GUIDELINE FOR OBTAINING DEVELOPMENT CONSENT AND QUARRY DEVELOPMENT PERMIT IN THE KINGDOM OF TONGA

GOVERNMENT OF THE KINGDOM OF TONGA

Ministry of Lands, Survey, Planning, and Natural Resources

GUIDELINE FOR OBTAINING DEVELOPMENT CONSENT AND QUARRY DEVELOPMENT PERMIT IN THE KINGDOM OF TONGA

Under the National Spatial Planning and Management Act 2012, the Land (Quarry) Regulations (as amended), and the Environmental Impact Assessment Act 2003

Date: 14 July 2025

1. INTRODUCTION

This Guideline outlines the legal procedures and documentation required to carry out land development and quarrying activities in Tonga. It distinguishes between:

• Development Consent: General approval under the National Spatial Planning and Management Act 2012;
• Quarry Development Permit: Specific approval for quarry operations under the Land (Quarry) Regulations;
• Environmental Impact Assessment (EIA): A supporting environmental evaluation required by law, not a permit.

2. DEVELOPMENT CONSENT

2.1. What Is It?

Development Consent is the legal approval required before any substantial land-use change or construction begins.

2.2. When Required

You must apply for Development Consent for:

• Subdividing land;
• Constructing buildings;
• Commencing quarrying operations;
• Changing land use (e.g., agriculture to industrial);
• Infrastructure projects.

Exemptions apply only to very minor activities, as defined in Section 30 of the National Spatial Planning and Management Act (NSPMA).

2.3. Application Steps

Step	Action
1. Pre-check	Determine if your activity requires consent by consulting the Planning Authority.
2. Form Submission	Submit a complete application form with: - Site plan - Title or lease - Owner’s consent - Development proposal
3. EIA Requirement Check	Your application may be referred for EIA determination (see Section 4 below).
4. Public Notification	If needed, your project may be published for public comment.
5. Review	The Planning Authority assesses impacts and planning alignment.
6. Outcome	Approval (with conditions), refusal, or request for revision is issued.
7. Appeal	Applicants may appeal a refusal within 21 days.

3. QUARRY DEVELOPMENT PERMIT

3.1. What Is It?

A permit specifically required for extracting stone, sand, gravel, or similar materials from land, administered by the Ministry of Lands.

3.2. Key Legal Notes

• Governed by the Land (Quarry) Regulations and 2025 Amendments.
• Cannot be issued without Development Consent.
• Quarrying on tax allotments is prohibited.

3.3. Application Steps

Step	Action
1. Obtain Development Consent	This is a mandatory prerequisite.
2. Prepare Quarry Permit Application	Include: - Development Consent - Landowner’s written consent - Geological Survey - Environmental Management Plan (EMP) - Rehabilitation Plan (RP) - Site map with coordinates - Lease or occupancy evidence
3. Submission	Submit to the Ministry of Lands, Survey, Planning and Natural Resources.
4. Review by Technical Committee	Includes site inspections, environmental review, and assessment of compliance.
5. Outcome	Permit issued with conditions or returned for revision.

4. ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

4.1. What Is It?

An Environmental Impact Assessment (EIA) is an independent environmental review, required under the Environmental Impact Assessment Act 2003 for major projects. It is not a development approval or a permit.

4.2. When Is an EIA Required?

An EIA is required if:

• The activity is listed in the Schedule of Major Projects (e.g. quarrying, roads, cement plants);
• The Minister determines, based on likely significant impacts (soil erosion, biodiversity loss, pollution, etc.), that it qualifies as a major project (Section 9, EIA Act).

4.3. EIA Application Process

Step	Action
1. Notify the Minister	Complete Form 1 (Schedule 1 of the EIA Regulations)
2. EIA Determination	Within 30 days, the Minister will notify if an EIA is required.
3. Prepare the Environmental Study	If required, prepare according to Form 3 (Major Projects) guidelines.
4. Submit to the Committee	The Environmental Assessment Committee reviews and advises the determining authority.
5. Receive Certification	Approval is needed before any permit or construction begins.

Important: Carrying out any activity without the required EIA and approval is an offence and may result in fines, imprisonment, or project shutdown.

5. EMP VS. EIA

Document	Purpose	Applies to	Required By
EIA	Assesses environmental risks and impacts	Major	Planning Authority/ Minister for Environment
EMP (Environmental Management Plan)	Details how to manage and mitigate environmental	All quarry operations	Ministry of Lands (Quarry Permit requirement)

6. SUMMARY TABLE

Type	Purpose	Authority	Required Documents
Development Consent	Authorizes land use and construction	Planning Authority	Site plan, lease/title, owner, consent, EIA if required
Quarry Development Permit	Authorizes quarrying activity	Ministry of Lands	DC, EMP, RP, geological report, landowner consent
EIA	Assesses impacts of major projects	Minister for Environment	Environmental Study, Form 1/3

7. MISCONCEPTION CLARIFICATION

"An Environmental Impact Assessment (EIA) is NOT a Quarry Permit.

It is an environmental review required for major projects to inform the approval process. You still need separate permits: Development Consent and Quarry Permit."

8. PENALTIES FOR NON-COMPLIANCE

• Carrying out quarrying without:
  • Development Consent → violation under NSPMA
  • EIA (if required) → offence under the EIA Act (Section 19)
  • Quarry Development Permit → breach of Land (Quarry) Regulations

Penalties include:

• Fines up to $10,000;
• Imprisonment;
• Stop work orders and site rehabilitation at your cost.

9. CONTACT POINTS

Office	Contact
Ministry of Lands, Survey and Natural Resources	Quarry Permits –enquiry@naturalresources.gov.to
Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change and Communications (MEIDECC)	EIA Unit – OTTO SANFT BUILDING, Nuku’alofa
National Spatial Planning Authority	enquire@lands.gov.to