THE company behind the proposed waste to energy plant at Vuda Point has appealed to the Environmental Tribunal, challenging the Department of Environment’s decision to reject the company’s Environmental Impact Assessment (EIA) report.
Next Generation Holdings (Fiji) Pte Ltd filed the appeal against the Director of Environment’s June 4 decision, arguing the rejection was based on errors of law and an improper exercise of statutory powers.
The appeal was called for the first time yesterday before Magistrate Charles Ratakele, who gave the Environment Department 14 days to file its response and appeal record.
In its notice of appeal, the company raised seven grounds, claiming the Director of Environment wrongly concluded she could not seek or consider additional information to address alleged deficiencies in the EIA report.
It argues that the Environment Management Act and the Environment Management (EIA Process) Regulations expressly allow the director to request further studies, documents, or information instead of rejecting an application outright.
The appeal further alleges the director applied incorrect legal tests, failed to exercise her statutory discretion, considered irrelevant matters, gave inadequate reasons for the rejection, and reached conclusions that were unreasonable and unsupported by the evidence.
The company is seeking orders setting aside the director’s decision and remitting the EIA application for reconsideration in accordance with the law.
The matter will be recalled on August 13 for Magistrate Ratakele’s directions for the hearing.
