Summary
The National Green Tribunal wrongly closed proceedings concerning a proposed exchange involving allegedly encroached forest land after treating the Supreme Court’s refusal to intervene in an interlocutory order as approval of disposal. The earlier order had expressly preserved lawful consideration by the authorities and the applicant’s remedies in the pending proceedings. The Supreme Court set aside the Tribunal’s subsequent order in its entirety and restored the original application so objections could be heard.
Issues
- Whether the Tribunal could dispose of the original application on its understanding of the earlier Supreme Court order.
- How consideration of the proposal and the applicant’s objections were to proceed.
Held
- The earlier appeal was disposed of because the challenged order was interlocutory. That disposition did not approve the land-exchange proposal or extinguish the applicant’s right to raise objections in the pending application. (¶¶ 2–4, 8)
- The Tribunal proceeded on a description of the Supreme Court order without appreciating its contents. Closing the application effectively shut the applicant out and failed to follow the express protection of its pending remedies. (¶ 8–9)
- The authorities’ consideration could continue in accordance with law, while the applicant retained the opportunity to address objections before the Tribunal. The later order was set aside in its entirety, rather than merely deleting its closing sentence. (¶ 8–10)
Result
Appeal allowed and disposed of without costs. Tribunal order of 11 February 2019 set aside in its entirety; original application restored for proceedings consistent with the Supreme Court’s earlier order.