By: Omar Silva, NP Staff Writer

Belize City, Monday, 20th March 2023

Minister of Sustainable Development, Orlando Habet, has discussed the latest developments surrounding the appeals tribunal, following a claim made against him by Waterloo Holdings. On Friday, it was reported that the company had filed a claim in the High Court against the Minister of Sustainable Development in respect of the appeals tribunal that was constituted following an amendment to the existing Environmental Impact Assessment regulations. The appeal is in relation to a decision made by the Department of the Environment.

It was revealed that one of the panelists on the tribunal, Lucy Fleming, has chosen not to participate in the appeal process. Earlier this week, Minister Habet explained that the tribunal, which is made up of one judge and a person representing the private sector, will need to find a replacement for Fleming. Professor Hughes, who is originally from Ireland but has worked in the Caribbean and Australia, will remain on the tribunal.

In response to Waterloo’s claim that the revision of the E.I.A. Regulation purposely places the company at a disadvantage, Minister Habet explained that based on the advice of legal counsel, the amendment fits within the framework of the legislation, and further amendments may be made in the future.

The composition of the tribunal has also been called into question due to the positions taken by two of the three members. While Fleming has chosen not to participate, Dr. Terry Hughes has been accused of having biases against dredging. Minister Habet stated that he was not aware of any conversations in that regard, and that the selection process was done to the best of their ability.

Minister Habet was also asked about the legal challenge made against him by Waterloo. He clarified that the minister does not make a decision in the appeals process, and that the tribunal will ultimately make the final decision.

The Minister acknowledged that the situation has highlighted the need for legislation to include provisions for unexpected changes, such as when a panelist pulls out or becomes ill, to ensure that the appeals process can continue smoothly. Overall, the fate of the appeals tribunal remains unclear as the legal process continues.