Environmental Laws in Maldives

National Bureau of Statistics, “Statistical Pocketbook of the Maldives 2016” . A fully operational system of marine protected areas has been identified as important, but has not yet emerged. 202 Area laws are crucial for the conservation of terrestrial spaces and the marine environment. The third National Environmental Action Plan 2009-2013 set the target of designating 20 representative islands by 2011, as well as management plans for national protected areas, atoll protected areas and private lands under nature conservation agreements. it is not clear whether this has been achieved. It was also noted that 203 wetlands require special attention to determine significance, develop management plans and introduce legislation. 204 There appears to be sufficient justification for the development of a protected areas regulation in a manner similar to that of the Aquaculture Regulation and the EIA Regulation. An inhibiting factor will be the integration of provisions that can protect areas under the EPPO, fisheries legislation and the Tourism Act. Recent announcements indicate that a new instrument for the conservation of protected areas, nature reserves and biodiversity has been adopted, updating the classifications (internationally protected areas, wilderness areas, national parks, natural monuments, habitat management areas/species and protected areas for sustainable use) and providing for new rules, including the establishment of a register of declared areas and the Right to charge access fees. 205 The new regulations to be adopted must be fully implemented and their effectiveness evaluated. It appears that non-governmental and non-profit organizations working at the local level have had an influence on awareness-raising, training and information sharing, as well as in taking action on the ground for environmental protection.

206 Your role vis-à-vis the central government is likely to remain important. There is no comprehensive fisheries policy in the Maldives, but a number of policies, plans and programmes relate to fisheries, mainly with regard to preserving the health of the oceans, the fishing industry and food security. 152 The shift towards placing tourism above fishing concerns is particularly evident with regard to sharks. Although there was a traditional shark fishery in the 1990s, it had declined, and there was evidence that the loss of sharks from dive sites could have a negative impact on the tourism sector. 153 Maldives banned fishing for whale sharks in 1995 and longlines in 1996 and 1997; This was followed in 1998 by a ten-year moratorium on shark fishing, in 2009 by a total ban in territorial waters and in 2010 on the entire EEZ. 154 In 2015, the Maldives adopted a national action plan that included “measures to strengthen current management measures and propose other measures necessary for the non-sustainable use of shark resources.” 155 This step-by-step approach shows a change in attitude, recognition of environmental impacts and a desire to protect shark health for the tourism industry. Basic environmental legislation, as well as comprehensive EIA regulations, provide a solid basis for decision-making for the development of building permits. The regulations of the Tourism Act (see below) complement them with regard to the construction and operation of hotels and resorts. In addition, the Maldives Islands and Lagoons Recultivation and Dredging Ordinance (R-15/2013) aims to minimize the impact of development, limit sand removal, recovery or dredging to within 200 metres (with the exception of a Government development project approved by the Cabinet) and compliance with standards. 113 Nevertheless, there are significant gaps in the protection of wild animals, the right to biodiversity and the management of protected areas. The Maldivian government has recognized this and steps are being taken to strengthen environmental policy. As mentioned earlier, the Passover in the Maldives is one of the most important current strategy papers, setting out the activities and objectives planned for 2016-2025.

NbSAP`s first strategy focuses on improving governance and policy. Two relevant legal indicators are identified: “By 2020, governance for biodiversity conservation will be strengthened at local and national levels”; and “By 2020, enforcement of biodiversity laws and regulations will be strengthened”, including by closing gaps and strengthening environmental policing and increasing the number of cases handled by the Environmental Crime Division. .