The Environment Tribunal has overturned its previous order that required Great Han International Company Ltd to halt the construction of an apartment project on Princes Road in Suva. The tribunal concluded that the Environment Management Act 2005 did not provide explicit instructions mandating developers to submit an additional Environmental Impact Assessment (EIA) beyond the initial one that had already been approved.
Tribunal Chairman Charles Ratakale announced the decision on Thursday, allowing the project to proceed. He established that both the Suva City Council and the Ministry of Environment function as “approving authorities.”
During the proceedings, Ratakale discussed the need to form a technical group tasked with reviewing the Construction Environment Management Plan (CEMP) and the Operational Environment Management Plan (OEMP) for the project. This group had previously deemed the updates to the CEMP and OEMP as insufficient and made suggestions for improvement. However, it was ultimately determined that the formation of this group was not properly authorized to carry out these reviews.
This ruling highlights the intricate balance between development, environmental safeguarding, and regulatory frameworks, emphasizing the necessity for comprehensive environmental assessments even for projects that may not initially seem to need a full EIA. While the Environment Tribunal has ruled in favor of Great Han, permitting them to move forward with the construction of the first two buildings, it has concurrently expressed the need for oversight to ensure environmental considerations are adequately incorporated into the project.
In a final note, Mr. Ratakale lifted a stop work order that had been placed on the company on September 23, 2024. Suva lawyer Feizal Younas Haniff represented Great Han International, while the Department of Environment was defended by lawyers from the Attorney-General’s office.
This decision could set a precedent for future development projects, illustrating a commitment to balancing economic growth with environmental responsibility. It reinforces the importance of clear regulatory guidelines and effective environmental management, creating an opportunity for collaborative efforts between developers and environmental authorities moving forward.
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