According to Section 5, this Act shall, to the extent possible, be interpreted and applied in a manner that ensures all individuals performing functions, duties, or exercising powers under it act consistently with the Kingdom’s obligations, unless otherwise provided by another Act of the Kingdom. In doing so, they must strive to minimize conflicts among users, promote good governance, and protect and rehabilitate the environment. They are also required to support the conservation of biodiversity through the application of the precautionary principle and an ecosystem-based approach, while advancing a sustainable blue economy and ensuring food security. Furthermore, actions taken under this Act should contribute to building resilience to climate change, including mitigation and adaptation efforts, and should be informed by the best available scientific knowledge.
The functions of the Minister are laid down in Section 6, such as communicating the Government’s national policy objectives concerning the ocean sector to the Commission; and ensuring the effective enforcement, monitoring, and evaluation of the Kingdom’s progress in achieving the objectives of the Marine Spatial Plan and the National Ocean Policy. This Act provides for the establishment of the Ocean Management Commission, and sets out its functions and powers. It also lays down provisions on the functions of the Chief Executive Officer of the Commission; the power of delegation of the Commission; the establishment of the Ocean Advisory Committee; the functions, roles members and responsibilities of the Advisory Committee; the functions of the Secretariat for the Commission and Advisory Committee; and the establishment of sub-committees.
Part IV determines rules as regards the preparation, coming into effect, content, review, amendment, consultation, adoption and publication of the National Ocean Policy. Part V provides for the preparation, content and processes of all national and island district marine spatial plans and the designation of Ocean Management Areas. Part VI requires obtaining a development consent to conduct development in the Tonga Ocean Area, where an ocean development or activity is not regulated under an existing legislation, such as fisheries, maritime transportation, renewable energy or tourism. Every development application shall be accompanied by an environmental impact assessment. Part VII deals with information and data management. Part VIII provides for the establishment of the Ocean Management Fund, and sets rules as regards an ocean development levy in respect of ocean-based development and activities, and fees and charges within the scope of this Act. Part IX prescribe offences and penalties, the designation and powers of authorised officers, and the jurisdiction of the Court. Finally, this Act articulates rules on dispute resolution.