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Legal Victory: Construction Project Gets Green Light Amid Environmental Concerns

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The Environment Tribunal has overturned its previous order requiring Great Han International Company Ltd to halt the construction of its apartment project on Princes Road in Suva. This decision was made after the tribunal found that the Environment Management Act of 2005 does not provide clear standards mandating developers to submit a secondary Environmental Impact Assessment (EIA) in addition to the initial one already approved.

On Thursday, Tribunal Chair Charles Ratakale permitted the project to proceed and acknowledged that both the Suva City Council and the Ministry of Environment qualify as “approving authorities.” He expressed concerns over the formation of a technical group responsible for reviewing the project’s Construction Environment Management Plan (CEMP) and Operational Environment Management Plan (OEMP), citing that the group’s findings deemed the updated plans inadequate.

However, Ratakale noted that this technical group was incorrectly established and lacked proper authority to evaluate the documents in question. He remarked that this case highlights the intricate relationship between development, environmental stewardship, and regulatory frameworks, underscoring the necessity for comprehensive environmental assessments, even for projects that may not seem to require full EIAs initially.

The tribunal’s ruling allows Great Han International to proceed with the construction of Buildings 1 and 2, lifting a stop work order that had been placed on September 23, 2024. The decision indicated that the evidence and arguments presented by Great Han were more persuasive than those offered by the Ministry of Environment.

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 can be seen as a significant milestone for developers in Suva, highlighting the ongoing dialogue between development needs and environmental oversight. It also opens the door for further discussions on improving environmental guidelines to ensure projects can move forward responsibly while still protecting the ecosystem.

In summary, the Environment Tribunal’s ruling has lifted a construction halt for Great Han International, signaling a need for clearer regulations and highlighting the essential balance between development and environmental management.


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