Nikhil Aiyush Kumar 
Lawyer representing the Department of Environment, Apete Bauleka
The company behind a proposed waste-to-energy plant at Vuda Point is seeking additional documents from the Department of Environment as part of its appeal before the Environmental Tribunal.
Next Generation Holdings (Fiji) Pte Ltd, known as TNG, is challenging the Director of Environment’s decision to reject its Environmental Impact Assessment report.
During proceedings, TNG’s lawyer, Feizal Haniff, asked the Tribunal for orders allowing certain documents to be included in the company’s supplementary appeal record.
Haniff was directed to write to the Attorney-General’s Office and make an application explaining why the documents should form part of the appeal record.
Representing the Department of Environment, Apete Bauleka told the Tribunal the Department would not release the documents because they are internal documents.
He also said the documents were not before the Director of Environment when she made the decision to reject the proposal.
Tribunal Magistrate Charles Ratakele directed the appellant to explain why the documents should be included in the appeal record by next Thursday.
The respondents will then have until the 17th of this month to respond.
Ratakele says he intends to have the hearing dates for the appeal set by November.
The matter will be called again on the 24th of this month.
TNG filed the appeal against the Director of Environment’s decision of June 4, arguing that the rejection of its EIA report involved errors of law and an improper exercise of statutory powers.
