Senior & Junior Consultants/Environmental Law Experts or Firm, Supporting Review of the Environment

Senior and Junior Consultants/Environmental Law Experts or Firm, Supporting Review of the Environment Act (2000) and Associated Activities, USAID-PNG Sustainable Landscapes, Papua New Guinea

Background: 

USAID’s Papua New Guinea Sustainable Landscapes (PNGSL) program is a five-year activity that aims to transform Papua New Guinea’s forests and peatlands into a key pillar of the country’s future low-carbon economy and support the efforts to improve forest governance, increase the environmental sustainability of the forest industry, and protect the land and resource rights of communities to reduce GHG emissions, enhance carbon sequestration and increase the sustainability of natural resource management (NRM). This will be accomplished by strengthening national, provincial, and local governments, and resource users to better manage their customary lands in high carbon stock (HCS) areas; increasing the environmental sustainability of the forestry and infrastructure sectors; and building community-level capacity to apply their rights to land and improve their livelihoods through sustainable use of natural resources. All of these workstreams align with PNG’s recent focus on reforming its policies, legislative and regulatory frameworks, and institutional restructuring to enhance NRM, and shift from its current emissions-intensive growth strategy to a low-carbon, resource-efficient and socially inclusive investment, moving to the green economy.

These visions are clearly featured in the country’s Constitutional goals to its overarching development vision (Vision 2050), development policies, laws, and regulations to guide ecologically sustainable development as reflected in Pillar 5 of Vision 2050. Pillar 5 is dedicated to Environmental Sustainability and Climate Change which specifically focuses on emissions reduction and biodiversity protection while enhancing sustainable development. Achieving these goals requires appropriate environmental governance frameworks and effective law enforcement machinery through improvement and reform in the environment and natural resources law sector where PNG can safeguard and enhance both ecological and human well-being. In this context, PNGSL is inviting two Legal Experts/Consultant or a firm to review the Environment Act, 2000, and other Associated Activities such as the development of the “Administrative Order” to operationalise CEPA as an “Authority”.

About the Review of the Environment Act

PNGSL is supporting CEPA to review the Environment Act (2000) and other operational instruments as the Administrative Order as required under the CEPA Act (2014) to fully operationalize CEPA as an ‘Authority’. The Environment Act (2000) is the primary legislation for environmental control and management on development activities and the Act is supported with several subordinate legislations. CEPA being the mandated state agency responsible for all matters relating to environment protection, conservation, and managing environmental control actions for development through its environment permitting process (EIS/EIA), plays an important role in safeguarding the social and environmental concerns of the society. With the recent changing circumstances and policy change such as the National Sustainable Land-use Policy, REDD+ Safeguards, National Road Strategy (economic corridors/Connect PNG), and the infrastructure Environment Social Safeguard (ESS); it requires the 23-year-old Environment Act (2000) to be reviewed to ensure consistency with these policies and statutes.

Primary Duties and Responsibilities:

PNGSL is seeking two suitable and qualified Legal Experts/Consultants or a firm to work under the leadership and guidance of the CEPA management, and in consultation with PNGSL and key agencies and stakeholders in the context of reviewing the Environment Act. The multi-stakeholder approach to the review of the Environment Act will provide for engagement with national and sub-national stakeholders through national and regional consultation workshops.

The Legal Experts/Consultants or firm will report to, and be directly supervised by the Deputy Managing Director, CEPA and working closely with PNGSL through the Policy, Planning and Governance Advisor (PPGA) under the oversight of the Chief of Party. The Legal Experts/Consultants, in consultation with the PPGA, will also be expected to work with other PNGSL Implementing Partners, collaborating stakeholders and other key state agencies. The Legal Experts/Consultants will be responsible for the review, finalization, and presentation of the revised Environment Act for the ministry of Environment, Conservation and Climate Change to take it through the law review or law-making process in Parliament.

The Legal Expert/Consultant will undertake the following:

• Undertake a review and analysis of PNG’s Environmental legal framework and policy.
• Develop a Legal Policy Analysis Matrix, Identifying limitations and strengths (SWOT) in the legal and policy framework and its application.
• Undertake review and gap analysis of recent policy changes such REDD+, infrastructure ESS, National Sustainable Land Use Policy (NSLUP), remodelling of the forestry sector and how it all interacts with the Environment Act in the Legal Policy Analysis Matrix.
• Provide recommendations and actions to address these limitations and/or gaps with particular emphasis on how it can be integrated.
• The Legal Experts/Consultants or firm in consultation with CEPA and PNGSL will plan and host an Inception Workshop to inform all stakeholders on the review of the Environment Act.
• The Consultants/Legal Experts or firm in consultation with CEPA will plan and conduct the national and regional consultation workshops in the four regions of PNG (Momase, Highlands, NGI and Southern).
• Undertake a complete revision of the Environment Act, 2000 to produce a revised version—Environment (Amendment) Act, 2026.
• Review and finalize the Revised Environment Act in preparation for submission to the State Solicitor’s Office (SSO) for its vetting and issuance of Certificate of Necessity (CoN).
• Support the Constitutional Law Review Commission (CLRC) and CEPA to prepare consultation report and policy brief to support the Revised Environment Act for submission to the SSO for its assessment and issuance of the CoN to enable CEPA submits Revised Environment Act to Parliament for endorsement.
• In consultation with CEPA and other relevant agencies, develop an Administrative Order as required under the CEPA Act, 2014 to operationalize CEPA as an ‘Authority’.
• Other activities as required.

The expected period of performance of this scope of work is from May 20, 2025, to Sept 30, 2025, with a possibility of extension depending on the progress of the review of the Environment Act. The budgeted level of effort (LOE) for the work is 200 days; additional LOE may be added to the scope of work if work on the review is deemed necessary by the Chief of Party or Policy, Planning and Governance Advisor.

Expression of Interest Content:

The consultant will submit an Expression of Interest comprised of the following:

• Technical proposal of no more than 5 pages and should indicate how the consultant is going to undertake or support the activities highlighted in these terms of reference, and indicate proposed cost for each deliverable.
• Furthermore, provide an outline of the proposed methodology to complete this activity.
• Capability statement (not more than 2 pages), including a brief outline of at least 2-3 previous engagements of a similar nature.
• Resume (no more than 4 pages)
• Referee contact details (3 people)

Submissions that do not cover these requirements will not be considered. The deadline for submission is 17th January, 2025.

About Palladium: 

Palladium is a global leader in the design, development, and delivery of Positive Impact – the intentional creation of enduring social and economic value. We work with governments, businesses, and investors to solve the world’s most pressing challenges. With a team of more than 3,000 employees operating in 90 plus countries and a global network of over 35,000 experts, we help improve economies, societies and, most importantly, people’s lives.

Palladium Americas:

Our Americas’ business team has brilliant and passionate colleagues working in Asia, Africa, Europe, the Middle East, and North and South America as well as the Caribbean, fulfilling projects and assignments for clients from institutions, corporations, governments, and foundations based in the Americas. We have offices in Washington, DC, New York City, and Raleigh-Durham, NC.

Our company provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability or genetics.

Read Full Description