What’s the Fate of the Appeals Tribunal?
Orlando ‘Landy’ Habet
Minister Habet also chimed in on Waterloo’s position that the revision of the E.I.A. Regulation purposely places the company at a disadvantage, notwithstanding the fact that the appeal process is already underway.
Isani Cayetano
“How would you respond to the challenge that perhaps the amendment to the EIA regulations puts the company at a disadvantage based on the fact that they‘re saying, “Well look, this happened while the process was midstream?”
Orlando ‘Landy’ Habet, Minister of Sustainable Development
“Not necessarily. Based on the advice that we have gotten from legal counsel, I think it all fits within the framework of the legislation and these amendments can happen from time to time. Certainly, we would like to see further amendments that can come into force and we are looking at some of those already and how those can be incorporated into not only the statutory instrument but the act itself with the EPA.”
Isani Cayetano
“The composition of the tribunal is also being called to question in terms of the positions that have been taken by at least two of the three members of the panel. We know that Lucy Flemming is no longer in the picture, but Dr. Terry Hughes is also on record elsewhere speaking against dredging and he‘s done so openly. That is also being called to question in terms of certain biases that panel members may have…”
Orlando Habet
“I’m not aware of any conversation in that regard. I think from what we did with our research, he’s a well-known professor, he has done a lot of publications worldwide and he’s certainly an imminent person in that field. I think from the selection process, I think we did the best we could under those circumstance.”
Isani Cayetano
“Now you are essentially being sued by Waterloo, your name appears on the claim that was filed recently. Where do you stand in terms of your position in the decision-making process and the fact that it is open to legal challenge?”
Orlando Habet
“Well, as you know, the way the legislation is framed, the minister doesn’t make a decision. So, for that reason, during the former administration, those amendments were made so that then the tribunal is formed in collaboration with the ministry, with the minister, but the minister has no say in that actual decision-making process, but the final decision is left up to the tribunal.”
