Court Clears Way for Controversial Suva Apartment Project

The Environment Tribunal has reversed its previous order mandating Great Han International Company Ltd to halt the construction of an apartment development on Princes Road, Suva. The tribunal determined that the Environment Management Act of 2005 does not provide clear guidelines requiring developers to submit a second Environmental Impact Assessment (EIA) if an initial EIA has already been submitted and approved.

Tribunal presiding officer Charles Ratakale made this ruling, allowing the project to progress. The tribunal acknowledged both the Suva City Council and the Ministry of Environment as “approving authorities.” A significant point of discussion was the formation of a technical group that evaluated the Construction Environment Management Plan (CEMP) and the Operational Environment Management Plan (OEMP) for the project. Mr. Ratakale noted that the technical group’s assessment found the updated plans inadequate and highlighted that the group was improperly constituted or authorized to perform this evaluation.

This ruling underscores the intricate relationship between development initiatives, environmental protection, and regulatory practices. It stresses the necessity of comprehensive environmental assessments, even for projects that may not traditionally require extensive EIAs.

The Environment Tribunal ultimately favored Great Han International, allowing them to proceed with the construction of the first two buildings of the project while also lifting a stop-work order that was instituted on September 23, 2024. Great Han’s arguments and evidence presented effectively outweighed those from the Ministry of Environment.

This decision may pave the way for enhanced clarity in the approval processes concerning environmental assessments in future projects, which is a hopeful development for both environmental protection and construction companies looking to navigate these complex regulations. It remains important to balance development needs with environmental safeguards to ensure a sustainable future.