$10K Fine for Unauthorised Development
The China Railway First Group (Fiji) Limited has been ordered to pay a fine of $10,000 for undertaking unauthorised developments contrary to Section 43(1) of the Environment Management Act 2005. Nausori Magistrate Shageeth Somaratne convicted the company and sentenced it to pay the fine after it pleaded guilty to constructing an asphalt plant at Davuilevu, Nausori, off the main Kings Road without authorisation. An Environmental Impact Assessment (EIA) application was lodged by China Railway pertaining to the rezoning of four agricultural lots to industrial lots.
China Railway intended to lease the land from Manohar Lal with the view to establish a civil engineering product factory at the site.
The site is flat agricultural land and a small creek (Waibula Creek) is located beside it that drains from the Davuilevu area and crosses through the site with surrounding areas used as farmland.
Immediately to the East of the site is a residential and commercial subdivision by Vitivou Estate and fronting the site are existing residential lots that is serviced by Dalip Street and Raguraj Singh Street.
To the North of the site is the Davuilevu Theological College and its associated schools, quarters, boarding facilities and Lelean Memorial School.
On August 10, 2016 China Railway lodged an EIA processing application to the Department of Environment and subsequently lodged the EIA report on October 27, 2016 and a decision pertaining to the application was pending.
On February 6, 2017 EIA officer Senimili Baleicakau conducted an inspection of the site and found that the asphalt plant had already been constructed (90 per cent) and the access road leading up to the plant had been fully constructed and was in use by China Railway.
The construction of the plant and the access road had been carried out without an approved EIA report. China Railway lawyer Melvin Chand from Munro Leys submitted written mitigation asking Magistrate Somaratne for a non-conviction.
However, this was objected to by the State saying that considering the nature of the charge and the company’s good behaviour a fine would be appropriate.
“The accused company has been charged with a serious offence. Even though the CRFGL has no previous convictions there are no evidence shown by the defence to show how a conviction would affect the CRFGL in future,” Magistrate Somaratne said.
“Further it has been held that non-conviction would be given only for morally blameless people or technical breaches. This applies to corporate bodies also. CRFGL does not fall into any of these categories.”
He said China Railway deliberately committed the offence and the culpability was high. The aggravating factor was that the construction was carried out near an area which constitute a school, farmland and a small creek. In mitigation, Magistrate Somaratne said there was no evidence that at this moment there was an impact to the environment by the construction.
He found that a fine of $10,000 was proper to deter China Railway from engaging in similar behaviour in future and to protect the community from others who would undertake unauthorised development.