Memorandum on the proposed amendments to the Environment Management and Coordination Act, 1999 (EMCA) through the Statute Law (Miscellaneous Amendments) (No. 3), Bill 2017

The memorandum, submitted by a coalition including Natural Justice, opposes amendments to the EMCA that would change the appointment of the National Environment Tribunal (NET) Chairperson from nomination by the Judicial Service Commission to election by Tribunal members. It further argues that removing automatic stay orders for environmental appeals under Section 129 would lead to irreparable environmental degradation and place an unfair financial burden on appellants.

• The authors oppose the amendment to Section 125 that would allow the Chairperson of the National Environment Tribunal (NET) to be elected by its members rather than nominated by the Judicial Service Commission (JSC). They argue that JSC appointment ensures the Chairperson possesses the necessary professional competence, integrity, and qualifications equivalent to a Judge of the Environment and Land Court.
• The memorandum argues against the proposed amendment to Section 129(4) which would replace automatic stay orders with a requirement for appellants to file a separate application for a stay. The authors contend that automatic stays are essential precautionary measures to prevent irreparable environmental harm before it occurs.
• Removing automatic stay orders is expected to create significant risks, including permanent environmental injury during the time lapse before a stay application is heard, and an unfair financial burden on citizens who lack the resources of government or business project proponents.
• The authors assert that environmental harm is inherently irreparable and cannot be adequately compensated by monetary damages, making the proposed shift in the burden of proof to the appellant problematic.
• The memorandum claims that the lack of automatic stay orders could invalidate Tribunal rulings if the litigated activity reaches a crucial stage or causes harm before a decision is reached, thereby weakening the institution of the NET.

APA

Natural Justice (2017). Memorandum on the proposed amendments to the Environment Management and Coordination Act, 1999 (EMCA) through the Statute Law (Miscellaneous Amendments) (No. 3), Bill 2017. https://naturaljustice.org/wp-content/uploads/2019/03/Submission_Statutes_Amendment_Bill_2017-2.pdf

Chicago

Natural Justice. Memorandum on the proposed amendments to the Environment Management and Coordination Act, 1999 (EMCA) through the Statute Law (Miscellaneous Amendments) (No. 3), Bill 2017. 2017. https://naturaljustice.org/wp-content/uploads/2019/03/Submission_Statutes_Amendment_Bill_2017-2.pdf.

Wikipedia

{{cite press release |author=Natural Justice |title=Memorandum on the proposed amendments to the Environment Management and Coordination Act, 1999 (EMCA) through the Statute Law (Miscellaneous Amendments) (No. 3), Bill 2017 |date=18 December 2017 |url=https://naturaljustice.org/wp-content/uploads/2019/03/Submission_Statutes_Amendment_Bill_2017-2.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{naturaljustice2017memorandum, author = {{Natural Justice}}, title = {{Memorandum on the proposed amendments to the Environment Management and Coordination Act, 1999 (EMCA) through the Statute Law (Miscellaneous Amendments) (No. 3), Bill 2017}}, publisher = {Natural Justice}, year = {2017}, month = dec, url = {https://naturaljustice.org/wp-content/uploads/2019/03/Submission_Statutes_Amendment_Bill_2017-2.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }