THE Environment Tribunal has set aside its order for Great Han International Company Ltd to stop the construction of an apartment project along Princes Rd in Suva.
The tribunal ruled the Environment Management Act 2005 lacked clear guidelines on the need for developers to submit a second Environment Impact Assessment report on top of an initial EIA that had been lodged and approved.
Environment Tribunal Charles Ratakale made the ruling on Thursday while allowing the project to continue.
Mr Ratakale also ruled that both the Suva City Council and the Ministry of Environment qualified as “approving authorities”.
He raised the issue of the formation of a technical group to review the Construction Environment Management (CEMP) and the Operational Environment Management Plan (OEMP) of the Princes Rd project.
“The technical group, having found the updated CEMP and OEMP inadequate, provided recommendations to the respondent (Great-Han International).
“Consequently, the technical group, established to assess the updated CEMP and OEMP, was not correctly constituted or authorised to review these documents.
“This matter illustrates the complex interplay between development, environmental protection and regulatory processes.
“It also demonstrates the importance of thorough environmental assessments, even for projects that may not initially appear to require a full EIA.”
The Environment Tribunal ruled in favour of Great Han, granting them permission to finalise the construction of Buildings 1 and 2 only.
“In reaching this decision, the tribunal has determined that the factors, evidence and arguments presented by Great Han are more compelling than those put forth by the MoE.”
Mr Ratakale also uplifted a stop work order issued to the company on September 23, 2024.
Suva lawyer Feizal Younas Haniff acted for Great-Han International while the Department of Environment was represented by lawyers from the Attorney-General’s office.
