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Local laws and regulations 30.01.2023.docx
1. Law / regulation Applicability Legal
Status
1 Environmental Protection
and Preservation Act
The project conforms to the requirements of the Environmental Protection and Preservation
Act of the Maldives, Law no. 4/93. The EIA has been undertaken in accordance with the EIA
Regulation 2012 of the Maldives by registered consultants. Furthermore, it adheres to the
principles underlined in the regulations, action plans, programmes and policies of the
Ministry of Environment, Climate Change and Technology, Ministry of National Planning,
Housing, and Infrastructure and the relevant local councils.
The Articles of the Environmental Protection and Preservation Act (Law No. 4/93) addresses
the following aspects of environmental management:
Guidelines and advice on environmental protection shall be provided by the concerned
government authorities.
Formulating policies, rules and regulations for protection and conservation of the
environment in areas that do not already have a designated government authority
already carrying out such functions shall be carried out by the Ministry of Environment,
Energy and Water (MEEW) now named as the Ministry of Environment, Climate
Change and Technology (MECCT).
Identifying and registering protected areas and natural reserves and drawing up rules
and regulations for their protection and preservation.
An EIA shall be submitted to MECCT before implementing any developing project that
may have a potential impact on the environment.
Projects that have any undesirable impact on the environment can be terminated without
compensation.
Disposal of waste, oil, poisonous substances and other harmful substances within the
territory of the Republic of Maldives is prohibited. Waste shall be disposed only in the
areas designated for the purpose by the government.
Hazardous/Toxic or Nuclear Waste should not be disposed anywhere within the
territory of the country. Permission should be obtained for any trans-boundary
movement of such wastes through the territory of Maldives.
The penalty for breaking the Law and damaging the environment are specified.
The government of the Maldives reserves the right to claim compensation for all
damages that are caused by activities that are detrimental to the environment.
2. The proposed project should fully abide by the Environmental Preservation and
Protection Act. Disposal of oil, chemicals and other hazardous materials will be strictly
controlled and managed. Such materials will not be disposed in to the local or the
regional environment but will be transported to the designated waste disposal site
(Thilafushi Island). All mitigation measures must be implemented in the interest of the
environment.
2
Protected Areas and
Sensitive Areas
Under Article 4 of the Environment Protection and Preservation Act, the Ministry of
Environment, Climate Change and Technology (MECCT) is vested with the responsibility of
identifying and registering protected areas and natural reserves and drawing up of rules and
regulations for their protection and preservation.
As part of the Environmental Regulations, Environmental Protection Agency (EPA) has
established a list of ‘sensitive sites’ in the Maldives. The sensitive sites, according to EPA are
sites in the Maldives (islands, reefs, mangroves, inter-tidal areas) where developments ought
to be restricted, regulated, or controlled.
The Regulation on Protected and Sensitive areas (2018/R-78) requires that Protected and
Sensitive areas be declared and published in the gazette by the MECCT, detailing their name,
GPS coordinates, activities that can be carried out or prohibited in the area, their category, the
areas’ special characteristics and reason for being protected.
The categories that fall under Protected and Sensitive Areas are as follows:
Category 1: Internationally Recognized Areas
Category 2: Strict Nature Reserve
Category 3: Wilderness Areas
Category 4: National Park
Category 5: Natural Monument
Category 6: Habitat/Species Management Area
Category 7: Protected Area with Sustainable use
3 Protected Species
Regulation
The regulation is drafted under clause 4 of the Environmental Protection and Preservation Act
(4/93) and gazetted on 17th February 2021 under the number 2021/R-25. The main aim of
this regulation is to regulate the protected species of the Maldives. This regulation outlines the
3. guidelines on how species are declared protected in Maldives, the permits required to handle
any protected species, procedure to do research on such species, and fines for personnel who
capture and handle protected species or damage habitats of such species. Under this
regulation, a total of 207 species of birds are protected in the Maldives, provided in Annex 1
of the regulation. In addition, several marine species are also protected in Maldives.
4 Coral and Sand Mining
Regulation
Coral mining from the house reef and atoll rim has been banned through a directive from
President’s Office dated 26 September 1990.
Regulation on sand mining covers sand mining from uninhabited islands that have been
leased; sand mining from the coastal zone of other uninhabited islands and aggregate mining
from uninhabited islands that have been leased and from the coastal zone of other uninhabited
islands.
Sand should not be mined from any part of the existing island, beach, or the newly reclaimed
island beach. Sand should also not be mined from within 100 ft. of the shoreline. Please see
Regulation on Dredging and Reclamation for further controls. Sand or coral should not be
mined for any component of this project. Reclamation or dredging of any scale, should be
undertaken in accordance with the Regulations on Dredging and Reclamation.
5 Dredging and
Reclamation Regulation
Following are the relevant clauses of this regulation.
Clause 6, a, and c outlines the situation or cases to which the dredging permit can be
given.
Clause 7 discusses the types of situations in which dredging, and reclamation can be
undertaken.
Clause 10 outlines the exemptions and exceptional cases where the enforcing authority
can issue decisions or waive the conditions.
Clause 11 outlines the criteria to be utilized during dredging and reclamation.
Clause 13 outlines the conditions in detail that must be met in a borrow area. This
includes the minimum buffer zone between the reef line, shorelines, and buffer zones
around reef.
Clause 14 outlines the dredge spoil disposal methods and its use.
Clause 15 outlines the maximum area for dredging.
4. Under clause 10, this project can be exempted, and the regulatory authority has the legal
obligation to issue the approval for this.
In short, the regulation covers situations or cases where dredging permits can be given and the
types and situations where dredging and reclamation can be undertaken. Criteria for dredging
and reclamation, minimum buffer zone, between reef line, shoreline, disposal methods,
dredge spoil and maximum area for dredging and reclamation are covered in this regulation.
Furthermore, the following points are highlighted:
The 21 clauses in the regulation on Dredging and reclamation was gazetted on 2nd April
2013 and this regulation explains in detail about the situations of dredging and
reclamation. The relevant clauses of this regulation for this project are outlined below.
Clause 6 (a). Permission for Dredging and reclamation shall be given as per the
following methods.
When dredging or reclamation is required, it should be carried out as per the Clause 7
and 8 of the Dredging and Reclamation Regulation. For this, the need of dredging or
reclamation, land use plan and the details of the essential requirement should be
submitted to the Implementation Agency. Along with these details, a geo referenced
scale map (1:10000) should be submitted and permission should be obtained from the
Implementation Agency.
Clause 6 (b) says that, when the permit explained in Clause 6(a) is obtained, an
“Environmental Impact Assessment” Report should be carried out and submitted to the
Implementation Agency.
Clause 6 (c) says when the said (Clause 6 (b)) Environmental Impact Assessment Report
is reviewed by the Implementation Agency and the decision taken by the
Implementation Agency, it should be informed to the proponent.
Clause 7 (b) says If the island is leased for industrial, agricultural, tourism-related
activities or commercial purposes, then the dredging can be carried out to full fill the
permit given by the Government Agency. But this dredging can be carried out only if
the permitted activity is unable to proceed due to the accessibility to the island.
Clause 8 (b) If the island is leased for industrial, agricultural, tourism-related activities
or commercial purposes, then the reclamation can be carried out to full fill the permitted
activity by the Government. But this reclamation can be carried out only if the permitted
activity is unable to proceed due to the shortage of land.
5. Clause 10 of this regulation explains the exemption situations except for the activities
explained in clause 6.
Clause 10 (2) says if the island is leased for industrial, agricultural, tourism-related
activities or commercial purposes, then the dredging and reclamation can be carried out
as per the initial concept.
Clause 13 explains the various areas banned for dredging and reclamation under this
regulation.
Clause 13 (d) has given reference to clause 13 (c) Number (4) and says sand mining or
reclamation that is within 200 meters proximity of the areas explained in Clause 13 (c)
Number 4 are banned.
For any dredging and reclamation, a permit should be acquired from EPA. The dredging and
reclamation permit application will be submitted along with the EIA report. The proposed
project is a reclamation project. Therefore, all the project components must be in line with
this regulation. According to this regulation, dredging is restricted in the following areas:
100m from the outer reef edge towards the island shoreline
500m from the outer reef edge
50m from the vegetation line
Protected Areas and Environmentally Sensitive Areas declared under EPPA 4/93
Dredging, sand mining, and land reclamation is restricted within 200m of a declared Protected
Areas and Environmentally Sensitive Areas.
6 First Amendment to the
Dredging and
Reclamation Regulation
This amendment to the Regulations came into force on 9th February, 2014 and has brought
changes to clause 13 (d) of the Dredging Regulations. The amendment says that the
developmental projects planned to carry out under cabinet decision or run under government
developmental projects can be preceded even after it falls under clause 13 (d) number 4 along
with the conditions given in the first amendment. The proponent shall apply to the
Implementation Agency for such activities like sand mining; dredging and reclamation and
shall be carried out only after obtaining the permission from the Implementation Agency.
The conditions given in the amendment are as follows.
Carry out a study on the existence of living flora, fauna, and threatened species
Submit a plan and obtain permission for such plans on how to transfer, shift and farm
the threatened species
6. Develop a natural area not smaller than the existing area with the existing characteristics
or develop an area with such characteristics that are instructed by the Implementation
Agency as per the policy, regulation, standards and set arrangements to protect, manage,
and monitor such areas.
Carry out a study to monitor the impact on the aquifer and to take mitigation measures
to prevent any likely impacts, these activities should be monitored by the
implementation Agency.
Carry out study on possible flooding and implement a suitable drainage system as
mitigation measures
7 Environmental Impact
Assessment Regulation 2012
The Ministry of Environment has issued EIA regulations on May 2012, which guides the
process of undertaking the Environmental Impact Assessment in the Maldives – This
guideline also provides a comprehensive outline of the EIA process, including the roles and
responsibilities of the consultants and the proponents. This regulation outlines every step of
the IEE/EIA process beginning from application to undertaking an EIA, details on the
contents, minimum requirements for consultants undertaking the EIA, format of the EIA/IEE
report and many more.
First Addendum to Environmental Impact Assessment Regulation 2012
This amendment was Gazetted on 9th April 2013. As per this amendment, the responsible
authority has to check the submitted EIA report for everything mentioned in the Regulation’s
article (Kaafu) was in order and inform the proponent whether the EIA Report has been
accepted or rejected within 2 working days. The penalty for repetitive offenses has been also
amended in this amendment of the Regulation.
Second Addendum to Environmental Impact Assessment Regulation 2012
This amendment was Gazetted on 30th August 2015. With this Addendum to the
Environmental Impact Assessment Regulation 2012, the following important points were
noted.
Procedural changes have been made to the EIA process. One of the most important
changes was shifting the tourism related developmental project EIAs to the Ministry of
Tourism. Slight changes to the process like finalization of the Terms of Reference
7. during the scoping meeting and changes in the fees structure for review process has
been made to three different categories.
Article 8 (a) of the amendment of the decision for screening form is as follows
o Environmental Management Plan
o Initial Environmental Examination
o Environmental Impact Assessment
o Approval to go forward with the screened project
o Approval to go forward with the project with as per the mitigation measures
proposed by EPA.
The amendment’s article 9(b) says the decision for IEE will be as follows
o Environmental Impact Assessment Report if the project anticipated to have
major environmental impacts
o Environmental Management Plan
o Approval to go forward with the project if the project is not anticipated to occur
major environmental impacts
o Article 10 of this amendment says that two (2) reviewers are required to review
the environmental management plan and the selection of the reviewers are to be
carried out as per the article 13(b).
Third Addendum to Environmental Impact Assessment Regulation 2012
Amendment 3 (issued on 11th August 2016) covers the point systems for consultants,
categories of the consultants and amendment of the penalties to consultants and proponents
who fail to follow the regulation. The lead Consultant for this EIA report is a Category A
registered EIA consultant, alongside several other Category A consultants were in the EIA
team.
Fourth Addendum to Environmental Impact Assessment Regulation 2012
There was a 4th amendment done on the EIA regulation 2012 and gazetted on 19th January,
2017. This amendment explains about the projects that can be preceded without an
Environmental Impact Assessment when the proponent requests to the Ministry of
Environment and Energy (now referred as MECCT) in writing along with commitments or
guarantee that the Proponent will carry out the mitigation measures that may impact on the
Environment due to such projects. A list of such projects given in the amendment is as
follows.
8. Deepening of Existing harbours and channels as same as the footprint
Uprooting trees that fall into the roads/pathways to the above plots. (Only councils or
who takes such responsibilities can apply).
Drilling boreholes to take water.
Reclamation carried out as land extension means to the natural existing land. Such lands
that are less than 3 years after the reclamation is completed with exception of the
projects mentioned article 1 (c) of this amendment.
Reclamation carried out in a lagoon with an island shape or characteristics. Such lands
that are less than 5 years after the reclamation is completed with exception of the
projects mentioned article 1 (c) of this amendment.
Environmental Impact Assessment shall be carried out and permission shall be obtained in
Lands that are mentioned in 5 and 6 as above, when such lands become inhabited.
Environmental Impact Assessment shall be carried out in the following projects even in the
lands that are reclaimed as per the number 5 and 6 explained above.
Projects that involve Dangerous Chemicals
Projects that involve in any Oil Storage
Projects that involve Incinerators
Projects that involve release of any poisonous elements to the atmosphere
Projects that involve fiberglass work.
The amendment also says that this amendment will come into force from the date it is
gazetted.
Fifth Addendum to Environmental Impact Assessment Regulation 2012
This amendment was gazetted on 27th December, 2018. With this Addendum to the
Environmental Impact Assessment Regulation 2012, the following important points were
noted:
It states the termination of article 4(b) of the Environmental Impact Assessment
Regulation.
Changes to the Article 13 (G):
o Clause (F): Decision after reviewing EIA report means, environmental decision
statement or requesting for additional information,
9. Addition of the following points to Annex (d) of the regulation.
Development of tourist resorts
Development of tourist hotels
Post EIA Monitoring, Auditing and Evaluation
The environmental monitoring programme given in EIA reports is an important aspect of the
EIA process. The monitoring programme outlines the objectives of the monitoring; the
specific information to be collected; the data collection program and managing the monitoring
programme. Managing the monitoring programme requires assigning institutional
responsibility, reporting requirements, enforcement capability, and ensuring that adequate
resources are provided in terms of funds, skilled staff, etc.
8 Environmental Damage
Liabilities Regulation
2011
Under the Environmental Protection and Preservation Act (No. 4/93), the Ministry of
Environment (now referred as MECCT) formulated the Environmental Damage Liabilities
Regulation in February 2011, which encompasses the basis to avoid environmental
deterioration, extinction of biological resources, environmental degradation and avoid
wastage of natural resources. The main purpose of this regulation is to stop unlawful
activities on environment and adequately implement a fining procedure for violations as well
as implement a compensation mechanism on environmental damages. Its Schedules form the
basis for levying fines on various environmental components and activities.
Under the Article 14 of the regulation, any party, from whom the implementing agency
requires information relating to an investigation or for other purposes of this regulation,
should provide such information.
This regulation describes the factors to consider when determining the fine to be charged on a
party causing damage to the environment and formulas to measure the magnitude of the
damages caused to the environment.
9 Waste Management
Policy
The Ministry of Environment (now referred as MECCT) has developed the framework for a
national waste management policy. The key elements of the policy include:
10. Ensure safe disposal of solid waste and encourage recycling and reduction in waste
generated.
Develop guidelines on waste management and disposal and advocate enforcing these
guidelines through inter-sectoral collaboration.
Ensure safe disposal of chemical, industrial and hazardous waste.
The key objective of the waste management policy would be the formulation and
implementation of guidelines and means for solid waste management to maintain a healthy
environment.
10 Waste Management
Regulation, 2013
Waste Management Regulation (WMR) was published on August 2013 and is effective from
February 2014. It has been implemented by the Environmental Protection Agency (EPA). The
aim of WMR is to implement the national waste policy which contains specific provisions to:
(a) Implement measures to minimize impacts on human health, (b) Formulate and implement
waste management standards, (c) Implement an integrated framework for sustainable waste
management, (d) Encourage waste minimisation, reuse and recycling (e) Implement Polluter-
Pays Principle (f) Introduce extended Producer Responsibility.
WMR contains four main sections: (i) Waste management standards: Defines standards for
waste collection, transfer, treatment, storage, waste site management, landfills and managing
hazardous waste. (ii) Waste management Permits: Defines approval procedures for waste
sites, (iii) Waste transfer: Standards and permits required for waste transport on land and sea,
including transboundary movements, (iv) Reporting requirements: Defines reporting and
monitoring requirements and procedures, (v) Enforcement: Defines procedures to implement
WMR and penalties for non-compliance.
If any hazardous waste including electronic waste is to be disposed in the Maldives, it should
be handled by waste sites specifically approved to manage hazardous and Special Category
waste. Transportation and handling shall also conform to the standards specified in WMR. If
the waste is to be exported for reuse or disposal in another country, an application needs to be
submitted to WMR clauses and international conventions. Thus, all the subprojects will need
to comply with the WMR in disposing construction and decommissioning related wastes as
applicable.
Waste produced during the construction and operation phase of the project must be disposed
in accordance with this regulation. Chemical waste or hazardous waste such as used oil or any
11. other chemical used for the project must be transported to Thilafushi Waste Management
Centre for disposal. On site, these chemicals must be stored on a concrete floor or any other
form of impermeable flooring to make sure any leaks are not infiltrated into the groundwater
aquifer.
Regulation on waste
management (58-R/2013),
amendment 1 (10-
R/2014), amendment 2
(29-R/2014), amendment 3
(90-R/2017), amendment 4
(63-R/2018), and
amendment 5 (109-
R/2021)
Waste Management Regulation (WMR) was published on August 2013 and came into effect
from February 2014. It is implemented by EPA. The aim of WMR is to implement the
national waste policy, which contains specific provisions to:
• Implement measures to minimize impacts on human health
• Formulate and implement waste management standards
• Implement an integrated framework for sustainable waste management
• Encourage waste minimisation, reuse, and recycling
• Implement Polluter-Pays Principle
• Introduce Extended Producer Responsibility
WMR contains four main sections:
• Waste management standards: Defines standards for waste collection, transfer,
treatment,
• Storage, waste site management, landfills and managing hazardous waste.
• Waste management Permits: Defines approval procedures for waste sites • Waster
transfer: Standards and permits required for waste transport on land and sea, including
trans-boundary movements.
• Reporting requirements: Defines reporting and monitoring requirements and
procedures.
• Enforcement: Defines procedures to implement WRM and penalties for non-
compliance
The waste management policy also ensures that the Maldivians are well aware of the waste
management techniques and maintains cleanliness as well as the natural aesthetics and clean
air quality of the country is well maintained.
Under this policy, all the inhabited islands need to implement a waste management plan and
manage all the wastes generated from that island in accordance with that policy.
12. The policy was framed keeping in mind a healthy environment which is solid waste free.
Ensuring safe disposal of Solid waste, chemicals and hazardous industrial waste. Encouraging
recycling, and reducing of waste generated. It also allows development of guidelines on waste
management and disposal and advocate enforcing such guidelines.
11 Water and Sewerage Act The Water and Sewerage Act (8/2020) has been implemented to ensure clean and safe water
are provided, and adequate sewerage systems are developed all throughout the Maldives by
establishing regulations and standards for providing these services. The Act ensures that
natural water resources are utilized and maintained in a sustainable manner and that these
services are provided with limited environmental impacts. This requires newly developed
water and sewerage systems to be operational following an Environmental Impact
Assessment report and its approval from the Environmental Protection Agency. The Act also
emphasizes on using new technology to reduce environmental impacts and use of renewable
energy to provide these services.
12 Regulation on Island
Greenery and Protection
of Vegetation (2022/R-92)
Regulation on Island Greenery and Protection of Vegetation (2022/R-92) was issued on June
2022 by Ministry of Climate Change and Technology. This regulation obsoletes the
followings: 1). “Regulation for Cutting Down, Uprooting, Digging Out and Export of Trees
(2014/R-7)” and its 1st amendment. 2). “Regulation for the Protection and Conservation of
the Natural Life and character of Old Plants and Trees in the Maldives”.
The purpose of this regulation is; To increase the greenery of Maldives by planting trees, to
protect the old trees in Maldives, managing the cutting down, uprooting and transportation of
trees in accordance with the principles of decentralization.
Article 3 (a); Under this regulation 50 years and older trees will be protected.
Article 4 (a); under this regulation the following types of trees will not be allowed to cut
down, uproot, dig out and export:
Vegetation belt of the islands, vegetation belt is 20 meters from the first tree in
shoreline,
Trees from the protected islands,
Trees from protected sites and 20-meter buffer zone from protected area,
Trees which are protected in order to protect certain species,
Species of plants and trees are getting extinct,
13. National Wastewater
Quality Guidelines 2007
The National Wastewater Quality Guidelines (NWQG) is administered by the EPA. Covering
both domestic and industrial wastewater, the main purpose of the guideline is to provide clear
technical guidance to individuals, organizations, license holders, government and regulators
in order to manage waste water effluents in addition to following international best practice in
terms of cleaner operations and production. The guidelines deal with domestic wastewater
quality for discharge into deep sea and provide the maximum concentration of listed
components that always must be complied with including coliform, pH and suspended solid
levels. The NWQGs also provides maximum concentration levels for domestic and industrial
wastewater combined but does not specifically provide guidance on dealing with industrial
effluents or leachates of any kind. The country does not have set standards for ground water
quality. The NWQGs also stipulate that the guidelines are generic and conservative, the
standards state that in the event the capacity of the receiving environment to deal with
additional wastewater, has been exceeded or when the activity generating the wastewater is
envisioned to produce wastewater at extreme lower or higher levels than the standards set in
the NWQGs, an Environmental Impact Assessment (EIA) is required and need to be
completed by accredited Assessors approved by EPA. In addition, the producer must prove to
government that best international Clean Production protocols are followed. Based on the
recommendations of the EIA report and proof of Clean Production practice, EPA will issue
site specific guidelines for the discharge of wastewaters. No exemptions to the Guidelines
will be allowed without site specific guidelines to that effect. Monitoring plans are mandatory
for all wastewater generators as per the guidelines
National Biodiversity
Strategy and Action Plan
The National Biodiversity Strategy and Action Plan 2016-2025 (NBSAP 2016-2025) seeks to
ensure that threats to biodiversity are addressed, biodiversity is conserved, sustainably used
and benefits arising from them are shared equitably. It also encompasses ways of addressing
gaps, challenges and constraints highlighted in earlier sections. It is a living document that
will have the capacity to adapt to changes in national conditions, capacities and to the changes
in the international arena. In implementing the proposed project activities due care would be
given to ensure that the national biodiversity strategies are adhered to.
Land Use Planning
Regulation
The Land Use Planning Regulations and Guidelines (2005) include land use instruments such
as inclusionary zoning and quotas. Land Use Plans (LUP) are prepared in consultation with
the Ministry of National Planning, Housing, and Infrastructure, which does have allocations
14. for residential areas as well as for different infrastructure and social needs. Land Use Plan
need to be prepared and approved for the proposed reclamation areas in accordance with this
guideline
Public Health Protection
Act
The purpose of the public health protection act is to establish policies for protection of public
health, identify persons responsible for protection of public health, define how public health
protection policies will be implemented. The objectives of the Act also include: establishing
policies to respond to public health emergencies; classify situations which may be harmful to
health and establish methods to act in such a situation; establish roles and responsibilities of
island, atoll, and city councils in protection of public health. Chapter 5 of the Public Health
Protection Act covers identifying health hazards, eliminating risk, reporting health hazards,
and orders on things to be done or not done in relation to a building.
During the implementation of this project, it is recommended to inform the public about the
work schedule and keep them updated with the progress. Sign boards should be placed to
aware the public about the work environment safety. Safety measures must be taken to ensure
the public health
Labour and Working
Conditions
The national laws and policy instruments relevant to labour and working Conditions include:
Employment Act
Immigration Act
Anti-Human Trafficking Act
Pensions Act
Human Rights Act
Regulation on Employment of foreign workers in the Maldives
Work Visa Regulation
The Maldives is a party to major conventions on fundamental labour rights. Maldives is a
member state of the International Labour Organization (ILO) and the Government of the
Maldives has ratified 8 core conventions on the ILO’s fundamental labour rights.
There are three international standards that apply to foreign migrant workers. They are the
ILO Migration for Employment Convention, 1949 (No. 97), the ILO Migrant Workers
(Supplementary Provisions) Convention, 1975 (No. 143), and the 1990 1990 UN International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families (CMW). The Maldives has not yet ratified these three conventions.
15. The Regulation on the Safety Standards for Construction Work is a recent regulation that is
important for development projects. The regulation specifies that if contractor’s work is more
than MVR 1,500,000 a health and safety plan should be prepared for safety of the employees
and public. Employees shall be trained, and measures listed in the handbook shall be enforced
by the contractor. The proposed project in Giraavaru lagoon would need a Health and Safety
Plan as the value of the work is higher than MVR 1.5 million.
Health and Safety in
Construction Industry
Construction law was published in 2017 highlighting the rules regarding general construction
industry in Maldives. This law includes the building code, permits, involvement of
Maldivians in construction industry, inspecting quality of construction, quality of materials
used in construction projects and payment regulations for workers. The proposed project
should adhere to this law and should follow it throughout the construction stage including the
planning stage.
A new regulation under this (156/2019) was issued which highlights the health and safety
requirements of construction projects and constriction sites. According to this regulation a site
supervisor needs to be hired (clause 8) and he will be responsible to ensure the health and
safety of workers in the site. Also, this regulation states that the contractor is responsible for
the health and safety of the general public who access the construction site. Proper signs need
to be placed around the construction site. It also states that personal protective equipment
needs to be provided for all the workers. There is also a guideline to follow to operate heavy
machineries such as cranes in the project site. Moreover, this regulation states the steps taken
against contractors who does not follow the regulation. Contractor should make sure the
workers and supervisors should adhere all these relevant clauses in the law and regulation
during the reclamation project at Giraavaru lagoon.
Concrete Batching
Guideline
The guideline prepared by EPA, is intended to help mitigate the adverse environmental
impacts that may arise while operating ready mix concrete batching plants. Poorly controlled
concrete batching plants may discharge highly alkaline wastewater, dust and excess noise.
This guideline aims to minimize waste generation, water and auxiliary chemicals.
The objective of the guideline is to assist the concrete batching plants to achieve the best
practical environmental outcome. The guideline will provide;
A statement on each element of the environment that may experience potential impacts
due to the operations of concrete batching plants.
16. Suggested measures to mitigate and avoid adverse environmental impacts on the
environmental elements.
The guideline applies to all the concrete batching plants of the construction industry and
will assist the concrete batching plants managers and operators to:
o Identify potential environmental problems and use appropriate tools to monitor
and solve these problems.
o Maintain the air quality of surrounding area at a standard that has minimal health
effects to human and other inhabitants of the area Understand their plant
management’s responsibilities
Main consideration of this guideline is for water quality, air quality, noise emissions
and solid waste disposal. Main points highlighted in the guideline are summarized
below:
Concrete batching plants must be located in an area where they will not pose a hazard to the
environment or the amenity of the local community. Plants should be located so that
contaminated storm water (at heavy rainfall times) and process wastewater can be retained on
site. The land should be flood prone. Care should be taken to minimize and recycle
wastewater generation. The specification for systems to capture and recycle wastewater are;
1. The system’s storage capacity must be sufficient to store the runoff from the bunded
areas
generated by 50 mm of rain in 24hrs.
2. Water captured by the bunds should be diverted to a collection pit and then pumped to
a storage tank for recycling.
3. an outlet (overflow drain) in the bund, one meter upstream of the collection pit, should
divert excess rainwater from the bunded area when the pit fills due to heavy rain (more
than 50 mm of rain in 24 hours).
4. Collection pits should contain a sloping sludge interceptor, to separate water and
sediments. The sloping surface enables easy removal of sludge and sediments.
5. Wastewater should be pumped from the collection pit to a recycling tank. The pit should
have a primary pump triggered by a float switch and a backup pump which
automatically activates if the primary fails.
17. 6. Collection pits should be provided with two visual alarms. The first should activate
when the primary pump fails. The second should activate when water reaches the high-
level mark in the pit. Both alarms should activate warning devices on the operator’s
console.
7. Wastewater stored in the recycling tank needs to be reused at the earliest possible
opportunity. This will restore the system’s storage capacity, ready to deal with
wastewater generated by the next rainfall.
8. If the water level exceeds the capacity of the recycling tank, the wastewater must be
taken to a waste treatment facility licensed by EPA for this type of waste.
9. As the wastewater system captures and recycles process water, wastewater must not be
discharged from concrete batching plants in dry weather.
10. Runoff after heavy rainfall (more than 50 mm of rain in 24 hours) contains very small
quantities of wastes and is unlikely to pose a significant threat to the environment
The Strategic Action Plan
2019-2023
“The Strategic Action Plan (SAP) of the Government of Maldives is a central policy
framework and planning document that guides the overall development direction of the
Maldives for the next five years. The SAP consolidates the current Government’s manifesto
pledges with existing sectoral priorities. The SAP serves as the main implementation and
monitoring tool to track the progress of the delivery of the Government’s policies and
development priorities. The SAP is formally rolled out into the line ministries’ day to day
operations from 1 October 2019” (GoM, 2019)p.9. The SAP serves as the main
implementation and monitoring tool to track the progress of the delivery of the Government’s
policies and development priorities. The SAP has a total of 5 main sectors which includes:
Blue Economy: outlines economic priorities and how it will be delivered in a
sustainable manner
Caring State: outlines priorities relevant to social progress
Dignified Families: outlines priorities relevant to social progress
Jazeera Dhiriulhun: outlines priorities relevant to community infrastructure and
services,
Good Governance: outlines key governance reforms
The 5 main sectors categorize into a further 33 subsectors covering areas of the economy,
health, education, community needs, utilities as well as governance. These subsectors are
18. accompanied with a matrix meant to aid in practical implementation of these policies and
monitoring progress.
Utility Regulatory
Authority Act (Law No.
26/2020)
The Ministry of Environment has issued EIA regulation on May 2012, which guides the
process of undertaking the Environmental Impact Assessment in the Maldives – This
guideline also provides a comprehensive outline of the EIA process, including the roles and
responsibilities of the consultants and the proponents. This regulation outlines every step of
the IEE/EIA process beginning from application to undertake an EIA, details on the contents,
minimum requirements for consultants undertaking the EIA, format of the EIA/IEE report and
many more.
Single use plastic phase
out plan 2020-2023
In 2020 in order to strengthen the National efforts to reduce the waste generation in the
Maldives: the single use plastic phase out plan was adopted and since 1st of June 2021 the
following single use plastic items have officially been banished from import:
• Single-use plastic-based drinking straw
• Single-use plastic-based plates, cutleries and stirrers
• Plastic shopping bags below 30×30 cm
• Imported sweet areca nuts in plastic wrapping
• Single-use plastic drinking cups below 250ml
• Cotton bud with plastic stems
• Shampoo, soap, conditioner and lotion bottles in plastic packaging that are 50 ml and
below
• All imported water packed in plastic bottles below 500 ml Additional import bans
which will become effective in a later stage are:
• the import ban of beverages packed in plastic bottle below 500ml will be effective from
1st June 2022
• the import ban of Styrofoam lunch box will be effective from 31st December 2021
Climate emergency Act The Climate Emergency Act (10/21) published in May 2021 serves to develop a policy
framework for emission reduction, to become carbon neutral by 2030, create awareness on
climate change, align development plans with climate change mitigation or adaptation
measures and to develop a framework for a carbon budget. One of the strategies proposed to
19. reduce emission is by becoming carbon neutral by 2030 and it states that the amount of GHG
emitted in 2030 must be equal to the amount of GHG offset in 2030. The Act also calls to
develop a carbon budget to ensure the road to carbon neutrality. The carbon budget must be
prepared in association with institutions, local councils, NGOs, business, and the public. A
National Action Plan will also be developed to ensure he requirements under the Climate
Change Act will be implemented.
Air Quality Prevailing wind directions along with natural and artificial wind barriers should be considered
to help control dust from the plant. Minimum buffer distance of 100m between batching
plants and sensitive land uses. The plant compound traversed by vehicles should be paved
with hard impervious material. Spills and leaks must be cleaned up immediately. Sand and
aggregates should be stored in a hopper or bunker which shields the materials from winds.
The bunker should enclose the stockpile on three sides. The walls should extend one
meter(1m) above the height of the maximum quantity of raw material kept on site, and one
meters (1m) between the stockpile and walls of bunker. In-ground storage bunkers minimize
dust emissions from stockpiles. Where these are filled by drive-over deliveries, the bunker
should be shielded on two sides by shrouds or walls that are at least 0.5metres high and
extend the entire length of the bunker. Vehicles should be covered during transportation of
material. Silos should be equipped with sensors to prevent over filling. An inspection of dust
control components should be performed routinely at least once a week.
Solid waste If waste concrete cannot be reused for construction purposes at the batching plant all the
waste concrete should be directed to a fully enclosed pit where it can be dried and disposed
according to Waste management regulation 2013/R-58. All concrete should be accounted for,
to ensure proper disposal of the waste product. Aluminum cans, glass bottles, paper, other
office waste and packaging materials such as plastic and cardboard should be disposed
according to EPA’s waste management regulation 2013/R-58. If possible, it is advised that
these materials be recycled. Waste generated by the batch plant can be kept outside the
boundary of the plant, only to be transported to the waste management facility. If waste is left
unattended for more than 2hrs the operator will be liable and will be penalized under Waste
Management Regulation 2013/R-58.
20. Noise Emissions Noise is a form of pollution and a potential source of conflict between the operators of a
concrete batching plant and the local community. Noise emitted from a concrete batching
plant must be managed as carefully as other discharges from the site. Noisy equipment should
be located behind sound barriers or sound absorbers. Access and entry points should be away
from noise sensitive areas. Adequate buffer should be kept between the plant and neighbors.
Operation times to be limited to between 7.00am and 6.00pm. If extend the noise level must
be maintained at 35-40dB (for an 8hr period) within the buffer zone and should be followed
by an interval of 2hrs. Special permit must be taken for extended operations.
Dewatering regulation Dewatering regulation (2021/R-20) came into effect in February 2021. The main purpose of
this regulation is to protect groundwater resources from the potential impacts of dewatering
pollution. According to the regulation a dewatering permit shall be obtained from URA prior
to any dewatering operation.
Neighbouring properties within a 100m radius from the project should be informed before
dewatering begins. A 30m boundary should be considered impact area from all dewatering
operation and any properties within that boundary should be informed 24 hours before
dewatering operation begins. In addition to this dewatering signage should be placed during
the process of dewatering. If a neighbouring property withing the 30m perimeter endures any
difficulty in obtaining groundwater, the developer should arrange to provide them with no
less than 250L per day for each household or provide the equivalent financial compensation.
The developer should take any responsibility for any harm or damage caused due to
dewatering to any property within the 30m perimeter.
Water will only be allowed to be discharged to the lagoon if it is deemed that dewatering to
the land will cause harm to the groundwater aquifer, the natural environment, residents living
in the area and surrounding properties. Sediment and silt should be filtered before discharging
to the lagoon. Approval in the form of a no objection letter should be obtained from the
sewerage service provider if the water is to be discharged through existing sewerage system.
This letter should be then submitted for URA for approval.
The longest duration the dewatering process will be authorized for is 28 days. A fee of 500
VR should be paid per day for the duration of the dewatering process. This amount can be
increased with the increase in number of days. If the dewatering is not completed by this
duration, an extension should be submitted 3 days prior to the expiry of the approval.
21. Extensions are provided for a maximum of 6 months and another extension should be
submitted if needed.
Approval should be obtained from respective island or city council before dewatering pipes
are laid. It is the responsibility for the developer to monitor and maintain the condition of the
pipes during this period, and to remove the pipes when dewatering works are complete.
Dewatering can be carried out after gaining approval from the enforcing body following the
submission of “the dewatering approval form” in Annex 1 of the regulation. Water quality test
results also have to be submitted along with the form.
URA has the authority to stop or suspend any dewatering activity which does not comply
with the regulations. The regulations detail the fines/penalties that are in place for those that
do not comply with the regulation.
Disaster Management Act This Act refers to the responsibility of the State to protect its people, their health and well-
being, their property, and the natural and built-up environment they live in from natural and
man-made disasters, and hazards.
And whereas, the Maldivian territory and People subject to disaster risk, hazards, disasters and
emergency situations and are required to take measures to minimize the sensitive nature of
formation of the natural habitat, not only in disaster response, but in mitigating disaster,
and establish a national emergency response guideline, to ensure disaster preparedness, to
assist in disaster relief and disaster victims, saving their lives and property, to seek assistance
in providing basic necessities, and to coordinate all related matters on the national standard, to
incorporate disaster mitigation standards within the sustainable development projects,
communities, international institutions, coordination, disaster management policies, and
guidelines of the Act.
Purpose of the act
To protect the people from natural hazards and man-made disasters.
To incorporate guidelines on disaster risk mitigation and preparedness.
22. To reduce disaster risk and to adapt a preparatory national strategy, to identify
responsible parties to manage disaster risk,and to identify their responsibilities.
To provide assistance at emergency situations and to provide assistance on the relief
efforts, to incorporate such guidelines to coordinate such assistance.
To state the roles and responsibilities of the City Councils, Atoll Councils, and Island
Councils in reducing disaster risk and mitigation in emergency situations.
To create awareness among the people in reducing disaster risk and mitigation in
emergency situations, and to incorporate guidelines to protect the people from such
dangers and enhance coping capacity.
To incorporate disaster risk reduction guidelines and policies within the sustainable
National development projects.
To make the people responsible and accountable towards disaster risk reduction and
mitigation
Fisheries Act of the
Maldives (No.14/2019)
his Act provides for the sustainable management of fisheries and marine resources and their
ecosystems in the maritime zones of the Maldives, provides for the control of fishing by all
persons within the maritime zones of the Maldives as well as fishing by Maldivians outside the
maritime zones of the Maldives, and lays down the principles and bases for the development
and management of the fisheries and aquaculture industry. The Act consists of 88 sections
divided into 12 Chapters: Preamble (1); Implementation of Law (2); Fisheries Planning and
Management (3); Fishing and Related Activities in the Maritime Zones of the Maldives (4);
Fishing Beyond the Maritime Zones of the Maldives (5); Deterring Illegal Fishing (6);
Licensing Rules (7); Aquaculture (8); Monitoring, Control and Surveillance System (9);
Offences and Penalties (10); Jurisdiction and Assumptions (11); Miscellaneous (12). "Related
activities" in this Act is defined to include, among other things, transhipment of fish or fisheries
products to a vessel or from a vessel to another place and refuelling or supplying fuel to fishing
vessels or providing any activity or service in support of fishing operations.
23. The Maldives Navigation
Act (Act no.69/78)
This act covers which covers navigational safety requirements for seagoing vessels.
The Act gives power to the Minister of Transport to make regulations on safety of any
seagoing vessel which operates in the Maldives territorial waters. There are three main
Regulations which cover safety measures for seagoing vessels:
1. The Regulations on navigation of seagoing vessels in the Maldives territorial waters
have 13 chapters. This regulation mainly talks about safety measure for building a
vessels that shall operate in the Maldives territorial waters Some chapters also talk
about the Regulations provides that all vessels are to be registered under these
Regulations in the Ministry and stipulates what are the requirements for registration.
2. The Regulations on safety of seagoing vessels (Regulation no. 2015/R229). As per
section 45 (b) ‘vessel’ is defined as any seagoing vessel which carries cargo,
passenger or cargo and passengers. The safety regulation addresses the detailed
procedures for surveying vessels for seaworthiness certificate. The regulation also
mentions that seaworthiness certificates must be issued for 1 year (TA, 2015). The
inspection carried out before issuing the seaworthiness certificate includes checking if
the crew on board the vessels have a valid health certificate and employment
agreement.
3. Regulation on building of seagoing vessels. This Regulation does not apply to vessels
under 8 m long, navy vessels and any vessels used for international voyage. This
Regulation applies to vessels, including cargo carrier, cargo and passenger carriers and
fishing vessels over 8 meters long that operate in the Maldives territorial waters.