CI Times Weekly | Current Issue 262 | 04 August 2008
Approvals by Environment Authority may be illegal
The meeting of the Rarotonga Environment Authority (REA) on 14 July 2008 where ground work for the proposed indoor Multi-Sports Complex (MSC) was approved along with several other projects may not have been in compliance with the requirements of section 15(6)(a) of the Environment Act 2003 in that the meeting did not appear to have the required quorum of four voting members.
Under the Environment Act 2003, s15(6)(a) for Rarotonga, the quorum necessary to transact business is 4 voting members. The same provision applies in respect of Mangaia. For other islands the quorum under s15(6)(b) is three voting members. The Times is not aware of any amendment to these provisions.
Under s15(8) subject to the provisions of the Act and any Regulations made under it, the Authority may regulate its proceedings in any manner that it thinks fit. However this does not include “amend” or “vary” proceedings.
The Times understands only three voting members were present, the Chairman and two others, both members of Parliament. While the Director of the Environment Service and other staff were in attendance, they are not voting members and under the Act their numbers cannot constitute part of the quorum.
If there was no quorum in accordance with the Act, then the meeting should not have taken place let alone approvals been granted. The meeting should have been deferred. The point is the approvals that were granted could be subject to legal challenge.
The Times has learnt that the Minister for the Environment Hon Kete Ioane has been attempting to contact the Director for a report. Reports are he has not had much luck.