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Kolombangra Island Bio-diversity Conservation Trust Board (Incorporated) v Sucess Company Ltd and Others

Pays/Territoire
Îles Salomon
Type de cour
Nationale - cour supérieure
Date
Nov 26, 2010
Source
UNEP, InforMEA
Nom du tribunal
High Court
Siège de la cour
Honiara
Juge
J. CHETWYND
Numéro de référence
Civil Claim No. 282 of 2010
Langue
Anglais
Sujet
Forêts, Questions juridiques
Mot clé
Essence forestière Gestion/conservation Accès-à-la-justice Biodiversité
Résumé

The Claimant, the Kolombangara Island Bio-Diversity Conservation Trust Board, was a non-governmental organisation formed by indigenous landowners to protect the biodiversity of  Kolombangara Island. The defendants were a company holding a logging license, the logging contractor employed by the former and the Attorney General representing the Commissioner of Forests and the Director of Environment and Conservation Division from the Ministry of Environment, Conservation and Meteorology.

The relief sought by the claimant was for declarations relating to the Environment Act 1998 (the Act), injunctions against the First and Second Defendants and mandatory orders against those represented by the Third Defendant. The Court had in a previous judgment given interim orders preventing the first and second defendants from engaging in any logging operations in the area before a development consent was given. During the time before this judgment, the first defendant had managed to be granted a logging license for the area.

The Court came to the conclusion that some of the claims set out by the claimant were not possible to make out in the form sought. This was because the Court does not give interpretations of the law in cases where no specific circumstances are referred to. The Court then made a declaration stating that the claimant was not required to obtain the consent of the Attorney General before seeking orders against the defendant for breaches of the environmental act, but had standing in any case.

Texte intégral
Kolombangra Island Bio-diversity.pdf