References: Business License Act - www.paclii.org/vu/legis/consol_act/bla165/

Peer Review Comments: Some business licenses appear to be reserved for Indigenous Ni-Vanuatu only, such as a business license for a Bus service or a kava bar, but this is unclear in law. Non-Indigenous citizens do not appear to be able to run businesses in these areas reserved for Ni-Vanuatu. Expatriate residents certainly can not run businesses in these areas, at least directly.

References: Ombudsman Act, Sections 17 and 18

References: Daily Post Chief Editor Kierry M.

References: Daily Post Chief Editor Kierry M. Ombudsman Office

References: [ LINK ] Section 3 of the Heath and Safety at Work Act

Peer Review Comments: This information is generally not available in Pacific countries.

Peer Review Comments: Section 3 of the Health and Safety at Work Act Cap 195 states that:

DUTIES OF EMPLOYERS AND SELF-EMPLOYED TO PERSONS OTHER THAN THEIR EMPLOYEES

3. (1) It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety. (2) It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.

There is also the Public Health Act of 1994.

References: Daily Post Chief Editor Kierry M. [ LINK ] The Public Heath Act (1994)

Peer Review Comments: The Public Health Act of 1994 provides basic business regulatory requirements for meeting public environmental standards, especially sanitation and water standards, that are transparent and publicly available. However, they are not necessarily widely known about, complied with or enforced, but they do exist in law as the parts and sections of the Act show:

PUBLIC HEALTH ACT NO. 22 OF 1994

ARRANGEMENT OF SECTIONS

PART 1 - PRELIMINARY

1. Interpretation

PART 2 - ADMINISTRATION

2. Responsibilities and powers of the Minister 3. Power regarding local authorities 4. Power of delegation 5. Power of Director of. Health 6. Duties of local authorities for the purposes of this Act 7. Appointment of authorized officers

PART 3 - PREVENTIONS AND SUPPRESSION OF NOTIFIABLE DISEASE

8. Reporting of notifiable disease 9. Powers of. Minister, Director and local authorities 10. Penalty for obstruction 11. Medical examination of person suffering from notifiable disease 12. Isolation or exclusion of persons exposed to infection 13. Infected persons 14. Disinfection of a public conveyance 15. Letting infected house 16. Owner of letting house to give true information 17. Infected person not to use a swimming pool 18. Prohibition of homework where notifiable disease exists 19. Disposal of dead bodies 20. Infected articles to be dealt with 21. Amendment of Schedule or restrict application

PART 4 - NUISANCE

22. Prohibition of nuisance 23. Local authorities to maintain cleanliness and prevent nuisances 24. What constitutes a nuisance 25. Abatement notice 26. Failure to comply with an abatement notice 27. Imposition of nuisance order by court 28. Local authority may execute work to abate nuisance 29. Nuisance by two or more persons 30. Power of entry

PART 5 - PREVENTION AND DESTRUCTION OF MOSQUITOES AND VERMIN

31. Breeding places a nuisance 32. Premises free of receptacles or long grass 33. Water tanks to be covered and screened 34. Articles not to provide harbourage for mosquitoes 35. Septic tanks, soakaways, etc., to be screened 36. Larvae, etc., to be destroyed 37. Present of Mosquito larvae an offence 38. Entry to routine or emergency mosquito eradication

PART 6 - FILTHY OR VERMINOUS PREMISES OR ARTICLES AND VERMINOUS PERSONS

39. Cleaning of filthy or verminous premises 40. Cleansing or destruction of filthy or verminous articles 41. Cleansing of verminous persons ad their clothing

PART 7 - PROVISION AND PROTECTION OF WATER SUPPLY

42. Urban houses to be provided with a proper water supply 43. Provision of proper water supply in rural areas 44. Municipal Councils to enforce provision of water supply 45. Sampling of water 46. Closure or restriction of water from polluted source 47. Tanks, etc., to be kept clean 48. Pollution of water supplies

PART 8 - SANITATION AND WASTE DISPOSAL

49. Urban houses to be provided with proper sanitation 50. Provision of proper sanitation in rural areas 51: Enforcement of provision of sanitation system in urban area 52. Definition of the sufficiency of a sanitation system 53. Adequate sanitation systems at hotels, etc. 54. Inspection of sanitation system 55. Building without sanitation system may not be occupied 56. Toilet, etc. to be kept clean 57. Prevention of nuisance from sanitation system 58. Public toilet 59. Obligation to provide toilets 60. Removal or alteration of sanitation system 61. Examination of sanitation system 62. Toilet accommodation used in common 63. Latrine not to threaten source of water supply 64. Raw sewage not to be discharged into a water course 65. Refuse not to be deposited in a water course 66. No litter to be deposited on beach or foreshore 67. Existing buildings to be provided with drains 68. New buildings to be provided with drains 69. Obligation to provide drains 70. Urban buildings to be provided with refuse bins 71. Public refuse bins 72. No litter to be deposited on street, etc. 73. Interference with refuse bins and refuse tips prohibited

PART 9 - PROVISION RELATING TO VESSELS

74. Interpretation 75. Inspection of vessels 76. Abatement of a nuisance 77. Application of Parts 3 and 6

PART 10 - BUILDINGS AND HOUSING

78. Prevention of danger from unsuitable buildings 79. Building lots to be filled in and drained 80. Notice to build and provision of plans 81. Unsuitable building materials 82. Building sites not to be filled in with refuse matter 83: Examination of premises 84. Closing order 85. Notice of closing order 86. Notice of demolition 87. Demolition order 88. Execution of work by order. 89. Removal of building 90. Appeal against orders 91. Prevention of hazard when constructing and demolishing buildings 92. Provision of ingress and egress from building 93. Overcrowding 94. Regulations regarding overcrowding 95. Basement and cellars 96 Nuisances

PART 11 - SWIMMING POOLS

97. Licensing of swimming pools 98. Closure of swimming pools

PART 12 - CONTROL OF BABY FEEDS

99. Promotion of breast feeding and control of commercial baby feed 100. Supply and use of prescribed articles 101. Authorization 102. Prescribed advertisements 103. Definition

PART 13 - CONTROL OF SMOKING

104. Prohibition on smoke 105. Ban on the advertisement of cigarettes 106. Warning phrases 107. Maximum content 108. Regulations on smoking

PART 14 - SEAT BELTS AND SAFETY OF INFANTS IN MOTOR VEHICLES

109. Seat belt use 110. Safety of infants 111. Regulations on seat belts and safety in motor vehicles

PART 15 - FINANCIAL

112. Vanuatu Public Health Fund

PART 16 - GENERAL PROVISIONS

113. Regulations 114. Codes of practice 115. Provision of services by the Minister 116. Local authority by-laws 117. Registration and Licensing 118. Examination and investigation 119. Power to obtain information 120. Protection of information provided 121. Service of notices 122. Power to enter 123. Penalty for obstruction 124. Offences by body corporate 125. General penalties 126. Institution of proceedings 127. Prevention of conflict of interest 128. Indemnity and immunity of authorized officers 129. Saving of other written laws 130. Commencement Schedule

References: Daily Post Chief Editor Kierry M. [ LINK ] Section 3 of the Health and Safety at Work Act

Peer Review Comments: The Public Health Act 1994 provides basic business regulatory requirements for meeting public safety standards that are transparent and publicly available. However, they are not necessarily widely known about, complied with or enforced, but they do exist in law as the Parts and Sections of the Act show:

PUBLIC HEALTH ACT NO. 22 OF 1994

ARRANGEMENT OF SECTIONS

PART 1 - PRELIMINARY

1. Interpretation

PART 2 - ADMINISTRATION

2. Responsibilities and powers of the Minister 3. Power regarding local authorities 4. Power of delegation 5. Power of Director of. Health 6. Duties of local authorities for the purposes of this Act 7. Appointment of authorized officers

PART 3 - PREVENTIONS AND SUPPRESSION OF NOTIFIABLE DISEASE

8. Reporting of notifiable disease 9. Powers of. Minister, Director and local authorities 10. Penalty for obstruction 11. Medical examination of person suffering from notifiable disease 12. Isolation or exclusion of persons exposed to infection 13. Infected persons 14. Disinfection of a public conveyance 15. Letting infected house 16. Owner of letting house to give true information 17. Infected person not to use a swimming pool 18. Prohibition of homework where notifiable disease exists 19. Disposal of dead bodies 20. Infected articles to be dealt with 21. Amendment of Schedule or restrict application

PART 4 - NUISANCE

22. Prohibition of nuisance 23. Local authorities to maintain cleanliness and prevent nuisances 24. What constitutes a nuisance 25. Abatement notice 26. Failure to comply with an abatement notice 27. Imposition of nuisance order by court 28. Local authority may execute work to abate nuisance 29. Nuisance by two or more persons 30. Power of entry

PART 5 - PREVENTION AND DESTRUCTION OF MOSQUITOES AND VERMIN

31. Breeding places a nuisance 32. Premises free of receptacles or long grass 33. Water tanks to be covered and screened 34. Articles not to provide harbourage for mosquitoes 35. Septic tanks, soakaways, etc., to be screened 36. Larvae, etc., to be destroyed 37. Present of Mosquito larvae an offence 38. Entry to routine or emergency mosquito eradication

PART 6 - FILTHY OR VERMINOUS PREMISES OR ARTICLES AND VERMINOUS PERSONS

39. Cleaning of filthy or verminous premises 40. Cleansing or destruction of filthy or verminous articles 41. Cleansing of verminous persons ad their clothing

PART 7 - PROVISION AND PROTECTION OF WATER SUPPLY

42. Urban houses to be provided with a proper water supply 43. Provision of proper water supply in rural areas 44. Municipal Councils to enforce provision of water supply 45. Sampling of water 46. Closure or restriction of water from polluted source 47. Tanks, etc., to be kept clean 48. Pollution of water supplies

PART 8 - SANITATION AND WASTE DISPOSAL

49. Urban houses to be provided with proper sanitation 50. Provision of proper sanitation in rural areas 51: Enforcement of provision of sanitation system in urban area 52. Definition of the sufficiency of a sanitation system 53. Adequate sanitation systems at hotels, etc. 54. Inspection of sanitation system 55. Building without sanitation system may not be occupied 56. Toilet, etc. to be kept clean 57. Prevention of nuisance from sanitation system 58. Public toilet 59. Obligation to provide toilets 60. Removal or alteration of sanitation system 61. Examination of sanitation system 62. Toilet accommodation used in common 63. Latrine not to threaten source of water supply 64. Raw sewage not to be discharged into a water course 65. Refuse not to be deposited in a water course 66. No litter to be deposited on beach or foreshore 67. Existing buildings to be provided with drains 68. New buildings to be provided with drains 69. Obligation to provide drains 70. Urban buildings to be provided with refuse bins 71. Public refuse bins 72. No litter to be deposited on street, etc. 73. Interference with refuse bins and refuse tips prohibited

PART 9 - PROVISION RELATING TO VESSELS

74. Interpretation 75. Inspection of vessels 76. Abatement of a nuisance 77. Application of Parts 3 and 6

PART 10 - BUILDINGS AND HOUSING

78. Prevention of danger from unsuitable buildings 79. Building lots to be filled in and drained 80. Notice to build and provision of plans 81. Unsuitable building materials 82. Building sites not to be filled in with refuse matter 83: Examination of premises 84. Closing order 85. Notice of closing order 86. Notice of demolition 87. Demolition order 88. Execution of work by order. 89. Removal of building 90. Appeal against orders 91. Prevention of hazard when constructing and demolishing buildings 92. Provision of ingress and egress from building 93. Overcrowding 94. Regulations regarding overcrowding 95. Basement and cellars 96 Nuisances

PART 11 - SWIMMING POOLS

97. Licensing of swimming pools 98. Closure of swimming pools

PART 12 - CONTROL OF BABY FEEDS

99. Promotion of breast feeding and control of commercial baby feed 100. Supply and use of prescribed articles 101. Authorization 102. Prescribed advertisements 103. Definition

PART 13 - CONTROL OF SMOKING

104. Prohibition on smoke 105. Ban on the advertisement of cigarettes 106. Warning phrases 107. Maximum content 108. Regulations on smoking

PART 14 - SEAT BELTS AND SAFETY OF INFANTS IN MOTOR VEHICLES

109. Seat belt use 110. Safety of infants 111. Regulations on seat belts and safety in motor vehicles

PART 15 - FINANCIAL

112. Vanuatu Public Health Fund

PART 16 - GENERAL PROVISIONS

113. Regulations 114. Codes of practice 115. Provision of services by the Minister 116. Local authority by-laws 117. Registration and Licensing 118. Examination and investigation 119. Power to obtain information 120. Protection of information provided 121. Service of notices 122. Power to enter 123. Penalty for obstruction 124. Offences by body corporate 125. General penalties 126. Institution of proceedings 127. Prevention of conflict of interest 128. Indemnity and immunity of authorized officers 129. Saving of other written laws 130. Commencement Schedule

References: Daily Post Chief Editor Kierry M.

Peer Review Comments: Enforcement varies between agencies. Some agencies are better than others at ensuring public health standards are not deliberately designed to extract extra payments from businesses in exchange for favorable treatment.

References: Daily Post Chief Editor Kierry M.

Peer Review Comments: Varies between agencies and the environmental issue under investigation.

References: Daily Post Chief Editor Kierry M. [ LINK ]

Peer Review Comments: Varies between agencies. For example, water inspections in the municipal areas are generally carried out in an even-handed way with consistently good potable water standards, while electricity inspections (particularly informal wiring arrangements) are never carried out at all.