TNG has 30 days to appeal Vuda project rejection

The developer behind the proposed Energy-from-Waste Plant and Private Port Facility at Vuda Point is left with only one avenue to challenge the rejection of its Environmental Impact Assessment (EIA) report.

The Ministry of Environment confirmed that there was no pathway for the report to be resubmitted.

Permanent Secretary for Environment Sivendra Michael said yesterday Next Generation Holdings (Fiji) Pte Limited (TNG) had until July 3 to appeal the decision through the Environmental Tribunal following the Ministry’s rejection of the project proposal.

Speaking during a press conference, Mr Michael said any appeal lodged by TNG would be handled through the proper legal process, with the Ministry to be represented by the Solicitor-General’s Office.

He said the Environmental Tribunal would hear the appeal and make a determination on the matter. Should the Tribunal rule in favour of TNG, the Department of Environment would also have the right to challenge that decision.

“The matter can go all the way to the High Court,” Mr Michael said.

Director of Environment Senimili Baleicakawa said the Ministry would abide by any ruling made by the courts.

Mr Michael also dismissed suggestions that political leaders could interfere in the process, stressing that Fiji’s environmental laws did not provide any avenue for ministers or political figures to influence decisions on EIA applications.

He said Government leaders had consistently respected the need to follow due process and conduct proper assessments before decisions were made.

“This is the standard approach, and in other jurisdictions, projects of this scale and nature have either been approved with conditions or not supported following the same assessment process,” he said.

His comments followed objections raised by TNG in a letter issued on Wednesday, in which the company alleged a conflict of interest within the Technical Review Committee (TRC) that assessed the EIA report.

Allegations rejected

Mr Michael rejected the allegations, saying the TRC was appointed by the Director of Environment and there was no requirement for the Ministry to disclose its membership to the project developer.

He said the Ministry had always included EIA consultants on review committees because they possessed specialist expertise relevant to the assessment process.

Mr Michael said TNG had been given ample opportunity to raise questions and respond to issues identified during the review.

He added that the Ministry also exercised its right to seek clarification on matters contained in the report.

However, he said there were instances where the company was unable to provide answers or indicated that information would be supplied at a later stage.

“The assessment could only be based on the information formally presented,” he said.

He added that the process did not allow for further submissions beyond what was outlined in the Terms of Reference.

The Ministry said its assessment found several major issues remained unresolved, including concerns over the project’s scale, waste supply, the potential importation of waste, hazardous ash management, water supply, public health risks, environmental impacts, road and port infrastructure requirements, social and cultural implications, tourism impacts and the overall economic viability of the proposal.