intended to leave St Helena or that has entered St Helena with the object on board, the enforcement officer may— (a) search the object; and (b) if the object is luggage or a container, open and search the luggage or container, for evidence that an offence under this Ordinance has been, is being or is about to be committed. (3) It is an offence for a person to fail to— (a) comply with a request by an officer to stop a vehicle, vessel or aircraft; or (b) permit an officer to board the vehicle, vessel or aircraft after such a request is made. Penalty: A fine of £50,000 or imprisonment for 12 months, or both. Forfeiture to Government 91. If an enforcement officer seizes an object, including a specimen, the owner of which cannot be identified, the object is forfeited to the Government. Dealing with forfeited specimens 92. (1) If a specimen is forfeited to the Government under this Ordinance, the Chief Environmental Officer must ensure that a notice is published in a newspaper circulating in St Helena specifying the specimen seized and requesting the owner to contact, within 14 days after the publication of the notice, a person specified in the notice. (2) Whether or not the owner of a specimen is identified, the Management Authority may— (a) sell or give the specimen to another person (including the owner); (b) retain any animal or plant specimen at a rescue centre; (c) if the animal or plant is not alive, dispose of it; (d) in the case of an animal, destroy the animal if the Management Authority thinks it is necessary or desirable to do so to cease the animal’s suffering or to remove the risk of the animal spreading disease; (e) in the case of a plant, destroy the plant if it the Management Authority thinks it is necessary or desirable to do so to remove the risk of the plant spreading disease; (f) destroy the animal or plant, if the Management Authority thinks it necessary or desirable to do so to ensure the health of the species to which the animal or plant belongs; or (g) transport, or ensure the transportation of, the animal or plant back to a country or territory from which the Management Authority believes it was taken from the wild or exported to St Helena. (2A) The destruction of an animal under subsection (2)(d) or (f) may only be undertaken on the advice of a veterinary surgeon. (3) Any expenses reasonably incurred by the Management Authority in exercise of the powers under this section, including the cost of any veterinary treatment reasonably required in respect of any animal, are recoverable as a civil debt from the owner or person having, or appearing to have, care or custody of the specimen. 52 Sampling and testing 93. (1) When a sample is taken by an enforcement officer exercising powers under this Ordinance, the officer taking the sample must— (a) notify the person in charge of the premises, vehicle or vessel from which the sample was obtained of his or her intention to submit the sample for analysis or examination; (b) divide the sample into 3 parts, causing each part to be marked and sealed in a manner the nature of the sample permits; (c) deliver one of the parts to the person in charge of the premises, vehicle or vessel from which the sample was obtained; (d) retain one of the parts for future comparison or verification; and (e) submit the third part for analysis or examination as soon as practicable. (2) Every sample taken in accordance with subsection (1) must be submitted to a designated scientific laboratory for analysis or examination in accordance with accepted forensic procedures. False statements, documents, etc. 94. (1) A person must not make a statement that is false or misleading in any material particular in any application or in other information given to an enforcement officer under this Ordinance. (2) A person must not falsify or alter any document that is granted, served or issued by an authority or enforcement officer under this Ordinance or provide to an authority or enforcement officer a document that has been falsified or altered by the person or that the person knows to have been falsified or altered. (3) A person who contravenes subsection (1) or (2) commits an offence. Penalty: A fine of £25,000 or imprisonment for 6 months, or both. Person must not hinder etc. officer 95. (1) A person must not wilfully or recklessly delay, hinder or obstruct an enforcement officer in the exercise of his or her powers under this Ordinance. (2) A person who contravenes paragraph (1) commits an offence. Penalty: A fine of £25,000 or imprisonment for 6 months, or both. Offence to alter etc. marking 96. (1) A person other than an enforcement officer must not alter, obscure, add to or remove a mark in relation to any animal, plant or object made by an enforcement officer in exercise of a function under this Ordinance. (2) A person who, without reasonable excuse, contravenes paragraph (1) commits an offence. Penalty: A fine of £25,000 or imprisonment for 6 months, or both. 53 PART 13 ENVIRONMENTAL PROTECTION NOTICES Power to serve environmental protection notices 97. (1) If— (a) provision is made in this Ordinance for the service of an environmental protection notice under this Part; and (b) any of subsections (3) to (5) applies, an enforcement officer may serve an environmental protection notice on the owner or, as the case may be, occupier of the premises in relation to which steps need to be taken to protect the environment. (2) Prior to an environmental protection notice being served, the Chief Environmental Officer must offer to the intended recipient of the notice to enter into an agreement to take, or refrain from taking, those steps which may be specified under section 99(1) in relation to the proposed environmental protection notice (referred to in this Part as an “environmental protection agreement”). (3) This subsection applies where— (a) the Chief Environmental Officer has offered to enter into an environmental protection agreement; (b) 42 days have elapsed since the date of the offer; and (c) the owner or occupier has refused or otherwise failed to enter into the agreement. (4) This subsection applies where— (a) a person has entered into an environmental protection agreement with the Chief Environmental Officer; and (b) the person has failed to comply with the terms of the agreement. (5) This subsection applies where an enforcement officer has failed to ascertain the name or address of any owner or occupier of the premises (having made reasonable efforts to do so) and accordingly has not been able to offer to enter into an environmental protection agreement. (6) Subsection (4) does not apply unless— (a) the enforcement officer has given notice in accordance with subsection (2) stating that the Chief Environmental Officer wishes to offer to enter into an environmental protection agreement; (b) 48 hours have passed since the notice was given; and (c) no owner or occupier of the premises has identified themselves to the Chief Environmental Officer. (7) A notice under this subsection must be addressed to “The owners and any occupiers” of the premises (describing them) and a copy of it must be affixed to some conspicuous object on the premises. 54 (8) If action is taken in accordance with subsection (7), the Chief Environmental Officer is to be treated as having provided notice to each owner or occupier whose name and address is unknown). Emergency environmental protection notices 98. (1) If an enforcement officer considers that the service of an environmental protection notice is urgent, an enforcement officer may, despite section 97(1)(b), serve an environmental protection notice whether or not any of subsections (2) to (4) of section 97 apply. (2) An emergency environmental protection notice expires 49 days after it is made. Content of environmental protection notices 99. (1) An environmental protection notice must— (a) describe the premises to which it relates; (b) specify the purpose of the notice, including the environmental harm, danger or nuisance (in this section referred to as an “environmental problem”) that is the subject of the notice; (c) specify, to the extent necessary— (i) any operations which are to be carried out on the premises or other actions that must be taken for the purpose of preventing, controlling or eradicating the environmental problem; (ii) the manner in which those operations are to be carried out; (iii) the person or persons who are to carry out those operations; and (iv) the time-frame within which those operations are to be carried out; (d) specify any operations or actions which must not be carried out on the premises (referred to in this Part as “excluded operations”); and (e) specify the date on which the notice is to come into effect and the period for which it is to have effect. (2) An environmental protection notice, other than an emergency environmental protection notice, may provide for the making of payments by the owner or occupier of the premises to which the notice relates, to any person in respect of reasonable costs incurred by a person carrying out an operation under the notice. Offences in relation to environmental protection notices 100. (1) A person must not, without reasonable excuse, fail to carry out, in the manner required by an environmental protection notice, an operation which the person is required by the notice to carry out. (2) A person must not intentionally obstructs any person from carrying out an operation required to be carried out under an environmental protection notice. commits an offence. (3) A person must not, without reasonable excuse, carry out, or cause or permit to be carried out, any excluded operation. (4) A person who contravenes subsection (1), (2) or (3) commits an offence. 55 Penalty: A fine of £25,000 or imprisonment for 6 months, or both. Miscellaneous provisions as to environmental protection notices 101. (1) An environmental protection notice served under this Ordinance may— (a) specify one or more requirements or alternative requirements; and (b) define by reference to a map or plan or otherwise the extent of the premises referred to in the notice. (2) Any treatment, destruction or disposal required by an environmental protection notice served under this Ordinance must be carried out or arranged to be carried out by the person on whom the notice is served— (a) to the satisfaction of an enforcement officer; and (b) from or at a place designated by an enforcement officer. (3) An enforcement officer may amend or withdraw an environmental protection notice served under this Ordinance by a further notice served on the person on whom the original notice was served or on the person who is the occupier or in charge of the premises in respect of which the further notice is intended to be served. (4) A notice under subsection (3) may be subject to any conditions the enforcement officer considers expedient to impose for the purpose of ensuring that the objectives of the original notice, where they continue to exist, are met. PART 14 GENERAL PROVISIONS AS TO NOTICES Application of this Part 102. In this Part, “notice” includes— (a) an environmental protection notice; (b) an emergency environmental protection notice; and (c) a street litter control notice. Appeals against notices 103. (1) A person— (a) on whom any notice is served under this Ordinance; or (b) is subject to the imposition of requirements under any environmental protection notice served under this Ordinance, may within the period of 21 days of the date of service appeal against the notice to the Magistrates’ Court. (2) On any appeal under subsection (1) the court must modify or quash the notice, as appropriate, if satisfied that— (a) the service of the notice, or any requirement contained in it, is not reasonable in all the circumstances; (b) there is a material defect in the notice; and in any other case must dismiss the appeal. 56 Service of notices 104. (1) A notice under this Ordinance may be served on any person–– (a) by delivering it to the person personally; (b) by leaving it for the person at the person’s usual or last known place of abode or business; (c) by sending it in a prepaid registered letter addressed to the person at the person’s usual or last known place of abode or, where an address for service has been given by that person, at that address; or (d) in the case of a body corporate, or other body, by delivering it to a director or other officer of that body at its registered or principal office in St Helena, or by sending it in a prepaid registered letter addressed to the secretary or other officer of that body at that office. (2) If a notice or other document required or authorised to be given or served under this Ordinance is to be served on the occupier or other person in charge of premises, and the last known place of abode or business of that person cannot be ascertained after reasonable inquiry, the notice is to be taken to be served 7 days after it has been addressed to “the occupier” and affixed conspicuously to an object on the premises to which the notice relates. (3) If a notice is served under this Ordinance, an enforcement officer may, either in that notice or in a separate notice served on the owner or on such other person as appears to the enforcement officer to be in charge of the premises to which the notice relates, require the person on whom the notice is served to inform— (a) the Chief Environmental Officer of any change in the occupation of the premises to which the notice relates together with the date of the change and the name of the new occupier; and (b) the new occupier of the premises of the contents of the notice. Coming into effect of notices 105. Unless a notice specifies a later date under section 99(1)(e)— (a) an emergency environmental protection notice comes into effect at the time it is served; and (b) any other notice comes into effect either— (i) upon the expiry of the time limit for appealing against the decision to serve the notice; or (ii) if such an appeal is made, on the date of withdrawal of the appeal or on the date of its final determination, subject to any directions the court may make. Failure to comply with a notice 106. (1) Subject to section 109, if any person fails to comply with a notice served, or deemed to be served, on the person under this Ordinance then, without affecting any proceedings consequent upon such failure, an enforcement officer may, for the purposes of this Ordinance and on production if so required of his or her authority - (a) at any reasonable time, enter any premises to which the notice relates; and (b) take or cause to be taken any steps that appear to the enforcement officer to be necessary either to ensure compliance with the requirements of the notice or to 57 remedy the consequences of the failure to carry them out. (2) An enforcement officer entering any premises under subsection (1) may take with him or her any other persons and any equipment and vehicles he or she considers necessary for the purposes of facilitating the exercise of the powers under that subsection. (2A) A person who goes with an enforcement officer as contemplated by subsection (1, whether or not accompanied by the enforcement officer and on production, if so requested, of a written authority by the Chief Environmental Officer, may remain on the premises and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work and in such manner as the enforcement officer directs. (3) If an enforcement officer takes any steps pursuant to paragraph (1), the Chief Environmental Officer may recover all reasonable costs of taking such steps as a debt from the person on whom the notice was served. Information as to compliance with notices 107. A person on whom an environmental protection notice has been served, or is deemed to have been served, under this Ordinance must, if so required by an enforcement officer, immediately inform the enforcement officer whether the requirements of the notice have been complied with and, if they have been complied with, of the details of the steps taken in order to comply with those requirements. Information to be given 108. (1) An enforcement officer may by notice served on any person require that person to give to the enforcement officer within a reasonable time specified in the notice any information described in subsection (2). (2) The information referred to in subsection (1) is any information, specified in the notice, which the enforcement officer reasonably considers is needed for purposes connected with implementation of this Ordinance. PART 15 OFFENCES AND LIABILITY Offences 109. (1) No person may contravene any provision of this Ordinance or of any regulations or orders, or the terms and conditions of any permit or other documentary authorisation granted or agreement made, under this Ordinance. (2) Any person who obstructs an enforcement officer acting in the exercise of his or her powers under this Ordinance commits an offence. Penalty: A fine of £25,000 or imprisonment for 6 months, or both. (3) It is an offence for a person, for the purpose of procuring a licence or in providing information as to compliance with an environmental enforcement notice served on the person— (a) knowingly or recklessly to make a statement which is false in a material 58 particular; or (b) intentionally to fail to disclose any material information. Penalty: A fine of £25,000 or imprisonment for 6 months, or both. (4) Unless a different or other penalty or punishment is specifically prescribed, a person who contravenes subsection (1) commits an offence. Penalty: (a) for a first offence - a fine of £2,500; (b) for a second or further offence - a fine of £5,000 or imprisonment for 3 months; (c) for a continuing offence - a further penalty of £50 for each day during which the offence continues. (5) In addition to any fine or imprisonment which the court may impose pursuant to this Ordinance, the court may also order a person convicted of an offence under this Ordinance to— (a) remedy any environmental condition or damage to the environment arising out of the offence by a date specified in the order; and (b) pay compensation into the Consolidated Fund for any economic benefit gained or any amount of money saved by the person as a result of the offence. Liability for loss, damage and costs 110.

(1) Without affecting any civil remedies the Government or any other person may have, a person who commits an offence under this Ordinance or any regulations made under it may, upon conviction, and in addition to any penalty imposed on that person under this Ordinance, be held liable to the Government for— (a) any costs incurred in detecting, apprehending, investigating or prosecuting the offence; (b) any costs incurred in detaining or seizing any property, including the costs of dealing with forfeited specimens; (c) any costs incurred in remedying, mitigating or repairing any environmental damage attributable to the commission of the offence; and (d) loss or damage to biodiversity, habitats or ecosystems. (2) A court may order a person convicted of an offence to pay a sum in compensation for loss, damage or costs as mentioned in subsection (1) in addition to a fine or imprisonment, and any such sum may be recovered in the same manner as a fine. PART 16 JURISDICTION, EVIDENCE AND PROCEDURE Scientific evidence 111. (1) The Governor must by order appoint at least one laboratory or testing facility in St Helena, or other countries as appropriate, as a scientific laboratory for the purposes of this Ordinance (in this section referred to as a “designated scientific laboratory”). (1A) The Chief Environmental Officer may establish or recognise other environmental laboratories, institutes or testing facilities to carry out the functions entrusted to such environmental laboratories, institutes or testing facilities under this Ordinance. 59 (2) A certificate signed by the person in charge of a designated scientific laboratory appointed under subsection (1), stating that an object or substance has been analysed or examined and stating the results of the analysis or examination, is admissible in any proceeding under this Ordinance as sufficient evidence of the matters in the certificate and of the correctness of the results of the analysis or examination. (3) A certificate must not be admitted into evidence under subsection (2) in proceedings for an offence under this Ordinance unless the defendant has been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceedings. (4) In any proceedings for an offence against this Ordinance, the defendant cannot adduce evidence in rebuttal of a certificate issued by a designated scientific laboratory in relation to any matter of which the certificate is evidence unless, within 14 days after a copy of the certificate is given to the defendant in accordance with subsection (3), or any further time the court allows, the defendant gives to the prosecutor notice in writing of the intention to adduce such rebuttal evidence. Private party actions 112. (1) Any person who is aggrieved by a contravention of this Ordinance may, with the leave of the court, institute proceedings against any other person whom the person aggrieved reasonably suspects is responsible for that contravention. (2) The court may grant leave to institute proceedings pursuant to subsection (1) to any person or group of persons who has or have a specific interest in the claimed contravention of the Ordinance or any other person or group of persons who can satisfy the court that the proceedings are justifiable in the public interest. (3) In any proceedings brought under this section, the burden of proof is on the person who institutes the proceedings. (4) In the event that the court awards costs to the person against whom the proceedings are brought, the person who instituted the proceedings is liable for payment of the costs awarded. (5) The Attorney General may intervene in any proceedings instituted by any person under this section, as of right. Liability of corporate bodies 113. (1) When an act or omission that is offence under this Ordinance or any regulations made under it has been committed by a corporate body, any individual who was at the material time a director, partner, owner or officer of that corporate body may be found personally liable for that offence, in addition to or in substitution for any liability to which the corporate body is subject, if that act or omission was done with the individual’s knowledge, consent or acquiescence, or if he or she did not exercise reasonable diligence to prevent the commission of that offence. 60 (2) In any proceedings against a director, partner, owner or officer of a company pursuant to subsection (1), the onus of proving that the offence was committed without his or her knowledge, consent or acquiescence or despite the exercise of reasonable diligence on his or her part is on the defendant. Reservation of civil remedies 114. Nothing in this Ordinance takes away or interferes with the right of the Crown or any other person to sue for and recover, at common law or otherwise, compensation for or in respect of damage or injury caused by an offence under this Ordinance. Penalties under the Ordinance not substituted for others 115. Nothing in this Ordinance is to be construed to prevent anyone being prosecuted under any other law for an act or omission that constitutes an offence under this Ordinance or regulations made under it, or from being liable under that other law to a higher punishment or penalty than is provided by this Ordinance, provided that no one must be punished twice for the same offence. Acts done in good faith 116. No person authorised by or under this Ordinance to carry out any function or exercise any power or perform any duty may be held personally liable in any court for or in respect of any act or matter done, or omitted to be done, in good faith in the exercise or discharge of that function or power or duty. PART 17 MISCELLANEOUS Service of documents other than notices 117. (1) Any document required or authorised to be given or served under this Ordinance, except for any notice to which Part 9 applies, may be served on any person–– (a) by delivering it to the person personally; (b) by leaving it for the person at the person’s usual or last known place of abode or business; (c) by sending it in a prepaid registered letter addressed to the person at the person’s usual or last known place of abode or, where an address for service has been given by that person, at that address; or (d) in the case of a body corporate, or other body, by delivering it to a director or other officer of that body at its registered or principal office in St Helena, or by sending it in a prepaid registered letter addressed to the secretary or other officer of that body at that office. (2) If the document required or authorised to be given or served under this Ordinance is to be served on any person having an interest in land or on the occupier or other person in charge of premises, and the last known place of abode or business of that person cannot be ascertained after reasonable inquiry, the notice must be taken to be served 7 days after it has been addressed to “the occupier” and affixed conspicuously to an object on the premises to which the notice relates. 61 Application to Crown 118. This Ordinance binds the Crown. PART 18 REPEALS AND TRANSITIONAL PROVISIONS Repeals, savings, consequential amendments and transitional provisions 119. (1) The following enactments are repealed— (a) Litter Ordinance, Cap. 58; (b)5 … (c) Endangered Species Protection Ordinance, 2003. (2) Omitted (3) This Ordinance must be treated (for the purposes of section 10(2) of the Interpretation Ordinance, Cap. 3) as repealing and re-enacting the Ordinances listed in subsection (1). (4) Every permit, licence, certificate, declaration or notice issued under any Ordinance listed in subsection (1) and remaining in force or having effect immediately prior to the commencement of this Ordinance remains in force and has effect as if it had been made under a corresponding provision of this Ordinance. (5) Omitted (6) Every officer appointed under any Ordinance listed in subsection (1) and holding office under any of those Ordinance on the date this Ordinance comes into force, continues, until replaced, to hold office as if this Ordinance had been in force at the time of the appointment of such officer. (7) Every order, direction, decision or request made by any person authorised to make such orders, directions, decisions or requests under any Ordinance listed in subsection (1) is, if still subsisting, deemed to be an order, direction or decision made under the corresponding provisions of this Ordinance and has effect accordingly. ___________________ SCHEDULE 1 (Sections 17(1) and 18(3)) MULTILATERAL ENVIRONMENTAL AGREEMENTS EXTENDED TO ST HELENA Agreement Date extended to St Helena Convention on Third Party Liability in the Field of Nuclear 19th April 1972 Energy (29th July 1960) 5 Section 119(1)(b) not in force yet (See LN 4 of 2016). Paragraph (b) repealed by Ord. 14 of 2021 62  Additional Protocol to the Convention on Third 19th April 1972 Party Liability in the Field of Nuclear Energy (28th January 1964)  Protocol to Amend the Convention on Third Party 19th August 1985 Liability in the Field of Nuclear Energy of 29th July 1960, as amended by the Additional Protocol of 28th January 1964 (16th November 1982) International Convention on the Regulation of Whaling 17th February 1973 (2nd December 1946) Convention on the Prevention of Marine Pollution by 17th November 1975 Dumping of Wastes and Other Matter (29th December 1972)  Amendments to Articles I & II of the Convention 9th March 1979 on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (12th October 1978)  Amendments to Articles XI, XIV(4)(A) and 21st March 1980 XV(1)(A) of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (12th October 1978)  1996 Protocol to the Convention on the Prevention 15th December 1998 of Marine Pollution by Dumping of Wastes and Other Matter (22nd September 1997) Convention on Wetlands of International Importance, 5th January 1976 especially as Waterfowl Habitat (2nd February 1971)  Amendments to Articles 6 & 7 of the Convention 27th June 1990 on Wetlands of International Importance (28th May 1987)  Protocol to amend the Convention on Wetlands of 19th April 1984 International Importance especially as Waterfowl Habitat (3rd December 1982) International Convention on International Trade in 2nd August 1976 Endangered Species (CITES) of Wild Fauna and Flora (3rd March 1973) International Convention relating to Intervention on the 8th September 1982 High Seas in cases of Oil Pollution Casualties (29th November 1969)  Protocol relating to Intervention on the High Seas 9th September 1982 in cases of Oil Pollution by Substances other than Oil (2nd November 1973) Convention for the Protection of World Cultural and 29th May 1984 Natural Heritage (16th November 1972) Convention on the Conservation of Migratory Species of 23rd July 1985 Wild Animals (23rd June 1979)  Agreement on the Conservation of African- Eurasian Migratory Waterbirds (15th August 1996) Vienna Convention for the Protection of the Ozone Layer 22nd February 1999 (22nd March 1985) 63  Montreal Protocol on Substances that Deplete the 15th May 1987 Ozone Layer (16th September 1987) Protocol on Environmental Protection to the Antarctic 16th December 1988 Treaty (4th October 1991) Convention on Biological Diversity (5th June 1992) 25th May 1995 United Nations Convention to Combat Desertification in 3rd June 1994 Countries experiencing serious drought and/or desertification, particularly in Africa (14th October 1994) United Nations Convention on the Law of the Sea (10th 18th October 1996 December 1982) Agreement relating to the implementation of Park XI of the 25th July 1997 United Nations Convention on the Law of the Sea of 10.12.1982 (28th July 1994) Protocol to amend the International Convention on Civil 25th July 1997 Liability for Oil Pollution Damage of 29th November 1969 (27th November 1992) Protocol to amend the International Convention on the 15th May 1998 Establishment of an International Fund for Compensation for Oil Pollution Damage of 18th December 1971 (27th November 1992) Convention on the Conservation and Management of 15th May 1998 Fishery Resources in the South East Atlantic Ocean (20th April 2001) Agreement for the Implementation of the Provisions of the 20th April 2001 United Nations Convention on the Law of the Sea of 10 December 1982, relating to the Conservation and Management of Straddling Fish Stock and Highly Migratory Fish Stocks (4 December 1995) 9th January 2002 SCHEDULE 2 (Section 19) PROTECTED ANIMALS AND PLANTS PART 1 - ANIMALS Marine Species Family Scientific Local Name Global Name International Name Designation Fish Scombridae Thunnus Coffrey Bigeye Tuna IUCN obesus Vulnerable Syngnathidae Hippocampus Seahorse Lined Seahorse, AIU1CbNd erectus Northern Vulnerable Scorpaenidae Pontinus Deepwater Jack SDeeaehpowrsaete r Jack AIU4CcdN nigropunctatus Vulnerable D2 64 Family Scientific Local Name Global Name International Name Designation Moridae Physiculus Skulpin Skulpin IUCN helenaensis Critically Pomacentridae Stegastes Bastard Cavalley EIUnCdaNn gered D sanctaehelenae Pilot Vulnerable D2 Pomacentridae Chromis Bastard Five IUCN sanctaehelenae Finger Vulnerable D2 Callionymidae Callionymus St Helena IUCN sanctaehelenae Dragonet Critically Istiophoridae Kajikia albida White Marlin White Marlin EIUnCdaNn gered D Vulnerable Serranidae Holanthias Deepwater A 2bd fronticinctus Greenfish Scorpaenidae Scorpaena Deepwater mellissii Gurnard Labridae Thalassoma Greenfish sanctaehelenae Congridae Ariosoma Silver Eel mellissii Blenniidae Scartella Springer's Blenny springeri Gobiidae Priolepis Ascension Goby ascensionis Tripterygiidae Helcogramma Ascension ascensionis Triplefin Chaetodontidae Prognathodes Bastard dichrous Cunningfish Tetraodontidae Canthigaster Bastard Hogfish sanctaehelenae Chaetodontidae Chaetodon Cunningfish St Helena sanctaehelenae Butterfly Fish Serranidae Serranus Deepwater Brown St Helena sanctaehelenae Mullet Comber Ostraciidae Acanthostracio Hogfish Island Cowfish n notacanthus Labridae Xyrichtys Marmalade Marmalade blanchardi Razorfish Razorfish Labridae Bodianus Parrotfish Parrotfish insularis Apogonidae Apogon Red Mullet axillaris Scorpaenidae Scorpaenodes Red Scorpionfish Red Scorpionfish insularis Scaridae Sparisoma Rockfish strigatum Labridae Xyrichtys Sand Greenfish Yellow Razorfish sanctaehelenae 65 Family Scientific Local Name Global Name International Name Designation Ophicthidae Phaenomonas Short-maned longissima Sand Eel Bothidae Bothus mellissi Solefish/Flounder Blenniidae Entomacrodus Textile Blenny Textile Blenny textilis Crustaceans Palinuridae Panulirus Brown Spiny IUCN Least echinatus Lobster (when in Concern berry) Scyllaridae Scyllarides Stumpy Slipper Lobster IUCN obtusus Critically Sharks Engandered Rhincodontidae Rhincodon Bone Shark Whale Shark IUCN Typus Vulnerable Carcharhinidae Prionace Blue Shark Blue shark IUCN Near glauca Threatened Pseudocarchariida Pseudocarchar Crocodile shark Crocodile Shark IUCN Near e ias kamoharai Threatened Lamnidae Isurus Dog shark Shortfin Mako IUCN oxyrinchus Vulnerable Carcharhinidae Carcharhinus Mackerel shark Galapagos Shark AN2eaarb d+3bd+4 galapagensis aTbhdr e a tened Sphyrnidae Sphyrna sp. Shovel-nose shark Alopiidae Alopias Whiptail Bigeye Thresher IUCN superciliosus Vulnerable Carcharhinidae Carcharhinus Whitetip Oceanic Whitetip AIU2CbNd longimanus Shark, Whitetip Vulnerable Mobulidae Mobula Chilean Devil WDehvaille Rr ay ACM2aSd +li3sdte+d4 ad tarapacana Ray Turtles Cheloniidae Eretmochelys Hawksbill Turtle Hawksbill Turtle IUCN imbricata Critically Cheloniidae Chelonia Green Turtle Green Turtle EIUnCdaNn gered mydas AEn2dbadn gered A2bd Cetaceans Balaenopteridae Megaptera Humpback whale Humpback Whale CITES novaeangliae Appendix I Delphinidae Stenella Porpoise Pantropical CITES attenuata Spotted Dolphin Appendix II Delphinidae Tursiops Cow Porpoise Bottlenose CITES truncatus Dolphin Appendix II Delphinidae Steno Angerline Rough-toothed CITES bredanensis Dolphin Appendix II 66 Family Scientific Local Name Global Name International Name Designation Delphinidae Stenella Spinner Spinner Dolphin CITES longirostris Appendix II Physeteridae Physeter Sperm whale Sperm Whale CITES macrocephalus Appendix I Ziphiidae Mesoplodon Blainvilles Blainville Beaked CITES densirostris Beaked Whale Whale Appendix II Physeteridae Kogia brevicps Pigmy Sperm Pigmy Sperm CITES Whale Whale Appendix II Physeteridae Kogia sima Dwarf Pigmy Dwarf Pigmy CITES Sperm Whale Sperm Whale Appendix II Seabirds Hydrobatidae Oceanodroma Maderian Storm Maderian Storm IUCN Least castro Petrel Petrel concern Phaethontidae Phaethon Trophy Bird Red-billed IUCN Least aethereus Tropicbird concern Sulidae Sula dactylatra Gannet Masked Booby IUCN Least concern Sulidae Sula leucogaster Duck Brown Booby IUCN Least concern Sternidae Onychoprion Wideawake Sooty Tern IUCN Least fuscatus concern Sternidae Anous stolidus Common Noddy Brown Noddy IUCN Least concern Sternidae Anous minutus Egg Bird Black Noddy IUCN Least concern Laridae Gygis alba White Bird Fairy Tern IUCN Least concern Procellariidae Bulweria Bulwers Petrel Bulwers Petrel IUCN Least Bulwerii concern Hydrobatidae Pelagodroma White Faced White Faced IUCN Least marina Storm Petrel Storm Petrel concern Sulidae Sula Sula Red Footed Red Footed IUCN Least Booby Booby concern Stercorariidae Stercorarius Cape Hen Promarine Skua IUCN Least pomarinus concern Stercorariidae Stercorarius Cape Hen Arctic Skua IUCN Least parasiticus concern Procellariidae Puffinus griseus Sooty Shearwater IUCN Near threatened Procellariidae Puffinus Little Shearwater IUCN Least lherminieri concern Fregatidae Fregata ariel Lesser frigatebird Fregatidae Fregata minor Great Frigate Bird Fregatidae 67 Family Scientific Local Name Global Name International Name Designation Terrestrial Species Avian Charadrius St Helena St Helena Plover IUCN Critically sanctaehelenae Wirebird Endangered Gallinula Water Fowl, Moorhen CIU2Ca(Nii )L east chloropus Water Hen, Concern vers. 3.1 Charadriidae W ater Duck, Water Bird Rallidae Invertebrates Lepismatidae Ctenolepisma Violet-Marked sanctaehelenae Silverfish Libellulidae Sympetrum St Helena dilatatum Dragonfly Tettigoniidae Phaneracra Bartlett's Cricket bartletti Tettigoniidae Phaneracra Uvarov's Cricket uvarovi Gryllidae Gryllus Abnormal Field abnormis Cricket Gryllidae Myrmecophilus Ant Loving sanctaehelenae Cricket Acrididae Tinaria calcarata Acrididae Primnia sanctaehelenae Anisolabididae Labidura Giant Earwig herculeana Carabidae Aplothorax Giant Ground burchellii Beetle Carabidae Notaphus mixtus Melliss's Ground mellissii Beetle Carabidae Pseudophilochth us nubigena Carabidae Pseudophilochth Gray's Ground us grayanus Beetle Carabidae Pseudophilochth Tree Fern Ground us dicksoniae Beetle Carabidae Pseudophilochth us sublimbatus Carabidae Pseudophilochth us trechoides Carabidae Pseudophilochth us rufosuffusus 68 Family Scientific Local Name Global Name International Name Designation Carabidae Pseudophilochth us fossor Carabidae Pseudophilochth us Carabidae gPesmeumduolpipheilnoncihst h us evanescens Carabidae Apteromimus platyderoides Carabidae Apteromimus Wollaston's wollastoni Ground Beetle Carabidae Endosomatium megalops Carabidae Eotachys caheni Carabidae Lymnastis sanctaehelenae Carabidae Harpalus sanctaehelenae Carabidae Harpalus Prosperous prosperus Ground Beetle Ptillidae Ptinella matthewsiana Ptillidae Acrotrichis sanctaehelenae Staphylinidae Philonthus dictator Staphylinidae Atheta helenensis Staphylinidae Atheta basilewskyana Scarabaeidae Mellissius Hornless Red eudoxus Scarab Scarabaeidae Mellissius Dent-headed oryctoides Scarab Scarabaeidae Mellissius popei Pope's Scarab Elateridae Anchastus Daisy Click compositarum Beetle Anobiidae Xyletomerus insulanus Anobiidae Helenoxylon confertum Cryptophagidae Micrambe gracillipes Tenebrionidae Stenosis Saint Darkling sanctaehelenae Beetle 69 Family Scientific Local Name Global Name International Name Designation Tenebrionidae Helenomelas Basilewisky's basilewskyi Darkling Beetle Tenebrionidae Hadrodes Helenian helenensis Darkling Beetle Tenebrionidae Tarphiophasis Tubercular tuberculatus Darkling Beetle Tenebrionidae Tarphiophasis Decelle's decellei Darkling Beetle Tenebrionidae Tarphiophasis Wollaston's wollastoni Darkling Beetle Tenebrionidae Tarphiobasis Lelelup's leleupi Darkling Beetle Tenebrionidae Tarphiophasis Island Darkling insulanus Beetle Tenebrionidae Pseudoleichenu Benoit's Darkling m benoiti Beetle Tenebrionidae Zophobas Downtown atratus concolor Darkling Beetle Anthicidae Anthicodes Spotted Ant-like maculatus Beetle Anthicidae Anthicodes Fragile Ant-like fragilis Beetle Chrysomelidae Longitarsus Jellicoe Flea mellissi Beetle Chrysomelidae Longitarsus She Cabbage Flea janulus Beetle Chrysomelidae Longitarsus Lobelia Flea helenae Beetle Anthribidae Valenfriesia Janisch's Fungus janischi Weevil Anthribidae Valenfriesia subfasciata Anthribidae Valenfriesia Bewick's Fungus bewicki Weevil Anthribidae Valenfriesia alutacea Anthribidae Valenfriesia dimidiate Anthribidae Valenfriesia Rotund Fungus rotundata Weevil Anthribidae Valenfriesia rufopicta Anthribidae Valenfriesia congener Anthribidae Valenfriesia Dale's Fungus dalei Weevil 70 Family Scientific Local Name Global Name International Name Designation Anthribidae Valenfriesia Bronze Fungus aenea Weevil Anthribidae Valenfriesia Gray's Fungus grayi Weevil Anthribidae Homoeodera Knobbly Fungus nodulipennis Weevil Anthribidae Homoeodera elateroides Anthribidae Homoeodera edithia Anthribidae Homoeodera scolytoides Anthribidae Homoeodera major Anthribidae Homoeodera Pygmy Fungus pygmaea Weevil Anthribidae Homoeodera longefasciata Anthribidae Homoeodera asteris Anthribidae Homoeodera paviae Anthribidae Homoeodera coriacea Anthribidae Homoeodera globulosa Anthribidae Acarodes gutta Curculionidae Nesiobius squamosus Curculionidae Nesiobius barbatus Curculionidae Nesiobius fimbriatus Curculionidae Nesiobius sulcicollis Curculionidae Nesiobius indigenus Curculionidae Nesiobius breviusculus Curculionidae Nesiobius asperatus Curculionidae Nesiobius ascendens Curculionidae Nesiobius horridus 71 Family Scientific Local Name Global Name International Name Designation Curculionidae Nesiobius gracilis Curculionidae Nesiobius niger Curculionidae Nesiobius minor Curculionidae Nesiobius simplex Curculionidae Tychiorhinus lineatus Curculionidae Tychiorhinus porrectus Curculionidae Tychiorhinus subochraceus Curculionidae Tychiorhinus inaequalis Curculionidae Tychiorhinus variolosus Curculionidae Tychiorhinus melanodendri Curculionidae Cryptommata cucculata Curculionidae Tapiromimus gibbirostris Curculionidae Xestophasis nasalis Curculionidae Xestophasis xerophilus Curculionidae Lamprochrus cossonoides Curculionidae cLoasmsopnroocidhersu s cossonoides Curculionidae cLoammmpridoecnhdruris hedyotinus Curculionidae Eucoptoderus vermiculatus Curculionidae Eucoptoderus affinis Curculionidae Chalcotrogus apionides Curculionidae Chalcotrogus oblongior Curculionidae Chalcotrogus semipolitus Curculionidae Acanthinomerus chevrolatii 72 Family Scientific Local Name Global Name International Name Designation Curculionidae Acanthinomerus monilicornis Curculionidae Acanthinomerus similis Curculionidae Acanthinomerus obliteratus Curculionidae Acanthinomerus robertsi Curculionidae Acanthinomerus angustus Curculionidae Acanthinomerus cylindricus Curculionidae Acanthinomerus asperatus Curculionidae Acanthinomerus wollastoni Curculionidae Microxylobius dimidiatus Curculionidae Microxylobius oculatus Curculionidae Microxylobius granulosus Curculionidae Microxylobius sculpturatus Curculionidae Microxylobius opacus Curculionidae Microxylobius whiteheadi Curculionidae Microxylobius leleupi Curculionidae Microxylobius joannae Curculionidae Isotornus retractilis Curculionidae Isotornus aterrimus Curculionidae Isotornus trituratus Curculionidae Peltophorus commidendri Curculionidae Pseudomesoxen us minutissimus Curculionidae Pseudomesoxen us subcaecus Curculionidae Pseudomesoxen us filicum 73 Family Scientific Local Name Global Name International Name Designation Curculionidae Pseudomesoxen us scrobiculatus Curculionidae Pentatemnodes rupertsianus Curculionidae Hexacoptus ferrugineus Curculionidae Pachymastax crassus Curculionidae Pseudostenoscel is sculpturata Curculionidae Pseudostenoscel is asteriperda Curculionidae Pseudostenoscel is alutaceicollis Curculionidae Pseudostenoscel is compositarum Limoniidae Dicranomyia basilewskyana Limoniidae Dicranomyia loveridgeana Simuliidae Simulium politum Drosophilidae Scaptomyza mimitantalia Asteiidae Anarista vittata Sphaeroceridae Aubertina sanctaehelenae Tachinidae Atlantomyia Prosperous Fly nitida Figitidae Kleidotoma microscutellaris Ichneumonidae Netelia insulicola Mymaridae Mymarilla wollastoni Scelionidae Macroteleia gracilicornis Megaspilidae Dendrocerus wollastoni Bethylidae Sclerodermus wollastoni Bethylidae Sclerodermus insularis Bethylidae Sclerodermus sanctaehelenae 74 Family Scientific Local Name Global Name International Name Designation Bethylidae Holepyris atlanticus Formicidae Camponotus fabricator Trogiidae Cerobasis Atlantic Barkfly atlantica Sphaeropsocidae Sphaeropsocops Myrtle's Barkfly is myrtleae Caeciliusidae Stenocaecilius Benoit's Barkfly benoiti Peripsocidae Peripsocus Decelle's Barkfly decellei Psocidae Blaste helenae Helena Barkfly Phlaeothripidae Diceratothrips meridionalis Cixiidae Helenolius Flagstaff Hopper dividens Cixiidae Helenolius Rosemary Hopper insulicola Delphacidae Ilburnia Black-faced ignobilis Hopper Delphacidae Ilburnia dianae Brown-faced Hopper Cicadellidae Argaterma Coarse Stained- alticola glass Leafhopper Cicadellidae Argaterma Fine Stained-glass multisignata Leafhopper Cicadellidae Nehela vulturina Vulture Leafhopper Cicadellidae Stonasla consors Cicadellidae Stonasla undulata Cicadellidae Sanctahelenia Golden sanctahelenae Leafhopper Cicadellidae Sanctahelenia Gumwood decellei Leafhopper Cicadellidae Sanctahelenia False Gumwood insularis Leafhopper Cicadellidae 'Atlantisia' Scrubwood leleupi Leafhopper Cicadellidae 'Chlorita' edithae Cicadellidae Nyhimbricus wollastoni 75 Family Scientific Local Name Global Name International Name Designation Pseudococcidae Ripersiella St Helena mediatlantica Mealybug Saldidae Helenasaldula St Helena Shore aberrans Bug Pentatomidae Macrorhaphis Brown Shield wollastoni Bug Berytidae Plyapomus Wingless Stilt longus Bug Berytidae Metacanthus Winged Stilt Bug concolor Reduviidae Napoleon Napoleon Bug vinctus Nabidae Vernonia Wollaston's Bug wollastoniana Nabidae Kerzhneria Kerzhner's Bug hirsuta Anthocoridae Lasiochilus contortus Miridae Agrametra aethiops Miridae Neisopsallus lutosus Miridae Naresthus hebes Miridae Lopsallus flavosparsus Miridae Hirtopsallus Samphire Bug suedae Miridae Insulopus asteri Aster Bug Miridae Oligobiella fuliginea Miridae Helenocoris Horrid Bug horridus Glyphipterygidae Glyphipteryx semilunaris Gracillariidae Phyllonorycter aurifascia Hepialidae Eudalaca sanctahelena Lyonethiidae Leucoptera auronivea Momphidae Stagmatophora trifasciata Noctuiidae Cardepia subvelata 76 Family Scientific Local Name Global Name International Name Designation Noctuiidae Herminia rectalis Oecophoridae Schiffermuelleri a pictipennis Oecophoridae Schiffermuelleri a splendidula Pterophoridae Agdistis St Helena Plume sanctae-helenae Moth Pterophoridae Agdistis Marion's Moth marionae Pterophoridae Platyptilia subnotata Pyralidae Homoeosoma privata Crambidae Helenoscoparia helenensis Crambidae Helenoscoparia lucidalis Crambidae Helenoscoparia scintillulalis Crambidae Helenoscoparia transversalis Crambidae Zovax whiteheadii Chthoniidae Tyrannochthoni us helenae Garypinidae Hemisolinus helenae Withiidae Scotowithius helenae Withiidae Sphallowithius excelsus Withiidae Sphallowithius inhonestus Oonopidae Oonops erinaceus Tetrablemmidae Tetrablemma helenense Gnaphosidae Pterochroa funerea Miturgidae Tecution planum Miturgidae Tecution mellissi Miturgidae Tecution helenicola 77 Family Scientific Local Name Global Name International Name Designation Miturgidae Cheiracanthium wilma Thomisidae Bonapruncinia sanctaehelenae Salticidae Myrmarachne isolata Salticidae Paraheliophanu s subinstructus Salticidae Paraheliophanu s Salticidae sPaanrcathaeelhioelpehnaaneu s napoleon Salticidae Pellenes inexcultus Salticidae Pellenes perexcultus Lycosidae Lycosa elysae Lycosidae Lycosa ringens Lycosidae Dolocosa dolosa Lycosidae Hogna nefasta Prowling Wolf Spider Lycosidae Hogna cinica Lycosidae Lycosidae sp. Prosperous Bay indet. 3 Plain Mole Spider Mysmenidae Mysmena isolata Theridiidae Argyrodes mellissi Theridiidae Theridion solium Theridiidae Zercidium helenense Nesticidae Nesticella helenensis Linyphiidae Lepthyphantes albimaculatus Linyphiidae Bathyphantes helenae Linyphiidae Bathyphantes gracilipes Linyphiidae Napometa sanctaehelenae 78 Family Scientific Local Name Global Name International Name Designation Linyphiidae Napometa trifididens Geophilidae Tuoba benoiti Benoit's Centipede Cryptopidae Cryptops Basilewsky's basilewskyi Centipede Henicopidae Lamyctes leleupi Armadillidiidae Pseudo diploexochus Armadillidiidae lPesleeuupdio diploexochus Armadillidiidae mPseelluidssoi diploexochus insularis Armadillidiidae Pseudo diploexochus tabularis Armadillidiidae Pseudolaureola Spiky Yellow atlantica Woodlouse Janiridae Iais aquilei Philosciidae Littorophiloscia alticola Cyprididae Herpetocypris helenae Talitridae Paltorchestia ashmoleorum Macrostomidae Macrostomum parmum Procerodidae Dinizia sanctaehelenae Procerodidae Tryssosoma jennyae Trichostrongylida Amphibiophilus e sanctaehelenae Vertiginidae Nesopupa Turton's Snail turtoni Vertiginidae Campolaemus perexilis Pupillidae Pupa obliquicostata Subulinidae Chilonopsis nonpareil Subulinidae Chilonopsis nonpareil darvinianus 79 Family Scientific Local Name Global Name International Name Designation Subulinidae Chilonopsis subtruncatus Subulinidae Chilonopsis melanoides Subulinidae Chilonopsis subplicatus Subulinidae Chilonopsis exulatus Subulinidae Chilonopsis turtoni Subulinidae Chilonopsis helena Subulinidae Chilonopsis Blofeld's Snail blofeldi Charopidae Helenoconcha relicta Charopidae Helenodiscus bilamellata Charopidae Helenoconcha polyodon Charopidae Helenoconcha biplicata Charopidae Helenoconcha cutteri Charopidae Helenoconcha pseustes Charopidae Helenoconcha minutissima Charopidae Helenoconcha leptalea Charopidae Pseudo Shitty Snail helenoconcha spurca PART 2 - PLANTS Family Scientific Local Name Global Name International Name Designations Terrestrial Plants Liverworts Tylimanthus Acrobolbaceae anisodontus Cylindrocolea Cephaloziellaceae sanctae- helenae 80 Family Scientific Local Name Global Name International Name Designations Cololejeunea Lejeuneaceae sanctae- hCeolleunraae Lejeuneaceae calyptrifolia Colura Lejeuneaceae tenuicornis Lejeunea Lejeuneaceae sanctae- hMealernchaees inia Lejeuneaceae brachiata Kurzia Lepidoziaceae nemoides Pleurozia Pleuroziaceae gigantea Anastrophyllum Scapaniaceae subcomplicatu mCh eilolejeunea ascensionis Cheilolejeunea microscypha Cheilolejeunea rotalis Cololejeunea dianae Cololejeunea grossestyla Hornworts Dendroceros Dendrocerotaceae adglutinatus Mosses Bartramiaceae Philonotis heleniana Brachytheciaceae Sainthelenia athroclada Daltonia Daltoniaceae splachnoides Entodon Entodontaceae dregeanus Fissidens Fissidentaceae chioneurus Physcomitrium Funariaceae flexifolium Hypnum Hypnaceae cupressiforme Hypnum Hypnaceae lacunosum Lepidopilidium Pilotrichaceae crispifolium 81 Family Scientific Local Name Global Name International Name Designations Pseudocrossidiu Pottiaceae m crinitum Sphagnum Sphagnaceae helenicum Fissidens curvatus subsp. sanctae-helenae Fissidens reimersii Fissidens translucens Lophocolea humistrata Macromitrium urceolatum Philonotis helenica Sematophyllum erythrocaulon Sematophyllum helenicum Club Mosses Lycopodiaceae Huperzia Large Buck’s Club Moss saururus Horn Vascular Ferns Aspleniaceae Asplenium platybasis var. Sickle Fern Aspleniaceae PCleatetyrbaacshi s haughtonii Barn Fern Barn Fern Dryopteridaceae Dryopteris Large Kidney cognata Fern, Greater Kidney Fern Dryopteridaceae Dryopteris KSmidanlel yo rF ern napoleonis Lesser Kidney Kidney Fern Elaphoglossaceae Elaphoglossum FCeormn mon conforme Tongue-Fern Elaphoglossaceae Elaphoglossum Toothed dimorphum Tongue-Fern Elaphoglossaceae Elaphoglossum furcatum Mossy Fern Elaphoglossaceae Elaphoglossum Veined nervosum Tongue-Fern Grammitidaceae Grammitis Dwarf ebenina Tongue-Fern; Grammitis Asplenium WPlaastctihc SFterranp compressum Fern; Ebony Fern 82 Family Scientific Local Name Global Name International Name Designations Dicksonia Tree-Fern arborescens Diplazium Black-Scale filamentosum Fern Pseudophegopte Brown-Scale ris dianae Fern Pteris paleacea Lays Back Fern Asplenium Parsley Fern aethiopicum Asplenium Hen and lunulatum Chicks Fern Pteris dentata Comb Fern ssp. flabellata Sickle Fern Cheilanthes Crevice Fern multifida Hypolepis Sticky Fern villoso-viscida Pleopeltis Dotted macrocarpa Tongue-Fern Hymenophyllum St. Helena capillaceum Filmy Fern Ophioglossum Lily fern polyphyllum Flowering Plants Monocotyledons Cyperaceae Bulbostylis Neglected Neglected neglecta Sedge Tuft Sedge Cyperaceae Bulbostylis lichtensteiniana Tufted Sedge Cyperaceae Carex dianae Diana’s Peak Grass Poaceae Eragrostis Cliff Hair episcopulus Grass Poaceae Eragrostis Hair Grass saxatilis Poaceae Panicum joshuae Pat's Grass, Rock Millet Millet Dicotyledons Acalypha St Helena Euphorbiaceae rubrinervis Stringwood Stringwood Berula St Helena Apiaceae burchellii Dwarf Jellico Dwarf Jellico 83 Family Scientific Local Name Global Name International Name Designations Berula Apiaceae bracteata Jellico Commicarpus Nyctaginaceae helenae Hogweed Commidendru Cluster Leafed Asteraceae m gummiferum Gumwood Commidendru St Helena Asteraceae m robustum Gumwood Gumwood Commidendru Bastard St Helena Asteraceae m Gumwood Bastard rCootumnmdiidfoelniudmru GStu Hmewleonoad Asteraceae m spurium False Gumwood False Commidendru Gumwood Asteraceae m rugosum Scrubwood Euphorbia French Grass, Euphorbiaceae heleniana St. Helena Frankenia Spurge St Helena Tea Frankeniaceae portulacifolia Tea Plant Plant Heliotropium St Helena Boraginaceae pannifolium Heliotrope Heliotrope Hypertelis St Helena Moluginaceae acida Salad Plant Salad Plant Lachanodes St Helena She Asteraceae arborea She Cabbage Cabbage Melanodendron St Helena Asteraceae integrifolium Black Cabbage Black Mellissia CSta Hbbealegnea Solanaceae begoniifolia Boxwood Boxwood Nesiota St Helena Rhamnaceae elliptica Olive Olive Nesohedyotis St Helena Rubiaceae arborea Dogwood Dogwood Pelargonium Old-Father- Old-Father- Geraniaceae cotyledonis Live-Forever Live-Forever Petrobium St Helena Asteraceae arboretum Whitewood Whitewood Phylica St Helena Rhamnaceae polifolia Rosemary Rosemary Pladaroxylon St Helena He Asteraceae leucadendron He Cabbage Cabbage Plantago St Helena Plantaginaceae robusta Plantain Plantain Tribulus Sand Caltrop, Zygophyllaceae cistoides Devils Thorn, Sand Caltrop Trochetiopsis Puncture Vine St Helena Malvaceae ebenus Dwarf Ebony Dwarf Ebony 84 Family Scientific Local Name Global Name International Name Designations Trochetiopsis St Helena Malvaceae erythoxylon Redwood Redwood Trochetiopsis St Helena Malvaceae melanoxylon Ebony Ebony Wahlenbergia Small Campanulaceae angustifolia bellflower Wahlenbergia Burchell's Burchell's Campanulaceae burchellii Bellflower Bellflower Wahlenbergia Large St Helena Campanulaceae linifolia Bellflower Large Chenopodium Bellflower Chenopodiaceae helense Goosefoot Hydrodea Aizoaceae cryptantha Babies toes Osteospermum Asteraceae sanctae- Boneseed hTerliemneareis Campanulaceae scaevolifolia Lobelia ________________________ ENVIRONMENTAL PROTECTION ORDINANCE, 2016 SPEAR GUNS CONTROL ORDER, 2014 (Section 3 of the Spear Guns Control Ordinance, 2014) Citation 1. This Order may be cited as the Spear Guns Control Order, 2014. Prohibited areas 2. The areas set out in the Schedule are prohibited areas for purposes of the Spear Guns Control Ordinance, 2014. SCHEDULE (Para. 2) PROHIBITED AREAS Area Description (1) Jamestown Harbour All that area of coastal water enclosed by a line commencing at the edge of the Wharf by the middle landing steps thence along a line due west at 270° for 50 metres to an unmarked point thence due north for approximately 150 metres to a second unmarked point thence along a line at 090° due east for approximately 75 metres to a rock known as The Needles Eye thence in a generally 85 southerly direction along the cliff edge of the Wharf to the starting point. (2) Lemon Valley All that area of coastal water comprised within a radius of 50 metres from the landing place. (3) Between and including Long Ledge and Billy May’s Revenge All that area of coastal water enclosed by a line commencing at a point off the shoreline 495 metres (on a bearing of 228°) from Red Rock, thence along a bearing 320° for 350 metres, thence along a bearing of 235° for 700 metres, thence along a bearing of 165° for approximately 300 metres (to a point off the shoreline approximately ten metres to the South West of Billy May’s Revenge) thence in a generally North Easterly direction along the shoreline back to the starting point. (4) Ruperts Bay All that area of coastal water comprised within a radius of 50 metres from the beach. (5) Sites of historic wrecks All that area of water which falls within a “restricted area” as determined under the Protection of Wrecks and Marine Archaeological Heritage Ordinance, 2014. _____________________