The Environmental Commission is a superior court of record and is bound by the relevant statutory provisions, the common law and the rules of natural justice. The Commission adjudicates applications, appeals and complaints under the Environmental Management Act, 2000 and the subsidiary legislation made thereunder. There is also provision for the jurisdiction of the Commission to be extended to other matters by any written law.

The jurisdiction of the Environmental Commission:

  • Appeals from decisions or actions of the Environmental Management Authority (EMA) as specifically authorized under the EM Act;
  • Applications for deferment of decisions by the EMA to undertake certain emergency response activities (under section 25 of the EM Act);
  • Applications for deferment of designations by the EMA of "environmentally sensitive species" or "environmentally sensitive areas" (under section 41 of the EM Act);
  • Applications by the EMA for the enforcement of any Consent Agreement or any final Administrative Order (under Section 67 of the EM Act);
  • Administrative civil assessment (under section 66 of the EM Act);
  • Appeals from the designation by the EMA of "environmentally sensitive areas" or "environmentally sensitive species" (under section 41 of the EM Act);
  • Appeals from a decision of the EMA under section 36 of the EM Act to refuse to issue a certificate of environmental clearance or to grant such a certificate with conditions;
  • Appeals from any determination by the EMA to disclose information or materials claimed as a trade secret or confidential business information (under section 23(3) of the EM Act);
  • Complaints brought by persons pursuant to section 69 of the EM Act, otherwise known as Direct Private Party Actions;
  • An appeal against an Administrative Order issued by the EMA (under section 65(2)(a) under the EM Act);
  • An appeal where the EMA has failed to comply with the requirement for public participation (under section 28 of the EM Act);
  • An appeal against a decision of the EMA to reject a claim under the Certificate of Environmental Clearance Rules, 2001 that information supplied in an application is a trade secret or confidential business information and should be excluded from the National Register of Certificates of Environmental Clearance;
  • An appeal against a decision of the EMA under the Noise Pollution Control Rules, 2001 to:
    • refuse to grant a variation;
    • refuse to transfer a variation;
    • refuse to renew a variation;
    • revoke a variation;
    • impose any conditions of a variation; or
    • reject a claim that information supplied in an application is a trade secret or confidential business information and should be excluded from the Noise Variation Register.
  • Such other matters as may be prescribed by or arise under the EM Act or any other written law where jurisdiction in the Commission is specifically provided for.

Publications

Pre Qualification of Suppliers & Contractors - Download PDF

Supporting Evidence Required - Download PDF