The applicant sought leave to appeal the issuance of an Environmental Compliance Approval (ECA) for a hydroelectric generating station.
The Tribunal found that it lacked jurisdiction to hear the application because the ECA was exempt from the notice requirements of section 22 of the Environmental Bill of Rights under section 32(2), as it was a step towards implementing an undertaking exempted by regulation under the Environmental Assessment Act.
The application for leave to appeal was dismissed.