The Environmental Protection Agency (EPA) of the Maldives has identified the absence of direct legal authority to take cases to court as the greatest challenge in recovering fines for environmental damages. This was highlighted by EPA Director General Ibrahim Naeem during his address to the Parliament’s Environment and Climate Change Committee yesterday.
Naeem elaborated on the difficulties faced by the EPA, particularly in cases involving reef damage, where cooperation with foreign countries and multiple institutions within the Maldives is often required. He stressed that the inability to independently approach the courts significantly hinders the recovery process.
“The EPA is not as independent as some people expect. The agency lacks the authority to take cases to court directly,” Naeem explained, noting that this results in prolonged delays. He pointed out that many cases referred to the Attorney General’s Office are stalled, further complicating the recovery of fines.
In addition to the legal challenges, Naeem noted the operational difficulties faced by the EPA. The agency can only assess reef damage once a vessel is removed, but delays in the removal process often impede timely assessments. “We can’t even fine until the vessel is removed from the reef. As long as it remains on the reef, the EPA is powerless to act,” he said.
Naeem also highlighted the challenges related to the penalty process, which was developed with the help of foreign consultants and is based on the cost per square metre of coral damage. He indicated that changes in vessel agents or ownership during negotiations further delay the recovery of fines, especially when foreign vessels are involved.
In the past two to three years, the EPA has successfully recovered MVR 228 million from 37 fines related to reef damage. However, more than MVR 676 million in environmental fines remain uncollected since 2009, according to information provided by the EPA last year.
To strengthen the EPA’s ability to enforce environmental protection measures, there is a clear need for legislative reform. Empowering the EPA with the authority to take cases directly to court would streamline the process, reduce delays, and improve the agency’s effectiveness in recovering fines. Furthermore, increasing the agency’s budget for operational activities, such as diving operations and site visits, is essential to enable timely assessments of environmental damage.
Empowering the EPA would not only enhance its capacity to enforce penalties but also act as a deterrent against future violations. By addressing these structural and financial challenges, the Maldives can better protect its fragile marine ecosystems and hold offenders accountable for environmental damage.
