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Illustration of Firm wins legal battle

Court Allows Controversial Suva Apartment Project to Proceed

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The Environment Tribunal has overturned its previous order halting construction of an apartment project by Great Han International Company Ltd on Princes Road in Suva. The tribunal determined that the Environment Management Act 2005 does not explicitly mandate that developers must submit a second Environmental Impact Assessment (EIA) in addition to the initial EIA that had already been approved.

On Thursday, Tribunal Chair Charles Ratakale allowed the project to proceed, emphasizing that both the Suva City Council and the Ministry of Environment qualify as “approving authorities” for such developments. He referenced the establishment of a technical group that was tasked with reviewing the Construction Environment Management Plan (CEMP) and the Operational Environment Management Plan (OEMP) for the Princes Road project. The tribunal found the group’s recommendations to be flawed, as they were not properly constituted or authorized to evaluate these environmental documents.

This ruling highlights the intricate balance that exists between development, environmental safeguards, and regulatory frameworks. It underscores the necessity of comprehensive environmental assessments, even for projects that may not seem to need a full EIA.

The tribunal ultimately decided in favor of Great Han International, allowing them to continue with the construction of Buildings 1 and 2. Mr. Ratakale noted that the arguments and evidence put forth by Great Han were stronger than those presented by the Ministry of Environment. Consequently, a stop work order issued to the company on September 23, 2024, has also been lifted.

This decision not only benefits Great Han International but also sets a precedent for future development projects, ensuring that the regulatory landscape remains clear and that responsible development can continue.

In summary, the Environment Tribunal’s ruling not only permits the continuation of the apartment project by Great Han International but also emphasizes the importance of proper assessments and the functioning of regulatory bodies while encouraging further developments in the region.


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