The Next Generation Holdings (Fiji) Pte Ltd may file an application seeking directions over additional documents it says should form part of the appeal record in its challenge against the rejection of its Environmental Impact Assessment (EIA) report.
The matter was before the Environmental Tribunal today, where senior lawyer Feizal Haniff, appearing for TNG, told Magistrate Charles Ratakele that the company had now received a substantial number of supplementary documents from the Department of Environment. The documents were filed following earlier directions for the supplementary appeal record to be filed by August 27.
Mr Haniff said TNG considered that some of the documents should form part of the appeal record and would write to the Attorney-General’s Office setting out why they were relevant.
He said the letter would give the respondent an opportunity to reconsider its position on the documents. Mr Haniff said that if the respondents maintained their position that the documents should not form part of the record, TNG would seek directions from the Tribunal by filing an application for the documents to be included.
Lawyer Apete Bauleka appearing for the Department said the documents sought by TNG were internal documents that were not before the Director of Environment when she made the decision to reject the EIA report.
He said that even if Mr Haniff wrote to the Attorney-General’s Office setting out his reasons, the respondents would maintain their position on the documents.
Mr Haniff said he would nevertheless try to persuade Mr Bauleka through his letter by explaining why he believed the documents were relevant.
The Tribunal directed that TNG’s letter be served by September 10, with a response from the respondents by September 17.
Magistrate Ratakele agreed to the proposed timetable and adjourned the matter to September 24 for further directions.
TNG has appealed the Director of Environment’s June 4 decision to reject its EIA report for the proposed Vuda Point development, arguing that the decision was based on errors of law and an improper exercise of statutory powers.
