Monday, January 22, 2018

Privy Council rules in favour of FFOS *


THE Privy Council has overturned the decision of the Court of Appeal, ruling in favour of Fisherman and Friends of the Sea (FFOS) in the group's bid to stop the Environmental Management Authority (EMA) from implementing the Water Pollution (Fees) Amendment Regulations, 2006, until it was properly considered by the government.

The Water Pollution (Fees) Amendment Regulations, 2006, require polluters to pay a fixed annual permit fee of $10,000, regardless of their size.

However, in 2008, FFOS took the matter to the High Court challenging Government's implementation of a “fixed fee” instead of abiding by the sliding scale of the “polluter pays principle”, which would charge more fees depending on the quantum of pollution discharged.

 

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