Cap. 549 Art. 64Obligations.

(1) An environment obligation may be entered into in those cases where the Authority, in connection with a grant of an authorisation, seeks to impose on the applicant an obligation:

(a) to carry out an activity benefiting the environment in line with the objectives of this Act; or

(b) to make some payment, financial or in kind, toward an environmental purpose, or confer some extraneous right or benefit to the environment, as the Authority considers it to be more appropriate in the public interest and in line with the objectives of this Act. The Authority shall seek to obtain these benefits or gains by means of conditions attached to a grant of the authorisation or by means of an environment obligation entered into by a public deed made by the applicant for the authorisation with the Authority.

(2) Any person may, by agreement with the Authority, enter into an environment obligation, which may include:

(a) mutually agreed terms in relation to the access of genetic resources and benefit-sharing;

(b) restricting the use of that land or operation in any specified way;

(c) requiring specified operations or activities to be carried out, in, on, under or over that land or area;

(d) requiring that land or area to be used in any specified way; or

(e) requiring a sum or sums to be paid to the Authority on a specified date or dates or periodically.

(3) The Minister may, in consultation with the Authority, make regulations for giving better effect to the provisions of this article and may, without prejudice to the generality of the foregoing:

(a) prescribe the procedure how an environmental obligation may be entered into, enforced, modified and discharged; and

(b) establish any restrictions, conditions or the payment of any sums of money which may be imposed in such environment obligations.

(4) The imposition of, or agreement to enter into, an environmental obligation shall:

(a) not constitute an entitlement to an authorisation, licence or permit which would otherwise, considering the merits of the case, not be granted or would only be partly granted; and

(b) in the case of the granting of an authorisation, licence or permit, be additional and without prejudice to the imposition of any relevant conditions, limitations and approved specifications.