TNG Holdings (Fiji) Pte Limited has lodged an appeal with Fiji’s Environmental Tribunal seeking to overturn the Department of Environment’s decision to reject its proposed Fiji Energy-from-Waste Project.
The appeal has been filed under the Environment Management Act, with the Environmental Tribunal, an independent statutory body, tasked with hearing appeals against decisions made by the Department of Environment.
TNG has outlined several grounds of appeal, arguing that the Department misinterpreted its statutory powers by claiming it could not seek additional information after the company’s Environmental Impact Assessment (EIA) had been submitted, despite legislation permitting such requests.
The company also claims it was denied procedural fairness, saying it received no advance notice of 31 technical questions raised during the review process. It further alleges the Technical Review Committee’s report was substantially drafted before its consultation meeting with TNG.
According to the appeal, the Department relied on third-party submissions that were never shared with the company for comment, while also concluding that key information was missing from TNG’s documentation despite that information being included in the submitted EIA.
TNG said it provided detailed written responses within five days of the review committee meeting but has seen no evidence those responses were considered before the project was rejected.
Director Rob Cromb said the appeal was intended to ensure that major national projects are assessed through a fair and transparent process.
“This appeal is about ensuring that decisions on nationally significant projects are made through a process that is complete, transparent, evidence-based and consistent with the Environment Management Act.”
The proposed facility at Vuda Point would generate 80 megawatts of firm baseload electricity while diverting waste from landfill and reducing Fiji’s dependence on imported diesel for electricity generation.
TNG says the project would contribute to Fiji’s energy security and emissions reduction goals while addressing two of the Pacific’s most pressing challenges.
“The Pacific faces a waste crisis and an energy crisis simultaneously. This project addresses both. The net environmental benefit is unambiguous,” Mr Cromb said.
He added that the company respected the roles of both the Department of Environment and the Technical Review Committee and looked forward to the Environmental Tribunal’s consideration of the appeal.
“TNG respects the role of both the Department of Environment and the Technical Review Committee and we look forward to the consideration of our appeal by the Environmental Tribunal.”
Haniff Tuitoga Lawyers have been appointed to represent TNG Holdings (Fiji) Pte Limited in the appeal proceedings.
