Revised Laws of Mauritius

E12 – 1 [Issue 6]

ENVIRONMENT PROTECTION ACT Act 19 of 2002 – 5 September 2002

(unless otherwise indicated)

ARRANGEMENT OF SECTIONS

SECTION PART I – PRELIMINARY 1. Short title 2. Environmental stewardship 3. Interpretation 4. Application of Act PART II – ADMINISTRATION 5. The National Environment Com-

mission 6. Functions and powers of Com-

mission 7. Powers of Minister 8. The Department of Environment 9. Police de l’Environnement

10. The National Network for Sustain- able Development

11. Objects of National Network for Sustainable Development

12. Technical advisory committee 12A. Multilateral Environmental Agree-

ments Coordinating Committee PART III – ENFORCING AGENCIES 13. Enforcing agencies 14. The Environment Coordination

Committee PART IV – ENVIRONMENTAL

IMPACT ASSESSMENT 15. Prohibition to carry out an under-

taking 16. Preliminary environmental report 17. Non-listed activity 18. Application for an EIA licence 19. Consultancy 19A. EIA licence for large investment

projects 20. Public comment 21. Review of EIA 22. EIA Committee 23. Decision on EIA 24. EIA approval

25. Submission of fresh EIA 26. Transfer of undertaking 27. Effect of EIA licence 28. Exemption 28A. EIA/PER Monitoring Committee PART V – SPILL AND ENVIRON-

MENTAL EMERGENCY 29. Emergency measures 30. Interventions of Director 31. Clean-up and removal operations 32. Liability for spill 33. Recovery of expenses 34. Environmental emergency 34A. Other threat to the environment 35. Powers in case of emergency or

spill 36. Regulations under this Part PART VI – NATIONAL ENVIRON-

MENTAL STANDARDS 37. Issue of standards and guidelines 38. Standards for water 39. Effluent limitations 40. Standards for air 41. Standards for noise 42. Standards for hazardous wastes 43. Standards for non-hazardous

wastes 44. Standards for pesticide residues 45. Standards for odours 46. Standards for built-up environment 47. Quality control of laboratories 48. Industrial waste audit PART VII – COASTAL AND MAR-

ITIME ZONE MANAGEMENT 49. Interpretation under this Part 50. ICZM Committee 51. Protection of zone

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SECTION 52. Dumping in zone PART VIII – THE TRIBUNAL 53. Interpretation of Part VIII 54. Jurisdiction of Tribunal 55. – 58. — PART IX – THE NATIONAL ENVI-

RONMENT FUND 59. The National Environment Fund 60. Objects of Fund 61. The Board 62. Income and disbursement 63. Audit and accounts 64. Regulations in respect of Fund PART X – ENVIRONMENT PRO-

TECTION FEE 65. Interpretation 66. Charge to environment protection

fee 67. Registration of enterprise or activ-

ity 68. Penalty and interest for late pay-

ment of fee 69. Assessment and recovery of fee 69A. Transitional provisions PART XI – ENFORCEMENT 70. Programme approval 71. Enforcement notice 72. Prohibition notice 73. Stop order 74. General provisions on notices 75. Consultation on notices 76. Variation notice 77. Service of notice 78. Revocation of notices 79. Powers of entry 80. Entry and arrest without warrant 81. Entry of a dwelling house

82. Authorised officer to produce au- thority

83. Obstruction of an authorised of- ficer

84. Compliance monitoring 85. Offences 86. Powers of Court 87. Prosecution and jurisdiction 88. Fixed penalties 89. Eyesores

PART XII – APPLICATION OF ACT TO RODRIGUES

90. Rodrigues Environment Committee 91. Powers of Island Chief Executive 92. Regulations for Rodrigues

PART XIII – MISCELLANEOUS PROVISIONS

93. Protection from liability 94. Disclosure of information 95. Code of practice 96. Regulations 97. – 98. — 99. Consequential amendments

100. Commencement FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE SEVENTH SCHEDULE EIGHTH SCHEDULE NINTH SCHEDULE TENTH SCHEDULE ELEVENTH SCHEDULE TWELFTH SCHEDULE



Revised Laws of Mauritius

E12 – 3 [Issue 2]

ENVIRONMENT PROTECTION ACT

PART I – PRELIMINARY

1. Short title

This Act may be cited as the Environment Protection Act.

2. Environmental stewardship

It is declared that every person in Mauritius shall use his best endeavours to preserve and enhance the quality of life by caring responsibly for the natu- ral environment of Mauritius.

3. Interpretation

In this Act—

“accredited laboratory” means a public or private laboratory accredited by MAURITAS to conduct analyses of environmental samples and provide environmental data;

“air” includes ambient or localised air within a building, vehicle, enclo- sure or structure;

“authorised officer” means an officer designated under section 8 (5) and includes a police officer;

“Board” means the Board referred to in section 61;

“Board of Investment” means the Board of Investment established un- der the Investment Promotion Act;

“Central Water Authority” means the Central Water Authority estab- lished under the Central Water Authority Act;

“Chief Commissioner” has the same meaning as in the Rodrigues Re- gional Assembly Act;

“clinical waste” means waste produced by, discharged by, or derived from or associated with the operation of, a health institution, hospital, pathological laboratory or sanatorium, and includes human and animal tis- sue or excretions, drugs, medicinal products;

“Commission” means the National Environment Commission referred to in under section 5;

“Committee” means the Environment Coordination Committee referred to in section 14;

“contingency plan” means measures intended to be applied in the event of a spill or an environmental emergency;

“Department” means the Department of Environment referred to in section 8 (1);

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“Director” means the Director of Environment appointed under sec- tion 8 (2);

“discharge” includes deposit, emission and leakage;

“effluent” means wastewater, whether treated, untreated, or partially treated, produced by or discharged from agricultural, industrial, commer- cial or domestic premises;

“effluent limitations” means any restriction prescribed under sec- tion 39 on quantities, rates and concentrations of chemical, biological or other constituents which are discharged into the environment;

“EIA” means an environmental impact assessment;

“EIA Committee” means the EIA Committee established under sec- tion 22;

“EIA licence” means a licence issued under section 23 (8);

“EIA/PER Monitoring Committee” means the Committee set up under section 28A;

“EIA report” means a document containing the information required under section 18;

“enforcement notice” means a notice referred to in section 71;

“enforcing agency” means an enforcing agency designated under sec- tion 13;

“environment” includes—

(a) land, air, water, or any one of, or any combination of, these media;

(b) all living organisms;

(c) any built-up environment;

“environment liaison officer” means an environment liaison officer des- ignated under section 13 (2);

“environmental data” means data obtained from the laboratory analy- ses of environmental samples;

“environmental law” means—

(a) this Act and any regulations made under this Act, and includes any direction, order, notice issued under, or any requirement im- posed by, this Act;

(b) any other enactment, or part of any other enactment which the Minister may, by regulations, declare, to be an environmental law;

“exempt undertaking” means an undertaking by a public department in relation to which a declaration is made under section 28;

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“Finance Officer” means the Finance Officer posted at the Ministry;

“financial year” has the meaning assigned to it in section 111 of the Constitution;

“Fund” means the National Environment Fund established under sec- tion 59;

“hazardous waste” means waste, natural or artificial, whether in solid or liquid form, or in the form of gas or vapour, declared as hazardous waste under section 42, and includes clinical waste;

“ICZM Committee” means the Integrated Coastal Zone Management Committee referred to in section 50;

“Island Chief Executive” has the same meaning as in the Rodrigues Regional Assembly Act;

“local authority” has the meaning assigned to it in the Local Govern- ment Act;

“MAURITAS” means the Mauritius Accreditation Service established under the Mauritius Accreditation Service Act;

“MEA”— (a) means a multilateral environmental agreement to which Mauri-

tius is a party; (b) includes a treaty, convention, protocol, covenant or other inter-

nationally binding instrument dealing with environmental mat- ters, to which Mauritius is a party;

“MEAs Co-ordinating Committee” means the Committee set up under section 12A;

“medium” means environmental medium and includes air, land and water;

“Minister” means the Minister to whom responsibility for the subject of environment is assigned;

“Ministry” means the Ministry responsible for the subject of environ- ment;

“monitoring” includes the inspection, measurement, sampling or analy- sis of any discharge of a pollutant, or of any environmental medium in any locality, whether periodically or continuously;

“national environmental standards” means standards referred to in Part VI;

“National Network for Sustainable Development” means the network established under section 10;

“noise” includes vibration;

“non-hazardous waste” means waste other than hazardous waste;

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“notice” means an enforcement notice, an eyesore abatement notice, a fixed penalty notice, a programme notice, a prohibition notice, a stop or- der or a variation notice;

“owner of a pollutant” means the owner or the person having the charge, management or control of a pollutant which is spilled or unlaw- fully discharged;

“PER” means a preliminary environmental report referred to in section 16;

“PER Committee” means the Committee set up under section 16 (5A);

“Permanent Secretary” means the Permanent Secretary of the Ministry;

“person responsible” means the owner or the person having the charge, management or control of an activity, enterprise, or undertaking;

“pesticide residue” means any substance resulting from the use of a pesticide or of the derivation of a pesticide;

“Police de l’Environnement” means the unit referred to in section 9;

“pollutant” means a substance which may cause harm, damage or in- jury to the environment, to plant or animal life, or to human health, and includes any substance from which a pollutant is derived;

“programme approval” means a programme approval referred to in sec- tion 70 (3);

“programme of measures” includes steps, plans, proposals;

“prohibition notice” means a notice referred to in section 72;

“proponent”, subject to section 26, means a person who—

(a) is the owner of or who has the charge, management, or control of an undertaking; or

(b) carries out or proposes to carry out an undertaking;

“public comment” means a submission made under section 20 by any person, other than a public department, on an EIA;

“public department” means a Ministry in the Government of Mauritius, a parastatal body or a public authority established under any enactment and includes an enforcing agency;

“relevant enforcing agency” means the enforcing agency designated in the Fourth Schedule in relation to a specified medium or pollutant;

“relevant local authority” means the local authority in the administra- tive area of which an undertaking is situated;

“Rodrigues Environment Committee” means the Rodrigues Environ- ment Committee referred to in section 90;

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“spill” means a discharge of a pollutant into the environment from or out of a structure, vehicle, vessel, craft, or other carrier or container, which—

(a) is abnormal having regard to all the circumstances of the dis- charge; and

(b) poses a serious threat to the environment;

“standards” includes criteria and specifications;

“stop order” means an order referred to in section 73;

“substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour, and includes mixtures of any substance, electricity and heat;

“technical advisory committee” means a committee referred to in sec- tion 12;

“undertaking”— (a) means an enterprise or activity, referred to in section 15 (2), or a

proposal, plan or programme in respect of an enterprise or activity by a public department, a local authority, or any other person;

(b) includes a modification or an addition to an undertaking;

“zone” has the meaning assigned to it in section 49. [S. 3 amended by s. 3 of Act 6 of 2008 w.e.f. 15 July 2008; s. 8 (1) (a) of Act 5 of 2012

w.e.f. 1 October 2012.]

4. Application of Act

This Act shall— (a) bind the State; (b) apply— (i) to the Island of Mauritius; (ii) subject to Part XII, to the Island of Rodrigues; (iii) to the other islands under the jurisdiction of the State of

Mauritius with such modifications as the Minister may, by regulations, prescribe.

PART II – ADMINISTRATION

5. The National Environment Commission

(1) There is established for the purposes of this Act a National Environ- ment Commission.

(2) The Commission shall consist of— (a) the Prime Minister, as Chairperson; (b) the Ministers to whom is assigned responsibility for the subjects

listed in the First Schedule; and

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(c) such other Ministers as the Prime Minister may designate.

(3) The Chief Commissioner may, from time to time, at the request of the Prime Minister, attend the meetings of the Commission.

[S. 5 amended by s. 33 (3) of Act 6 of 2008 w.e.f. 15 July 2008.]

6. Functions and powers of Commission

(1) The Commission shall—

(a) set national objectives and goals, and determine policies and pri- orities for the protection of the environment, having due regard to the recommendations of the Minister;

(b) review progress made by public departments on any aspect of environmental management projects and programmes;

(c) ensure coordination and co-operation between public depart- ments, local authorities, and other Government organisations engaged in environmental protection programmes;

(d) make such recommendations and issue such directions as it may determine to public departments;

(e) monitor and review the activities of public departments con- cerned with the protection and management of the environment.

(2) The Director shall act as Secretary to the Commission.

7. Powers of Minister

Subject to any direction by the Commission, the Minister shall for the purposes of this Act—

(a) propose and develop policies on all aspects of environmental protection and management pursuant to national objectives and goals set by the Commission from time to time;

(b) coordinate and monitor all environmental management pro- grammes, and where he deems necessary, issue directions to any public department or local authority for the promotion of such programmes;

(c) refer for investigation reports of pollution, spills, and other related cases for redress and for prosecution;

(d) establish such standards for the protection of the air, land and water as may be necessary to safeguard the human health and the environment;

(e) carry out research and commission studies on environmental quality and related matters;

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(f) prepare environmental action plans and issue reports on the state of the environment in co-operation with other public de- partments, the National Network for Sustainable Development, and non-governmental organisations or associations;

(g) initiate and coordinate action required in a state of environmental emergency or any other situations which may pose a serious threat to the environment;

(h) appoint technical advisory committees or other committees;

(i) publish and disseminate information concerning the protection of the environment;

(j) carry out such other activities as may be necessary or expedient for the administration of this Act.

8. The Department of Environment

(1) There shall be within the Ministry for the purposes of this Act a De- partment of Environment.

(2) The Department shall be administered by a Director of Environment who shall—

(a) be a public officer;

(b) be appointed by the Public Service Commission;

(c) be responsible for the control, operation and management of the day-to-day business of the Department;

(d) carry out the duties and functions provided under this Act, and such other assignments given to him by the Minister;

(e) be responsible to the Permanent Secretary for the proper dis- charge of his functions under this Act and for the implementa- tion of such policies as may be determined.

(3) There shall be appointed at the Department such officers as may be necessary for the proper discharge of the functions and duties of the Director under this Act.

(4) The officers of the Department shall be public officers and shall be under the administrative control of the Director.

(4A) There shall be a National Environmental Laboratory which shall be a Division of the Department.

(5) (a) The Director may designate any officer of the Department as authorised officer.

(b) The authorised officer shall have such duties and powers as may be conferred by this Act.

(6) Subject to subsection (7), the Director may in writing authorise an of- ficer of a local authority to exercise the powers vested in an authorised offi- cer under this Act.

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(7) No officer of a local authority shall be authorised to issue or to revoke a prohibition notice.

[S. 8 amended by s. 4 of Act 6 of 2008 w.e.f. 15 July 2008.]

9. Police de l’Environnement

(1) There shall be a Police de l’Environnement.

(2) The Police de l’Environnement shall be a unit of the Mauritius Police Force comprising of police officers, designated by the Commissioner of Po- lice, who shall have, in addition to any powers under any other enactment, the powers of an authorised officer under this Act.

(3) The Police de l’Environnement shall provide the Director, and the Is- land Chief Executive in relation to the Island of Rodrigues, such assistance as is required to enforce an environmental law.

10. The National Network for Sustainable Development

(1) There is established for the purposes of this Act a National Network for Sustainable Development, which shall be a body unincorporate.

(2) The National Network for Sustainable Development shall consist of— (a) the Minister, as Chairperson; (b) the Permanent Secretary, as Vice-Chairperson; (c) the Director; (d) a representative of each of the Ministries and organisations listed

in the Second Schedule; (e) a representative of each of 5 or more non-governmental organi-

sations designated by the Minister; (f) not more than 2 other members having competence and knowl-

edge in relevant matters, designated by the Minister.

(3) The National Network for Sustainable Development shall meet as and when and at such place as the Chairperson thinks fit.

(4) One third of the members of the National Network for Sustainable Development shall constitute a quorum.

(5) The National Network for Sustainable Development— (a) shall regulate its meetings and proceedings in such manner as it

thinks fit; (b) may set up such sub-committees as it thinks fit.

[S. 10 amended by ss. 5, 33 (1) and 33 (3) of Act 6 of 2008 w.e.f. 15 July 2008.]

11. Objects of National Network for Sustainable Development

The objects of the National Network for Sustainable Development shall be to act as a forum for discussions and consultations on any matter relating to— (a) harmonisation of the various sectoral, economic, social and envi-

ronmental policies and plans operating in the country;

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(b) quality and state of the environment;

(c) measures, plans and technologies for the improvement of the quality of the environment;

(d) development and implementation of an integrated approach to pollution prevention and control;

(e) harmonisation of the interests of proponents and promoters gen- erally, and the aspirations of users and society in the field of built-up environment and visual pollution;

(f) protection and management of the environmental assets and the national heritage of Mauritius in order to foster sustainable development.

12. Technical advisory committee

(1) The Minister may at any time set up such technical advisory commit- tee as he thinks fit to advise him on matters pertaining to the scientific and technical aspects of environmental protection and management.

(2) A technical advisory committee set up under subsection (1) shall—

(a) consist of members appointed by the Minister;

(b) provide advice on any matter specified by the Minister;

(c) obtain such assistance from the Director as may reasonably be required to carry out its functions;

(d) be discharged on submission of its opinion on the matter referred to it, unless the Minister—

(i) requests for further advice; or (ii) otherwise directs;

(e) regulate its meetings and proceedings in such manner as it thinks fit.

(3) Any person having a sound technical knowledge of the matter on which advice is required may be appointed by the Minister on a technical advisory committee on such terms and conditions as he may determine.

(4) A person appointed under subsection (3)—

(a) shall not be deemed to hold a public office solely by virtue of his appointment on the committee;

(b) shall be under the duty of confidentiality provided under sec- tion 94.

12A. Multilateral Environmental Agreements Co-ordinating Committee

(1) (a) There shall be a Multilateral Environmental Agreements Co- ordinating Committee, which shall be known as the MEAs Co-ordinating Committee and shall consist of—

(i) the Minister, who shall be the Chairperson;

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(ii) the Permanent Secretary;

(iii) the Director; and

(iv) a representative of each of the Ministries and Departments specified in the Third Schedule.

(b) The Minister shall co-opt another officer of a Ministry or organi- sation to attend and participate in a meeting of the Committee.

(c) An officer of the Department designated by the Director shall act as Secretary to the Committee.

(2) The MEAs Co-ordinating Committee shall be responsible for co- ordinating the implementation, by the relevant Ministries, Departments, pub- lic bodies and organisations, of MEAs and shall, inter alia, for that purpose—

(a) take cognisance of the outcome of meetings on MEAs at re- gional or international level and determine the measures and ac- tions to be taken at national level;

(b) monitor and review progress on the implementation of the measures and actions to be taken at national level in relation to MEAs; and

(c) promote synergies and inter-linkages for the implementation of MEAs.

(3) (a) For the purpose of discharging its functions, the MEAs Co- ordinating Committee may—

(i) establish subcommittees; and

(ii) delegate any of its functions and powers to its Chairperson or to a subcommittee.

(b) At a meeting of the MEAs Co-ordinating Committee, 5 members including the Chairperson shall constitute a quorum.

(c) Where the Minister is unable to attend a meeting, the Permanent Secretary shall chair the meeting.

(d) Subject to this section, the MEAs Co-ordinating Committee shall conduct its proceedings, and regulate those of a subcommittee, in such manner as it thinks fit.

[S. 12A inserted by s. 6 of Act 6 of 2008 w.e.f. 15 July 2008.]

PART III – ENFORCING AGENCIES

13. Enforcing agencies

(1) There shall be such enforcing agencies as are designated in the Fourth Schedule in respect of such environmental medium, or such pollutant, as is specified.

(2) Subject to subsection (3), an enforcing agency and an environmental liaison officer designated by it shall have the functions, powers and duties specified in the Fourth Schedule.

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(3) Subsection (2) shall not be construed to restrict, limit or derogate from, the powers of the Minister, the Permanent Secretary or the Director under the environmental laws in respect of a medium, aspect of a medium, or any pollutant.

(4) Where any enforcing agency fails for any cause or reason to take ap- propriate action with a view to prosecuting an offence, or issue a notice in connection with a breach, or with an alleged or suspected breach, of an en- vironmental law, the Minister may—

(a) issue such direction as he thinks fit to the enforcing agency;

(b) give direction as to such action in connection with the breach or suspected breach, and the issue of such notice, as he thinks fit.

(5) Where an enforcing agency fails to comply with a direction of the Minister under subsection (4) within the delay prescribed in the direction—

(a) the Director may carry out the task required in the direction;

(b) the Minister may report the failure of the enforcing agency to the Chairperson of the Commission for consideration.

(6) The Minister may, by regulations, amend the Fourth Schedule.

14. The Environment Coordination Committee

(1) There shall be for the purposes of this Act an Environment Coordina- tion Committee which shall consist of— (a) the Permanent Secretary, as Chairperson; (b) the Director, as Vice-Chairperson; (c) the Permanent Secretaries, or the executive directors, of the en-

forcing agencies, or a designated officer of a rank immediately below them;

(d) such other public officers, or officers of statutory bodies, as may be designated by the Minister.

(2) The Committee shall— (a) ensure the maximum co-operation and coordination among en-

forcing agencies and other public departments dealing with envi- ronment protection;

(b) develop such policies and administrative measures as are neces- sary to ensure prompt and effective consultation on matters re- lating to environment protection and management;

(c) ensure that information is shared among the enforcing agencies, the Department and other public departments so as to develop a better understanding of environmental issues and of problems re- lating to enforcement of environmental laws;

(d) advise the Minister and, when requested, the Commission, on matters relating to environmental standards, guidelines, codes of

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practice and other control measures for the purpose of avoiding duplication of functions among public departments and of ensur- ing proper enforcement of environmental laws; and

(e) ensure compliance with, implementation and enforcement of, any direction given by the Minister in relation to the coordination in the administration and enforcement of an environmental law among the various enforcing agencies.

(3) The Committee may—

(a) make recommendations to the Minister on any matter relating to the protection and management of the environment, including national environmental standards, the processing of applications for EIA licences, the review of EIAs, spills and environmental emergencies, enforcement procedures and policies;

(b) propose to the Minister amendment of the Fourth Schedule;

(c) adopt any memorandum of understanding on the use of facilities under the control of any public department;

(d) provide sound guidelines on sampling, monitoring and laboratory analyses under an environmental law.

(4) The Committee shall—

(a) regulate its meetings and proceedings as it thinks fit;

(b) meet as often as it is necessary at the request of its Chairper- son, but in any case at least once every month.

(5) For the purpose of discharging its functions under this Act, the Com- mittee may—

(a) establish sub-committees;

(b) delegate any of its functions and powers to its Chairperson, the Director or any sub-committee.

(6) Half of the members of the Committee shall constitute a quorum. [S. 14 amended by s. 33 (1) of Act 6 of 2008 w.e.f. 15 July 2008.]

PART IV – ENVIRONMENTAL IMPACT ASSESSMENT

15. Prohibition to carry out an undertaking

(1) Subject to subsection (2) and section 17, no person shall be required to provide a PER or an EIA in respect of any activity or project other than an undertaking.

(2) No proponent shall commence, or cause to be commenced,—

(a) a proposed new undertaking specified in Part A of the Fifth Schedule, without an approval of a PER in accordance with sec- tion 16;

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(b) a proposed new undertaking specified in Part B of the Fifth Schedule, without an EIA licence;

(c) any undertaking, more than 3 years after the issue of an EIA li- cence or PER approval unless the Minister, in circumstances be- yond the control of the proponent, otherwise determines, in re- spect of that undertaking.

(3) A proponent, other than a proponent applying through the Board of Investment, shall, at least 3 months before submitting his application for an EIA licence under section 18, provide the Director with an outline of his pro- posed undertaking, including its location, nature and scope.

(4) On the basis of the outline submitted under subsection (3), the Direc- tor may impose the terms of reference for the EIA report, the fields of study that are required to be covered, and the levels of expertise and the qualifica- tions of the consultants signing the report.

(5) The Director may—

(a) refuse to consider an application for an EIA in respect of which an outline in terms of subsection (3) has not been submitted;

(b) dispense a proponent with the requirement under subsection (3).

(6) Notwithstanding subsection (2), a proponent may prepare a feasibility study, or do any research, or any other act in furtherance of an application for an EIA licence or a submission of a PER in respect of an undertaking.

(7) A proponent shall inform the Director of any act proposed to be un- dertaken under subsection (6).

(8) Any proponent who contravenes subsection (2) shall commit an of- fence.

[S. 15 amended by ss. 7, 33 (2) and 33 (3) of Act 6 of 2008 w.e.f. 15 July 2008.]

16. Preliminary environmental report

(1) A PER in respect of an undertaking specified under Part A of the First Schedule shall be—

(a) in conformity with such policy or environmental guidance as may be published in respect of an undertaking and in such form as may be approved by the Director;

(b) duly signed by the proponent of the undertaking or his duly ap- pointed legal representative; and

(c) deposited at the Director’s office in 10 copies or in such addi- tional copies as the Director may request.

(2) A PER shall contain a description of the undertaking with particulars of—

(a) its location and its surroundings;

(b) its process, design and size;

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(c) any data or information necessary to identify and assess the ef- fects which the undertaking is likely to have on the environment, people and society;

(d) the measures which the proponent proposes to take to avoid, reduce and, where possible, remedy any significant effect that the undertaking is likely to have on the environment; and

(e) such other aspects of the undertaking as the Director may require.

(3) A PER shall be accompanied by—

(a) a site plan indicating the location of the undertaking;

(b) a non-technical summary, where the report is prepared by a consultant;

(c) a certificate issued by a notary expressing his opinion as to the ownership of the land on which the undertaking is to be exe- cuted, or where the proponent is not the owner of the land, by written evidence of the permission of the owner, and a certificate issued by a notary expressing his opinion as to the owner’s title.

(4) The Director may request—

(a) such additional information from the proponent as he thinks necessary;

(b) any public department, an enforcing agency, any non- governmental organisation or any other person, to submit its or his observations in writing on the PER within not more than 14 days from such request.

(5) (a) The Director shall, within 14 days of receiving such information or observations as he may have requested under subsection (4), review the PER submitted by the proponent and refer it to the PER Committee.

(b) The PER Committee shall examine the PER in the light of the Di- rector’s review and make such recommendations to the Minister as it thinks fit.

(5A) (a) There shall be set up a PER Committee consisting of—

(i) the Director or his representative, who shall be the Chairperson;

(ii) a representative of each of the Ministries responsible for the sub- ject of—

(A) agriculture; (B) health; (C) wastewater; (D) water resources;

(iii) the Chief Executive of the relevant local authority.

(b) An officer of the Department designated by the Director shall act as Secretary to the Committee.

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(c) The Committee may, with the approval of the Permanent Secre- tary and where the examination of a PER so requires, co-opt an officer of the Department or a representative of the Ministry responsible for the subject of fisheries, housing and lands, tourism or public infrastructure or of the Irriga- tion Authority or any other public officer to attend and participate in a meet- ing of the Committee.

(d) At a meeting of the Committee, 5 members including the Chair- person shall constitute a quorum.

(e) No co-opted member shall have the right to vote.

(f) Subject to this section, the Committee shall conduct its proceed- ings in such manner as it thinks fit.

(6) On being referred a PER under subsection (5), the Minister may—

(a) approve the report with such conditions as he deems appropriate;

(b) reject the report; or

(c) request submission of an application for an EIA licence in respect of the undertaking to which the report relates.

(7) Where a request is made under subsection (6) (c), the application for an EIA licence shall be in the same form and be processed in the same man- ner as if the undertaking were an undertaking under Part B of the First Schedule.

(8) Where a PER contains any false or misleading information or any material omission, the Minister may revoke an approval granted under this section.

(9) Any proponent who gives false or misleading information, or fails to disclose any material fact or information in a PER, shall commit an offence.

(10) Any person who fails to comply with a term or condition attached to an approved PER shall commit an offence.

(11) Notwithstanding the approval of a PER under subsection (6), the Minister shall, in respect of that PER, have the same powers as those con- ferred upon him by section 24 (3) in respect of an EIA licence, and any per- son who fails to comply with a direction or requirement issued under this subsection shall commit an offence.

[S. 16 amended by ss. 8 and 33 (2) of Act 7 of 2008 w.e.f. 15 July 2008.]

17. Non-listed activity

(1) Notwithstanding section 15, where in his opinion a project or an ac- tivity not specified as an undertaking under the First Schedule is likely, by reason of its nature, scope, scale and sensitive location, to have an impact on the environment or on the zoning of an area, the Minister may request the person carrying out or proposing to carry out the project or activity to submit a PER or an application for an EIA licence.

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(2) Where a request for submission of a PER or an application for an EIA licence is made, the project or activity shall be deemed to be an undertaking specified under the First Schedule in respect of which a PER or an EIA li- cence is required, as the case may be.

[S. 17 amended by s. 33 (2) of Act 6 of 2008 w.e.f. 15 July 2008.]

18. Application for an EIA licence

(1) A proponent applying for an EIA licence in respect of an undertaking specified in Part B and Part C of the Fifth Schedule, or in accordance with a request under section 16 (6) (c) or 17 (1), shall submit to the Director an EIA report—

(a) in electronic form, and in 15 printed copies, and such additional copies as may reasonably be required by the Director;

(b) signed by the proponent or his duly appointed legal representa- tive and countersigned by the consultant referred to in sec- tion 19 who prepared the report;

(c) accompanied by—

(i) satisfactory proof of ownership of the undertaking;

(ii) a site plan prepared and signed by a land surveyor;

(iii) a non-technical summary of the report;

(iv) a certificate issued by a notary expressing his opinion as to the ownership of the land on which the undertaking is to be executed, or where the proponent is not the owner of the land, by written evidence of the permission of the owner, and a certificate issued by a notary expressing his opinion as to the owner’s title.

(2) The EIA report shall contain a true and fair statement and description of the undertaking as proposed to be carried out by the proponent, and shall include—

(a) the name and address of the proponent;

(b) the ownership of the undertaking and of the land on which it is being conducted;

(c) the name, address and qualifications of the consultant who pre- pared the EIA;

(d) the precise location and surroundings of the undertaking, the zon- ing of the site and the number of similar undertakings in the area;

(e) the principle, concept and purpose of the undertaking;

(f) the direct or indirect effects that the undertaking is likely to have on the environment;

(g) an assessment of the social, economic and cultural effects which the undertaking is likely to have on the people and society;

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(h) any action or measure which the proponent proposes to take to avoid, prevent, change, mitigate or remedy, as far as possible, the likely effects of the undertaking on the environment;

(i) an assessment of the inevitable adverse environmental effects that the undertaking is likely to have on the environment, people and society, where it is implemented in the manner proposed by the proponent;

(j) an accurate assessment of the irreversible and irretrievable commitment of resources which will be involved in the undertak- ing, where it is implemented in the manner proposed by the pro- ponent;

(k) any alternative manner or process in which the undertaking may be carried out so as to cause less harm to the environment;

(l) an environmental monitoring plan; (m) information pertaining to the decommissioning of the project at

the end of its life cycle and associated impacts, proposed measures to return the site as far as possible to its former state, or rehabilitation measures;

(n) in the case of a new infrastructure proposal, an environmental management plan to be implemented during the construction phase; and

(o) such other information as may be necessary for a proper as- sessment and review of the potential impact of the undertaking on the environment, people and society.

19. Consultancy

(1) An EIA shall— (a) be signed by the proponent and all principal consultants who

prepared or assisted in the preparation of the EIA; (b) enclose particulars of the schedule of works undertaken by the

proponent and his consultants in the preparation of the EIA, includ- ing particulars of any consultation held with the public in the area where the undertaking is to be located.

(2) Notwithstanding the Copyright Act, no intellectual property rights in an EIA submitted under subsection (1) shall be opposable to a public officer or a Government department or agency dealing with an EIA in the discharge of his duties or exercise of his functions.

19A. EIA licence for large investment projects

Notwithstanding this Act, an application for an EIA licence in respect of a large investment project submitted by the Board of Investment to the Invest- ment Projects Fast-Track Committee under the Investment Promotion Act shall be made to the Director through the Board of Investment in accordance with section 18F of that Act.

[S. 19A inserted by s. 10 of Act 20 of 2011 w.e.f. 16 July 2011; repealed and replaced by s. 15 of Act 27 of 2013 w.e.f. 21 December 2013.]

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20. Public comment (1) An EIA submitted under section 18 shall be open for public inspection

during working hours at— (a) the office of the Department; (b) the main office of the Municipal City Council, Municipal Town

Council or District Council for the area where the undertaking is to be carried out; and

(c) such other places as may be specified in a notice under subsec- tion (2).

(2) The Director shall, not later than 14 days after the submission of an application for an EIA licence under section 18, give notice of the public inspec- tion specified in subsection (1) in the Gazette and in 2 consecutive issues of 2 daily newspapers.

(3) A notice published under subsection (2) shall— (a) give a summary description of the undertaking; (b) state the address where the undertaking is to be carried out; (c) state the place where the EIA may be inspected; (d) specify the time limit for the submission of public comments, in

writing, which shall be not less than 10 days and not more than 21 days after the date of the publication of the notice in the Gazette.

(4) The Director may, in respect of an EIA, other than one submitted through the Board of Investment, extend the time limit specified in subsec- tion (2) to afford reasonable opportunity for any person to submit public comments on the EIA.

(5) The Director may cause to be published an EIA or an extract of an EIA on the Internet for public inspection.

[S. 20 amended by s. 9 of Act 6 of 2008 w.e.f. 15 July 2008.]

21. Review of EIA (1) The Director shall—

(a) review an EIA submitted by a proponent and determine its scope and contents; and

(b) refer the EIA, with such comments and observations as he thinks appropriate, and with any public comment submitted under section 20, to the EIA Committee for examination not later than 42 days after the expiry of the time limit set for submission of public comments under section 20 (3) or (4), as the case may be.

(2) The Director may, for the purpose of the review under subsec- tion (1) (a)— (a) request any public department, an enforcing agency, any non-

governmental organisation or any other person, to submit their observations in writing on the EIA;

(b) set up a technical committee to advise him on the EIA or on any aspect of the undertaking;

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(c) require the proponent to carry out further study or to submit ad- ditional information for the purpose of ensuring that the EIA is as accurate and exhaustive as possible.

(3) Subject to subsection (5), any observation made pursuant to a re- quest made under subsection (2) (a) shall be made not later than 14 days after the expiry of the time limit set for submission of public comments un- der section 20 (3) (d), after which date it shall be presumed that the person does not have any observation to make.

(4) Where in respect of an EIA, other than one submitted through the Board of Investment, it appears to the Director that the time limit set out in subsection (1) (b) cannot for any reason be met, he may, after consultation with the proponent, refer the EIA on a date not later than 28 days after the expiry of that time limit, and shall inform the proponent accordingly.

(5) Where an EIA is submitted through the Board of Investment—

(a) the observations requested under subsection (2) (a) shall be made not later than 7 days after the request;

(b) the Director shall refer the EIA to the Committee not later than 14 days after the expiry of the time limit set for the submission of public comments under section 20 (3) (d). [S. 21 amended by s. 10 of Act 6 of 2008 w.e.f. 15 July 2008.]

22. EIA Committee

(1) There shall be for the purposes of this Act an EIA Committee which shall consist of—

(a) the Permanent Secretary, as Chairperson;

(b) the Permanent Secretaries of the Ministries having responsibility for the subjects specified in the Sixth Schedule, or their repre- sentatives;

(c) the Director, who shall have no voting right.

(2) The EIA Committee shall examine applications for an EIA licence re- ferred to it after review by the Director and shall make such recommenda- tions to the Minister as it thinks fit.

(3) At a meeting of the EIA Committee, 5 members including the Chair- person shall constitute a quorum.

(4) The EIA Committee may—

(a) establish any sub-committee for the purpose of examining the whole or any specific aspect of an EIA;

(b) with the approval of the Minister, co-opt any person as member.

(5) A co-opted member shall not—

(a) by virtue of his designation as member of the EIA Committee, be deemed to be a public officer;

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(b) have any voting right.

(6) Subject to this section, the EIA Committee shall regulate its meetings and proceedings in such manner as it thinks fit.

(7) The Chairperson may request the attendance of any officer of the Department at a meeting of the EIA Committee to provide such information it may require, but the officer shall not have any right to vote at the meeting.

(8) The EIA Committee shall, except in a case of force majeure or where further consultation is required, give its recommendations to the Minister not later than 14 days after the date the application was referred by the Director under section 21 (1) (b).

(9) Where the EIA Committee is examining an EIA submitted by a Minis- try, the Permanent Secretary of that Ministry or his representative shall not take part in the proceedings.

[S. 22 amended by ss. 11 and 33 (1) of Act 6 of 2008 w.e.f. 15 July 2008.]

23. Decision on EIA

(1) Subject to subsections (3) and (4), the Minister shall after taking into consideration the recommendations of the EIA Committee make his decision on the EIA within 7 days of the receipt of the recommendations.

(2) The Minister may—

(a) subject to section 24, approve the issue of an EIA licence on such terms and conditions as he may deem appropriate; or

(b) disapprove the EIA and reject the application.

(3) Where the Minister is unable to make a decision, he shall refer the EIA to a technical advisory committee set up under section 12 with instruc- tions to advise him within 14 days on such issues as are set out in the terms of reference.

(4) The Minister shall, within 14 days of receiving of the advice of the technical advisory committee and in the light of the advice of that commit- tee, approve the EIA subject to such terms and conditions he deems fit to impose, or disapprove the EIA and reject the application.

(5) The Director shall, as soon as possible but not later than 7 working days after the day on which the Minister makes his decision, give notice in the Gazette and in the newspapers in which notice of application was given pursuant to section 20 (2), of a summary of the decision of the Minister to approve or to reject the EIA stating the place where the full decision may be available.

(6) Subject to an appeal under sections 56 and 57, the decision of the Minister shall be final and binding.

(7) The Director shall comply with and give effect to the decision of the Minister under subsection (2) or (4).

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(8) Where an EIA is approved by the Minister, the Director shall issue an EIA licence on the terms and conditions specified by the Minister.

(9) Any person who fails to comply with a term or condition attached to an EIA licence shall commit an offence.

[S. 23 amended by s. 12 of Act 6 of 2008 w.e.f. 15 July 2008.]

24. EIA approval

(1) In considering approval of an EIA, account shall be taken of—

(a) such policy or environmental guidance as may be published in respect of an undertaking;

(aa) the environmental factors considered in the EIA;

(b) the measures proposed to avoid or minimise adverse effects on the environment, people or society;

(c) the alternatives proposed in the EIA;

(d) such other matters as may be relevant in weighing the signifi- cance or insignificance of the potential environmental impact of the undertaking.

(2) Where an EIA is approved or a direction is given by the Minister under subsection (3) (b), the EIA and the directions shall be deemed to be condi- tions of the EIA licence issued under section 23 (8).

(3) Notwithstanding the approval of an EIA, the Minister may at any time—

(a) revoke an EIA licence, or amend the conditions of an EIA licence, where he has reason to believe that—

(i) circumstances reasonably justifying such revocation or amendment of the conditions have arisen since the grant- ing of the EIA licence;

(ii) the proponent is contravening the conditions attached to his licence;

(iii) the proponent had failed to disclose any material informa- tion or had provided false or misleading information in the EIA report;

(b) give the proponent such directions as he considers necessary in relation to—

(i) the methods of execution and the phasing of the under- taking;

(ii) works or actions required to prevent, reduce or eliminate the adverse effects of the undertaking on the environment, people and society;

(iii) research, investigation, and monitoring programmes related to the undertaking;

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(iv) any other aspect of the undertaking or of the execution of the undertaking which is reasonably expected to have ad- verse environmental effects;

(c) require the proponent to submit at such intervals as he may de- termine, reports on the impacts of the undertaking on the envi- ronment, people and society.

(4) Any person who fails to comply with a direction or requirement under subsection (3) (b) and (c), shall commit an offence.

[S. 24 amended by s. 13 of Act 6 of 2008 w.e.f. 15 July 2008.]

25. Submission of fresh EIA

(1) The Minister may, at any time after the issue of an EIA licence, issue a direction to the licensee requiring him to submit a fresh EIA in respect of his undertaking within such time as may be specified.

(2) A direction under subsection (1) may be issued where, in the opinion of the Minister—

(a) the undertaking is, or is likely to be, a source of pollution to the environment;

(b) there is a substantial change or modification in the undertaking, or in the manner in which the undertaking is being operated;

(c) the undertaking poses a threat to the environment; or

(d) the circumstances of the undertaking with regard to its sur- rounding environment so require.

(3) A licensee who fails to comply with a direction issued under subsec- tion (1) shall commit an offence and the Court may, on conviction, in addi- tion to the penalty provided in section 85, cancel his EIA licence or suspend it for a period not exceeding one year.

[S. 25 amended by s. 14 of Act 6 of 2008 w.e.f. 15 July 2008.]

26. Transfer of undertaking

(1) Where the ownership, control and management of an undertaking is transferred, whether before or after the grant of an EIA licence or a PER ap- proval, the transferor shall by registered post—

(a) notify the Director of the transfer and communicate to the Direc- tor a copy of the document witnessing the transfer; and

(b) send a copy of the notification under paragraph (a) to the trans- feree.

(2) Unless a notification is given under subsection (1), it shall be pre- sumed for the purposes of this Act or any other enactment or rule of law, that the person applying for an EIA licence or a PER approval or the holder of the EIA licence or a PER approval, as the case may be, is the proponent and shall have all the responsibilities and liabilities of the proponent.

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(3) Where a notification is given under subsection (1), the transferee mentioned in the notice under subsection (1) shall, in the absence of any protest by him within 28 days after the notification, be presumed as from the date of the notice, for the purposes of this Act or any other enactment or rule of law, to be the owner or the person having the charge or manage- ment or control of the undertaking.

(4) A transfer of an undertaking or of the land where the undertaking is conducted shall not affect the application of the EIA licence or a PER ap- proval and its conditions to the undertaking.

(5) Any person who contravenes subsection (1) shall commit an offence. [S. 26 amended by s. 15 of Act 6 of 2008 w.e.f. 15 July 2008.]

27. Effect of EIA licence (1) No civil or criminal liability in respect of an undertaking or conse-

quence resulting from an undertaking shall be incurred by Government, the Minister, or any public officer by reason of the approval of an EIA or the grant of an EIA licence, or by reason of any conditions attached to an EIA licence.

(2) The fact that an EIA licence is issued in respect of an undertaking shall afford no defence to any civil action or to a prosecution under any en- actment, other than section 15 (2), concerning that undertaking or the man- ner it is operated or managed.

28. Exemption (1) The Minister may declare an undertaking specified in Part B of the

First Schedule by a public department, which, in his opinion, is urgently needed in the national interest or for the economic development of Mauritius, to be an exempt undertaking.

(2) The EIA of an exempt undertaking shall be submitted to the Director, who after examination, shall refer it, together with any public comments re- ceived, to the EIA Committee for any comments or recommendations.

(3) The EIA Committee shall refer an EIA in respect of an exempt under- taking, together with its comments and observations to the Minister for his decision.

(4) The Minister may approve the EIA on such conditions as he thinks fit, having regard to the matters specified in section 24.

(5) Where the Minister approves an EIA under subsection (4), the Direc- tor shall cause a notice to be published in the Gazette and in 2 daily news- papers stating— (a) a summary description of the undertaking and its location; (b) the proponent of the undertaking; (c) a declaration that the undertaking is an exempt undertaking; (d) the approval of the EIA and the conditions attached to the

approval. [S. 28 amended by s. 16 of Act 6 of 2008 w.e.f. 15 July 2008.]

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28A. EIA/PER Monitoring Committee

(1) There shall be an EIA/PER Monitoring Committee which shall consist of—

(a) the Director or his representative, who shall be the Chairperson;

(b) a representative of each of the Ministries specified in the Sixth Schedule;

(c) one or more officers of the Department, designated by the Direc- tor, one of whom shall be the Secretary to the Committee;

(d) an officer of the Police de l’Environnement; and

(e) the Chief Executive of the relevant local authority.

(2) The Committee shall—

(a) set up and lay down programmes for the purpose of following up progress after the grant of an EIA licence or the approval of a PER;

(b) coordinate the implementation of a programme referred to in paragraph (a);

(c) conduct such monitoring exercise as may be necessary to ensure that the conditions of an EIA licence or those imposed on the approval of a PER are complied with;

(d) determine appropriate enforcement measures where it finds that any condition referred to in paragraph (c) is not complied with; and

(e) prepare and submit to the Minister, not later than 31 July and 31 January in every year, a report on its activities for every half year.

(3) (a) The Committee shall meet at least once monthly at such time and place as the Chairperson may determine.

(b) At a meeting of the Committee, 5 members including the Chair- person shall constitute a quorum.

(c) Subject to paragraphs (a) and (b), the Committee shall conduct its proceedings in such manner as it thinks fit.

[S. 28A inserted by s. 17 of Act 6 of 2008 w.e.f. 15 July 2008.]

PART V – SPILL AND ENVIRONMENTAL EMERGENCY

29. Emergency measures

(1) A public officer, officer of a local authority, or any person, who is informed or otherwise made aware of a spill shall immediately notify the Director.

(2) Any owner of a pollutant which is spilled shall forthwith—

(a) notify the Director; and

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(b) inform the Director of— (i) the circumstances of the spill; and (ii) any action taken or proposed to be taken in relation to the

spill;

(c) do everything practicable to— (i) prevent, eliminate or reduce the adverse effects of the spill; (ii) restore the environment to the state it was in, prior to the

spill.

30. Interventions of Director

(1) Where the owner of a pollutant which is spilled—

(a) is reasonably suspected of contravening section 29 (2) (c);

(b) cannot promptly be identified;

(c) requests the assistance of the Director in relation to a spill, the Director may initiate any action and take any measures necessary in the public interest to prevent, eliminate or reduce the adverse effects on, and to restore to its previous state as far as is practicable, the environment.

(2) In the event of a spill, the Director may direct the owner of the pol- lutant which is spilled, or any other person, to take such action within such period of time as he may specify in order to—

(a) prevent, eliminate or reduce the adverse environmental effects of the spill;

(b) restore as far as is practicable the environment to its previous state;

(c) dispose of, or in any way deal with, the pollutant or any object reasonably suspected to be affected by the pollutant.

(3) The Director may direct any person conducting an activity which may, in the Director’s opinion, cause a spill—

(a) to prepare a contingency plan to the satisfaction of the Director; or

(b) to make such modification as he thinks appropriate to an exist- ing contingency plan.

31. Clean-up and removal operations

The Minister shall prescribe—

(a) the procedures for clean-up and removal operations in the event of a spill;

(b) the method of storage and of disposal of any pollutant or of any object, plant, animal or any part of the environment removed in a clean-up or removal operation or otherwise affected by a pollut- ant.

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32. Liability for spill

(1) Without prejudice to any other cause of action or remedy under any other enactment, any person affected in any way by a spill shall have a right to damages from the owner of a pollutant.

(2) Subject to this section, article 1384 alinéa 1 of the Code Civil Mau- ricien shall apply to an action under subsection (1).

(3) For the purposes of an action for damages under this section— (a) the owner of a pollutant shall be presumed to be liable for any

damages caused by a spill; (b) the owner of a pollutant which is spilled shall always be deemed

to be the gardien of the pollutant; (c) a pollutant shall always be deemed to be in the custody of the

owner of the pollutant; (d) the burden of proving that the damage was not caused by the

pollutant which was spilled, shall always rest on the owner of the pollutant.

(4) Where there are several owners of a pollutant, the action may be di- rected against all or anyone of them.

(5) Where damage is caused by a spill to the environment, or to any property, object or thing which is not the subject of private ownership, the Attorney-General may claim damages against the owner of the pollutant in accordance with this section.

33. Recovery of expenses

(1) The Director shall recover from the owner of a pollutant which is spilled all costs and expenses incurred as a result of— (a) any clean-up or removal operation; (b) any measure taken to prevent, eliminate or reduce the adverse

effects of a spill on the environment; (c) any measure taken to dispose of or to deal with the pollutant.

(2) The costs and expenses referred to in subsection (1) shall be deemed to be civil debts owed by the owner of a pollutant to the Government of Mauritius.

34. Environmental emergency

(1) Where a major threat to the environment is posed as a result of a spill or otherwise, the Prime Minister may, in consultation with the Minister, de- clare an environmental emergency.

(2) Notwithstanding any other enactment, where an emergency is de- clared under subsection (1), the Prime Minister may give such directions as he thinks fit to any public department for the purpose of the protection of the environment.

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(3) The public department which has been given a direction under sub- section (2) shall prepare such contingency plan as is appropriate in the event of an emergency situation contemplated under this section.

[S. 34 amended by s. 18 of Act 6 of 2008 w.e.f. 15 July 2008.]

34A. Other threat to the environment

(1) Where a threat other than a major threat to the environment referred in section 34 (1) is posed as a result of a spill or otherwise, the Minister may set up a technical committee to advise him on matters pertaining to the rele- vant scientific and technical aspects of environmental protection and man- agement and to make such recommendation as it may deem fit.

(2) Where, following a recommendation of the technical committee, ex- penditure is incurred as a result of—

(a) any clean-up or removal operation;

(b) any measure taken to prevent, eliminate or reduce the adverse effects of a threat to the environment; or

(c) any measure taken to dispose of or to deal with the pollutant, the amount spent shall, subject to subsection (3), be disbursed from the Fund.

(3) Where the identity of the owner of the spill or pollutant is later ascer- tained, the amount disbursed may, within a period of 10 years from an op- eration or measure under subsection (2), be recovered by the Director from the owner and any amount so recovered, including interest and costs, shall be credited to the Fund.

[S. 34A inserted by s. 19 of Act 6 of 2008 w.e.f. 15 July 2008.]

35. Powers in case of emergency or spill

Any person engaged in an action or measure taken by the Director in the case of a spill, or in furtherance of a direction by the Prime Minister in the case of an emergency, may—

(a) without warrant enter any premises, except a dwelling house, and have access through or over any building, structure, vehicle or by land, water or air;

(b) construct or set up any structure, machinery, materials and equipment on any premises;

(c) remove the pollutant or any object, plant, animal, to any part of the environment which is reasonably suspected to be affected by the pollutant; and

(d) stop, inspect, search and detain any vehicle.

36. Regulations under this Part

The Minister may make regulations under this Part—

(a) for the purpose of preventing, or in any way dealing with, a spill;

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(b) providing for the requirement of a contingency plan in respect of any activity which may cause a spill;

(c) after consultation with the Commission, for the purpose of envi- ronmental emergency.

PART VI – NATIONAL ENVIRONMENTAL STANDARDS

37. Issue of standards and guidelines

(1) Subject to this section, the Minister may, for the protection and man- agement of the environment, issue guidelines published in the Gazette on any of the following—

(a) water;

(b) effluent limitations;

(c) air;

(d) noise;

(e) waste, in any form or nature;

(f) pesticide residues;

(g) odour;

(h) —

(i) built-up environment and landscape.

(2) Without prejudice to the Occupational Safety and Health Act and any other enactment, and subject to this section, the Minister shall, for the con- trol of pollution of the environment, have exclusive authority to issue na- tional environmental standards in relation to any of the subjects set out in subsection (1).

(3) A public department, a non-governmental organisation or any person, may make recommendations to the Minister in respect of national environ- ment standards.

(4) Where the Minister proposes to issue any guidelines or any national environmental standards or to amend existing guidelines or standards, he—

(a) shall consult the relevant enforcing agency;

(b) may consult a technical advisory committee appointed by him, and the Committee.

(5) Before issuing any guidelines or national environmental standards, the Minister shall cause the proposed guidelines or standards to be published by notice in the Gazette and in 2 daily newspapers, and invite submissions in writing on the proposed standards within such period as may be specified in the notice.

[S. 37 amended by s. 20 of Act 6 of 2008 w.e.f. 15 July 2008.]

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38. Standards for water

(1) The Minister shall prescribe standards for water quality to protect the public health, welfare and the environment, and to provide adequate safe- guard for the quality of water.

(2) Any regulations made under subsection (1) may provide for different standards for water quality, having regard to the use and value of water for domestic supply, propagation of fish, flora, fauna, and wildlife, recreational purpose, agricultural, industrial and other uses.

39. Effluent limitations

The Minister shall establish—

(a) effluent limitations for sources of pollution by effluents in accor- dance with the applicable pollution control technology, having regard to existing and new sources of pollution;

(b) time schedules for installation and operation of applicable pollu- tion control technology.

40. Standards for air

(1) The Minister shall prescribe standards to protect the quality of air re- sources so as to promote the public health and welfare, and the development and the productive capacity of human, animal or plant life.

(2) The standards prescribed under subsection (1), shall provide for—

(a) minimum essential air quality;

(b) the control of concentration of substances in the air, which separately or in combination, are likely to result in damage or de- terioration of property, and of human, animal and plant health;

(c) controls for atmospheric pollution originating from energy and industrial sources, including pollution produced by craft and other self-propelled vehicles, and by factories and power gener- ating stations;

(d) standards applicable to emission from mobile sources, causing or contributing to air pollution, or endangering public health and welfare.

41. Standards for noise

(1) Subject to subsection (2), the Minister shall—

(a) prescribe such standards for noise emission as are, in his opin- ion, required to maintain and preserve public health, public com- fort and the environment;

(b) make regulations for the prevention and control of noise from any source.

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(2) The environmental standard for noise emitted from a place of worship shall be 55 dB(A) Leq recorded at the boundary of the site, dB(A) Leq being the equivalent A-weighted sound pressure level measured in decibel.

[S. 41 repealed and replaced by s. 21 of Act 6 of 2008 w.e.f. 15 July 2008.]

42. Standards for hazardous wastes

(1) The Minister may, by regulations, declare specified wastes as hazard- ous wastes.

(2) In determining which wastes shall be declared hazardous, the Minister shall have regard to such special circumstances as he considers appropriate, including quantity, location, and climatic conditions, relating to discharges.

(3) The Minister shall prescribe standards for hazardous wastes to control pollution of the environment and to promote public health and welfare.

(4) The Minister may make regulations for—

(a) the control of the import, export, collection, movement, transit, transportation and disposal of hazardous wastes;

(b) the licensing of waste disposal sites, waste management sys- tems and other facilities relating to the disposal of hazardous wastes in an environmentally sound manner. [S. 42 amended by s. 22 of Act 6 of 2008 w.e.f. 15 July 2008.]

43. Standards for non-hazardous wastes

The Minister shall prescribe standards for the collection, transportation, storage, processing, disposal and recycling of non-hazardous wastes.

44. Standards for pesticide residues

(1) The Minister shall prescribe standards for the concentration of pesti- cide residues in raw agricultural commodities, food and animal feed.

(2) For the purpose of subsection (1), “raw agricultural commodities”—

(a) includes fresh or frozen fruits and vegetables in their raw state, grains, nuts, eggs, raw milk, meat and other agricultural produce; but

(b) does not include any agricultural produce or food which is pro- cessed, fabricated or manufactured by cooking, dehydrating, milling or any other means. [S. 44 amended by s. 23 of Act 6 of 2008 w.e.f. 15 July 2008.]

45. Standards for odours

The Minister shall prescribe such standards for odours as are required to preserve and maintain public health and the environment.

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46. Standards for built-up environment

The Minister shall prescribe such standards as are required to maintain, preserve and develop architectural harmony and aesthetic value for the built- up environment.

47. Quality control of laboratories

(1) An analysis of environmental sample conducted by, or environmental data provided by, a laboratory, other than an accredited laboratory, shall not be admissible evidence in any proceeding before a Court of law or before the Tribunal to establish the properties of any environmental sample and the re- sult of any analysis of an environmental sample.

(2) Pending the accreditation of a laboratory, subsection (1) shall have no effect.

48. Industrial waste audit

(1) The Minister may make regulations to provide for pollution control by means of an industrial waste audit.

(2) Without prejudice to the generality of subsection (1), such regulations may, in respect of such activities as may be prescribed, provide for—

(a) an inventory of waste;

(b) the development and implementation of an environmental man- agement plan;

(c) the appointment of officers for the preparation, implementation and monitoring of an environmental management plan;

(d) different criteria and qualifications in respect of different indus- trial enterprises.

PART VII – COASTAL AND MARITIME ZONE MANAGEMENT

49. Interpretation under this Part

In this Part—

“coastal zone”—

(a) means any area which is situated within one kilometre or such other distance as may be prescribed from the high water mark, extending either side into the sea or inland;

(b) includes— (i) coral reefs, reef lagoons, beaches, wetlands, hinterlands

and all islets within the territorial waters of Mauritius and Rodrigues;

(ii) any estuary or mouth of a river and that part of a river, stream or canal which lies within one kilometre from the outermost point of its bank on the sea at high tide;

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(iii) the islands of Agalega and Saint Brandon, and other outer islets;

“dumping” means—

(a) any deliberate disposal of wastes or other matter from vehicles, vessels, crafts, platforms or other man-made structures at sea;

(b) any deliberate disposal of vehicles, vessels, crafts, or other man- made structures at sea;

“maritime zone” has the same meaning as in the Maritime Zones Act;

“zone” means the coastal and maritime zones. [S. 49 amended by s. 30 (1) (a) of Act 2 of 2005 w.e.f. 1 April 2005.]

50. ICZM Committee

(1) There shall be for the purposes of this Act an Integrated Coastal Zone Management Committee which shall consist of—

(a) the Director of Environment, as Chairperson;

(b) a representative of each of the Ministries, departments, public bodies, organisations and associations specified in the Seventh Schedule; and

(c) the representatives of 6 non-governmental organisations, ap- pointed by the Minister.

(2) The ICZM Committee shall, in relation to the coastal zone—

(a) develop an integrated management plan;

(b) coordinate regional and international projects;

(c) monitor coastal water quality and coastal resources, including wetlands;

(d) conduct and recommend studies on beach erosion and propose measures for its control;

(e) make recommendations for the upgrading of recreational facilities;

(f) coordinate the management of islets and outer islands;

(g) make recommendations on guidelines for coastal constructions;

(h) propose oil spill contingency planning and sensitivity mapping; and

(i) generally, make recommendations to the Minister on the man- agement and protection of the coastal zone.

(3) The ICZM Committee shall meet at such place and time as the Chair- person thinks fit.

(4) One third of the members of the ICZM Committee shall constitute a quorum.

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(5) The ICZM Committee shall regulate its meetings and proceedings in such manner as it thinks fit.

[S. 50 amended by s. 33 (1) of Act 6 of 2008 w.e.f. 15 July 2008.]

51. Protection of zone

(1) The Minister may make regulations providing for—

(a) the management, protection and enhancement of the environ- ment in the zone;

(b) the prevention, reduction and control of pollution in the zone;

(c) the implementation of obligations under, and giving effect to, international and regional agreements.

(2) Notwithstanding the generality of subsection (1), the regulations may provide for—

(a) the preservation and conservation of the environment of the zone;

(b) such measures as are necessary to ensure that activities in the zone are so conducted as not to cause damage by pollution to the natural environment;

(c) the control and prevention of pollution from vessels, craft and other engines used in the zone;

(d) the control and prevention of pollution from installations and devices used in the exploration or exploitation of the natural resources of the sea bed and subsoil of the maritime zone;

(e) the control and prevention of pollution of the marine environ- ment from land-based sources, including rivers, estuaries, pipe- lines, and outfall structures;

(f) the control and prevention of pollution of the marine environ- ment arising from, or in connection with, seabed activities and from artificial islands, installations and structures in the maritime zone;

(g) the control and prevention of pollution from or through the atmosphere, applicable to the air space under its sovereignty and to vessels flying its flag or vessels or aircraft of its registry.

(3) The Minister shall cause to be prepared an integrated coastal zone management plan which shall be used for coastal zone planning, manage- ment and development.

[S. 51 amended by s. 30 (1) (b) of Act 2 of 2005 w.e.f. 1 April 2005.]

52. Dumping in zone

(1) Subject to subsection (2), no person shall release, or cause to release, into the zone any pollutant, waste or other noxious substance from or through, the atmosphere, or by dumping.

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(2) It shall be a defence to a prosecution under subsection (1) to prove that the release or dumping—

(a) was due to or was rendered necessary by force majeure or for the protection of human life;

(b) was within the level, amount or nature permissible under an international agreement or convention to which the State of Mauritius is a party.

(3) Any person who contravenes subsection (1) shall commit an offence.

PART VIII – THE TRIBUNAL [Heading repealed and replaced by s. 8 (1) (b) of Act 5 of 2012 w.e.f. 1 October 2012.]

53. Interpretation of Part VIII

In this Part, “Tribunal” has the same meaning as in the Environment and Land Use Appeal Tribunal Act.

[S. 53 amended by s. 33 (1) of Act 6 of 2008 w.e.f. 15 July 2008; repealed and replaced by s. 8 (1) (b) of Act 5 of 2012 w.e.f. 1 October 2012.]

54. Jurisdiction of Tribunal

(1) The Tribunal shall hear and determine appeals against—

(a) a decision of the Minister under section 16 (6), 17 (1), 23 (2), 23 (4), 24 (3) (a), 24 (3) (b) or 25 (1);

(b) the service of a notice by the Director under section 70 (1), 71 (1), 72 (1), 73 (1), 76 (2) or 78 (2);

(c) a decision of the Director under section 70 (4) (c).

(2) Where the Minister has decided to issue an EIA licence, any person who—

(a) is aggrieved by the decision; and

(b) is able to show that the decision is likely to cause him undue prejudice,

may appeal against the decision to the Tribunal.

(3) (a) Any person who has suffered damage or prejudice, as a result of a breach of an environmental law by another person, may make a claim to the Tribunal where the claim does not exceed 50,000 rupees.

(b) The Tribunal may, on a claim being made under paragraph (a), make such order as it thinks fit, including an award of damages, against the person who has caused the damage or prejudice.

(c) (i) The Tribunal shall not hear and determine a complaint under this Act unless the person making the complaint has voluntarily made a sworn statement, in such form as may be prescribed, that he has waived his right to initiate civil proceedings before any Court in Mauritius in respect of the facts that form the subject matter of the complaint.

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(ii) A waiver referred to in subparagraph (i) shall constitute a bar to subsequent civil proceedings being initiated by the complainant before any Court in Mauritius in respect of the subject matter of the complaint.

(iii) In this paragraph, “civil proceedings” does not include an appli- cation made under section 17 or 83 of the Constitution.

[S. 54 amended by s. 33 (2) of Act 6 of 2008 w.e.f. 15 July 2008; repealed and replaced by s. 8 (1) (b) of Act 5 of 2012 w.e.f. 1 October 2012.]

55. — [S. 55 amended by s. 33 (1) of Act 6 of 2008 w.e.f. 15 July 2008; repealed by s. 8 (1) (b)

of Act 5 of 2012 w.e.f. 1 October 2012.]

56. — [S. 56 amended by s. 33 (1) of Act 6 of 2008 w.e.f. 15 July 2008; repealed by s. 8 (1) (b)

of Act 5 of 2012 w.e.f. 1 October 2012.]

57. — [S. 57 amended by s. 33 (1) of Act 6 of 2008 w.e.f. 15 July 2008; repealed by s. 8 (1) (b)

of Act 5 of 2012 w.e.f. 1 October 2012.]

58. — [S. 58 repealed by s. 8 (1) (b) of Act 5 of 2012 w.e.f. 1 October 2012.]

PART IX – THE NATIONAL ENVIRONMENT FUND

59. The National Environment Fund

(1) There shall be established a National Environment Fund.

(2) The Fund shall be deemed to be a Special Fund for the purposes of the Finance and Audit Act.

60. Objects of Fund

The objects of the Fund shall be—

(a) to provide for foreign laboratory support for analysis of environ- mental samples;

(b) to carry out programmes to prevent and reduce pollution;

(c) to promote environmental education and research;

(d) to support non-governmental organisations engaged in environ- ment protection;

(e) to encourage local environmental initiatives;

(f) to publish reports on the environment;

(g) to promote, support and encourage activities relating to envi- ronment protection and management;

(h) to provide for expenditure incurred as a result of any operation or measure taken under section 34A or section 89 (4). [S. 60 amended by s. 24 of Act 6 of 2008 w.e.f. 15 July 2008.]

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61. The Board

(1) The Fund shall be administered by a Board which shall consist of—

(a) the Permanent Secretary, as Chairperson;

(b) the Accountant-General, or his representative;

(c) the Director;

(d) any other person designated by the Minister.

(2) The Board shall—

(a) be convened by the Chairperson at such time and place as he thinks fit;

(b) regulate its meetings and proceedings in such manner as it thinks fit.

(3) The Board shall—

(a) comply with such directions of a general character as the Minis- ter may give;

(b) furnish to the Minister such information with respect to the dis- charge of its functions as the Minister may require.

[S. 61 amended by s. 33 (1) of Act 6 of 2008 w.e.f. 15 July 2008.]

62. Income and disbursement

(1) The Fund shall consist of—

(a) any monies lawfully accruing to the Fund;

(b) donations and grants;

(c) any funds raised from public activities organised with the approval of the Board.

(2) No disbursement of money shall be made from the Fund except—

(a) for the purposes of the Fund; and

(b) with the authorisation of the Board.

(3) Article 910 of the Code Civil Mauricien shall not apply to donations made to the Fund.

63. Audit and accounts

(1) The Finance Officer shall—

(a) not later than 3 months after each financial year, prepare and submit to the Director of Audit—

(i) an annual statement of the receipts and payments of the Fund for that financial year; and

(ii) a balance sheet showing the assets and liabilities of the Fund in respect of that financial year;

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(b) furnish to the Minister as soon as practicable, after the end of each financial year, a report dealing with the activities and finan- cial position of the Fund during that period;

(c) attend the meetings of and advise the Board on the financial standing of the Fund.

(2) The Minister shall, at the earliest available opportunity, lay a copy of the annual reports and audited annual accounts of the financial year before the Assembly.

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64. Regulations in respect of Fund

The Minister may, with the approval of the Board, make such regulations as he thinks fit for the purposes of the Fund.

PART X – ENVIRONMENT PROTECTION FEE

65. Interpretation

In this Part—

“designated establishment” means premises, or a set of premises, used in connection with the carrying on of any of the activities specified in the Eighth Schedule;

“Director-General” has the same meaning as in the Mauritius Revenue Authority Act;

“fee”—

(a) means the environment protection fee specified in section 66; and

(b) includes any surcharge specified in section 68;

“guesthouse” has the meaning assigned to it in the Tourism Authority Act;

“hotel” has the meaning assigned to it in the Tourism Authority Act;

“manager”, in relation to a designated establishment, means—

(a) the person responsible; and

(b) includes the licensee;

“month” includes part of a month;

“tourist residence” has the meaning assigned to it in the Tourism Au- thority Act.

[S. 65 amended by s. 10 (a) of Act 14 of 2005 w.e.f. 21 April 2005; s. 12 (a) of Act 17 of 2007 w.e.f. 1 September 2007; s. 33 (3) of Act 6 of 2008 w.e.f. 15 July 2008.]

66. Charge to environment protection fee

(1) Subject to this section, there shall be levied on every designated es- tablishment a fee to be known as the environment protection fee.

(2) The manager of every designated establishment specified in Column 1 of the Eighth Schedule shall, after the end of every month, pay to the Director- General on its monthly turnover in respect of that month, a fee at the corre- sponding rate specified in Column 2 of that Schedule within the period speci- fied in Column 3 of that Schedule.

(3) Where a designated establishment ceases its activity, the fee calcu- lated under subsection (2) shall be paid within 7 days of the date of the ces- sation of its activities.

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(4) Any manager who fails to pay the fee leviable under this Part shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 5 years.

[S. 66 amended by s. 10 (b) of Act 14 of 2005 w.e.f. 21 April 2005; s. 12 (b) of Act 17 of 2007 w.e.f. 1 September 2007.]

67. Registration of enterprise or activity

(1) Subject to this section, every manager shall—

(a) within 14 days of the start of its activity; or

(b) within 30 days of 5 September 2002, where its activity has al- ready started before 5 September 2002,

register the designated establishment with the Director-General by submitting an application for registration in such form as may be approved by the Direc- tor-General.

(2) For the purposes of registration under subsection (1), the manager shall provide the full name and address, the nature of the activity, the turn- over and the number of employees in respect of the accounting year of the designated establishment and such other information and particulars as may be required in the form of registration.

(2A) Notwithstanding subsections (1) and (2), where a person is regis- tered under the Business Registration Act and the premises where he carries on his activities fall within the meaning of a “designated establishment”, the premises shall be deemed to have been registered as a designated establish- ment with the Director-General under this section as from the starting date of its activity.

(3) Where, after the registration of a designated establishment, under this Part, there is a change in the turnover or number of employees which may affect the liability to the fee payable, or there is a change in any of the other particulars provided, the manager shall, within 14 days of the occurrence of the change, give notice in writing to the Director-General.

(4) Where a designated establishment ceases its activity, the manager shall, within 7 days, thereof give written notice to that effect to the Director- General.

(5) Any manager who fails to comply with this section, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 2 years. [S. 67 amended by s. 12 (b) of Act 17 of 2007 w.e.f. 1 September 2007; s. 4 (a) of Act 1 of

2009 w.e.f. 16 April 2009.]

68. Penalty and interest for late payment of fee

Where a manager fails to pay any fee under section 66 on the last day on which it is payable, he shall be liable to pay to the Director-General, in addi- tion to the fee—

(a) a penalty of 5 per cent of the fee; and

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(b) interest at the rate of one per cent per month or part of the month on any amount of fee unpaid up to the date of payment.

[S. 68 repealed and replaced by s. 10 (c) of Act 14 of 2005 w.e.f. 21 April 2005; s. 12 (c) of Act 17 of 2007 w.e.f. 1 September 2007.]

69. Assessment and recovery of fee

The provisions of Parts VII, VIII and IX and sections 65, 67, 68, 69, 70 and 71 of the Value Added Tax Act shall apply to the fee with such modifi- cations, adaptations and exceptions as may be necessary to bring them in conformity with this Part.

[S. 69 repealed and replaced by s. 12 (c) of Act 17 of 2007 w.e.f. 1 September 2007.]

69A. Transitional provisions

(1) —

(2) —

(3) Notwithstanding section 66 (2) and (3), the fee payable by the man- ager of a hotel, guest house or tourist residence in respect of the period 1 January 2009 to 31 December 2010, the period 1 January to 31 December 2012 or the period 1 January 2013 to 31 December 2014, shall be paid within 4 months after the end of its accounting period provided that the profit of the hotel, guest house or tourist residence, as the case may be, exceeds 5 per cent of its turnover in respect of that accounting period.

(4) For the purposes of subsection (3), “profit” means profit before tax but after deduction of the contributions in respect of environment protection fee. [S. 69A inserted by s. 12 (c) of Act 17 of 2007 w.e.f. 1 September 2007; amended by s. 4 (b)

of Act 1 of 2009 w.e.f. 1 January 2009; s. 5 of Act 37 of 2011 w.e.f. 15 December 2011; s. 7 of Act 26 of 2012 w.e.f. 22 December 2012.]

PART XI – ENFORCEMENT

70. Programme approval

(1) Where he is of opinion that a person is contravening, or is likely to contravene an environmental law, the Director may serve, or cause to be served, on him a programme notice—

(a) stating the opinion of the Director; (b) specifying the matter constituting the contravention, or the matter

making it likely that a contravention will arise, as the case may be;

(c) requesting the person to submit for his approval before a speci- fied date a written programme of measures which the person intends to take to remedy the contravention, or to eliminate the likelihood of a contravention.

(1A) Where he is satisfied that an activity or an existing structure is causing harm to the environment without contravening an environmental law, the Director may issue a programme notice to any person responsible for the activity or the existing structure.

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(2) The Director may—

(a) hold consultations with the person to determine the appropriate method of remedying the contravention or eliminating the likeli- hood of a contravention;

(b) consult a technical advisory committee or the Committee;

(c) request the person to submit such additional information, pro- posal or research study as he may deem appropriate.

(3) On approving a programme of measures, the Director shall issue or cause to be issued a programme approval stating—

(a) the notice issued under subsection (1);

(b) the measures that shall be taken to remedy the contravention or eliminate the likelihood of a contravention; and

(c) the period within which the measures shall be implemented.

(4) The Director may—

(a) supervise and issue directions in respect of the implementation of the measures contained in the programme approval;

(b) with the consent of the person, modify the programme approval;

(c) at any time, revoke a programme approval.

(5) No person shall be prosecuted for a contravention in respect of which a programme approval is in force.

(6) Where—

(a) a person fails to comply with—

(i) a request in a notice under subsection (1);

(ii) a programme approval issued under subsection (3);

(iii) any direction issued under subsection (4); or

(b) a programme approval is revoked under subsection (4),

the Director may issue or cause to be issued an enforcement notice or a pro- hibition notice.

[S. 70 amended by s. 25 of Act 6 of 2008 w.e.f. 15 July 2008.]

71. Enforcement notice

(1) Where he is of the opinion that—

(a) a person is contravening or is likely to contravene an environ- mental law; and

(b) a programme approval will not provide an effectual remedy, or a prohibition notice is not appropriate,

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the Director may cause to be served on the person an enforcement notice.

(2) An enforcement notice shall—

(a) state the opinion of the Director;

(b) specify the matter constituting the contravention, or the matter making it likely that the contravention will arise, as the case may be;

(c) specify the measures that shall be taken to remedy the contra- vention, or to remedy or eliminate the matter making it likely that the contravention will arise, as the case may be; and

(d) specify a period within which those measures shall be imple- mented.

(3) No person shall be prosecuted for a contravention in respect of which an enforcement notice was issued as long as the notice is in force.

(4) Any person who fails to comply with an enforcement notice shall commit an offence.

72. Prohibition notice

(1) Where he is of the opinion that an enterprise or activity, or the man- ner in which the enterprise or activity is carried on, involves a serious pollu- tion or an imminent risk of serious pollution of the environment, the Director may serve, or cause to be served, a prohibition notice on the person owning, or managing, or in charge of, or in control of the enterprise or activity.

(2) A prohibition notice may be served whether or not—

(a) the enterprise or activity, or the manner in which the enterprise or activity is carried on, constitutes a contravention of an envi- ronmental law;

(b) there is in force in relation to that enterprise or activity, a li- cence, permit or approval issued under any environmental law or any other enactment;

(c) there is before any Court of law or before a Judge sitting in Chambers any case involving the subject matter in relation to which a notice is being issued, unless the Court or Judge has is- sued an order preventing the Director from issuing the prohibi- tion notice.

(3) A prohibition notice shall—

(a) state the Director’s opinion;

(b) specify the serious pollution caused, or the risk of serious pollu- tion involved, as well as the way in which the enterprise, activ- ity, or the manner in which the enterprise or activity is carried on, is suspected to give rise to the risk;

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(c) specify the measures that shall be taken to eliminate the serious pollution caused, or the risk of pollution, and the period within which they shall be implemented;

(d) specify— (i) the enterprise or activity, or any aspect of the enterprise or

activity, that is prohibited from operation or performance; or

(ii) any conditions subject to which the enterprise or activity may be resumed.

(4) A prohibition notice shall not be a bar to prosecution for any offence, even if there are consultations with the person served with the notice.

(5) Any person who fails to comply with a prohibition notice shall commit an offence.

73. Stop order

(1) Where a person commences or carries on any development or activity without the relevant licence or permit issued under this Act, the Director may cause to be served, on that person, or any person responsible for the giving of instructions for the carrying out of such development or activity, a stop order prohibiting the development or the activity.

(2) Any person who fails to comply with a stop order issued under sub- section (1) shall commit an offence.

[S. 73 amended by s. 26 of Act 6 of 2008 w.e.f. 15 July 2008.]

74. General provisions on notices

In sections 75 to 78—

“notice” means an enforcement notice, a stop order or a prohibition notice, as the case may be;

“person affected” means a person on whom a notice is served, or is proposed to be served.

75. Consultation on notices

(1) Before or at any time after issuing a notice, the Director shall, as far as he deems practicable, consult—

(a) the person affected;

(b) the Committee.

(2) The Director may consult a technical advisory committee, or any pub- lic department, on a notice.

76. Variation notice

(1) Any person affected by a notice may apply to the Director for an amendment of a notice.

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(2) The Director, on his own initiative, or on application, may amend a notice by causing to be served on the person affected a variation notice.

(3) A variation notice shall—

(a) refer to the notice which is amended;

(b) specify the amendment to the notice;

(c) where necessary, vary the date specified in the notice.

(4) A variation notice shall supersede the notice to which it refers to the extent of the amendment.

77. Service of notice

(1) A notice issued under this Act shall be served—

(a) personally on the person affected, or in the case of a body cor- porate, at its registered address; or

(b) by registered post sent to, or by leaving a copy at, the last known address of the person affected.

(2) Where service could not be effected by the means referred to in sub- section (1), the service shall be effected by affixing a copy of the notice at the place—

(a) of the undertaking which is the subject matter of the notice;

(b) where a contravention is being committed, or has been commit- ted, or is suspected to have been committed; or

(c) where a pollution has been or is occurring, or is likely to occur.

(3) A certificate of an authorised officer or any other officer of the De- partment as to service under subsection (1) shall be prima facie evidence of effective service of the notice on the person affected.

78. Revocation of notices

(1) Where he is satisfied that—

(a) (i) the measures required to be taken in a notice have been implemented; and

(ii) there exists no further pollution, or risk of pollution, to the environment caused by the enterprise, activity or the man- ner in which the enterprise or activity is carried on; or

(b) the notice is not, or will not, be effectual, the Director may revoke a notice and shall inform the person affected in writing.

(2) The Director may—

(a) when revoking any notice, serve a programme notice;

(b) when revoking an enforcement notice, serve a prohibition notice;

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(c) when revoking a prohibition notice, serve a programme notice or enforcement notice.

79. Powers of entry

(1) An authorised officer may, at any time, enter any premises other than a dwelling house, for the purposes of— (a) carrying out any lawful direction given by any enforcing agency,

or the Director, under this Act; (b) determining whether any environmental law or any programme

approval, any enforcement notice, prohibition notice, or any di- rection, is being complied with;

(c) discharging any other functions under an environmental law.

(2) An authorised officer shall not enter a dwelling house unless— (a) he has given to the owner or occupier of the house 24 hours’

notice in writing of his proposed entry; and (b) he has obtained the consent of the owner or occupier of the house.

(3) An authorised officer may, on entering any premises— (a) require the owner to produce any record, document or licence; (b) examine any such record, document or licence, and take copies

or extracts therefrom; (c) make any plan, take any photograph and carry out any inspection; (d) make any test, take any measurement and sample, inspect any

plant, machinery, equipment or vehicle; (e) require the owner of the premises entered upon, or any person

employed by him, or any other person on the premises, to give to the authorised officer all reasonable assistance and to answer all reasonable questions either orally or in writing.

(4) For the purposes of carrying out his duties under this section, the authorised officer may bring with him any person or equipment he considers necessary.

80. Entry and arrest without warrant

Where— (a) there is, or has been, a contravention of an environmental law; (b) there is reasonable suspicion that a contravention of an envi-

ronmental law has been, or is likely to be, committed; (c) an environmental emergency is declared; (d) a spill occurs, or is reasonably suspected to have occurred, or is

likely to occur; (e) in his opinion, there is a serious pollution, or an imminent risk of

serious pollution, of the environment,

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an authorised officer may, at any time, without warrant—

(i) enter and search premises, other than a dwelling house;

(ii) secure any article, object, equipment, plant, machinery related to the contravention, or suspected to be a cause of spill or pollution to the environment;

(iii) secure any document, file, or record reasonably required for the investigation or for the prevention of the contravention;

(iiiA) require any person suspected of having committed an offence to produce satisfactory proof of his identity and address;

(iv) arrest any person reasonably suspected of having committed or being likely to commit the contravention whose name and ad- dress cannot be immediately ascertained, and detain him until his identity and address are known;

(v) exercise any of the powers conferred under section 79 (3). [S. 80 amended by s. 27 of Act 6 of 2008 w.e.f. 15 July 2008.]

81. Entry of a dwelling house

(1) A Magistrate may, upon being satisfied that the authorised officer should exercise the powers and duties conferred upon him under sections 79 or 80 in respect of a dwelling house, issue a warrant authorising the author- ised officer to exercise those powers.

(2) A warrant issued under subsection (1) shall be valid for the period stated in the warrant.

82. Authorised officer to produce authority

(1) When exercising his duties under section 79, 80 or 81, the authorised officer, other than a police officer, must—

(a) hold a card signed by the Director showing his authority;

(b) produce that card, upon request, to any affected person.

(2) A police officer shall produce his warrant card as proof of his authority.

83. Obstruction of an authorised officer

Any person who in relation to the exercise of powers conferred by sec- tions 79, 80 and 81—

(a) refuses to allow an authorised officer to enter any premises or to take any person or equipment with him in the exercise of his powers;

(b) obstructs or impedes an authorised officer in the exercise of any of his powers;

(c) fails to provide assistance or information requested by the authorised officer;

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(d) gives to an authorised officer any information which is false or misleading,

shall commit an offence.

84. Compliance monitoring

(1) The Director may, after consultation with the Committee, in relation to any activity, enterprise, or undertaking, carry out, cause to be carried out, or arrange for monitoring of environmental quality, and the nature, extent and effects of discharges of pollutants, as the Director may consider neces- sary for ensuring compliance with an environmental law.

(2) The Director may, require a person responsible for an activity, enter- prise, or undertaking from which there is a discharge of a pollutant into the environment, to— (a) carry out such monitoring of the nature, extent and effect of the

discharge and of the quality of any environmental medium likely to be affected by the discharge; and

(b) keep and supply to him records of the monitoring and provide such other information as the Director considers necessary.

(3) Any person who fails to comply with a requirement under subsec- tion (2) shall commit an offence.

[S. 84 amended by s. 28 of Act 6 of 2008 w.e.f. 15 July 2008.]

85. Offences

(1) Any person who— (a) fails to comply with any requirement, notice, order or direction

issued, or condition imposed, under an environmental law; (b) on being required to submit a report, or to provide information

under this Act— (i) fails to do so within the specified date; or (ii) submits a false report or submits a report misleading in any

material particular; or (iii) provides false or misleading information; (c) fails to acknowledge or evades service of any notice, order or

direction issued under this Act, or any regulations made under this Act;

(d) otherwise contravenes an environmental law, shall commit an offence, and unless it is otherwise specifically provided, shall— (i) on a first conviction, be liable to a fine not exceeding 50,000

rupees and to imprisonment for a term not exceeding 2 years; (ii) on a second or subsequent conviction, be liable to a fine not ex-

ceeding 100,000 rupees and to imprisonment for a term not ex- ceeding 8 years.

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(2) Any person who commits an offence under section 15 (8), 25 (3) (a), 52 (3), 56 (6), 71 (4), 72 (5) or 73 (2) shall—

(a) on a first conviction, be liable to a fine which shall be not less than 50,000 rupees and not more than 100,000 rupees and to imprisonment for a term not exceeding 4 years;

(b) on a second or subsequent conviction, be liable to a fine which shall not be less than 100,000 rupees and to not more than 500,000 rupees and to imprisonment for a term not less than 6 years and not exceeding 12 years.

(3) Any person who commits an offence under section 23 (9), 24 (4), 26 (5) or 84 (3), shall—

(a) on a first conviction, be liable to a fine which shall be not less than 10,000 rupees and not more than 25,000 rupees and to imprisonment for a term not exceeding 4 years;

(b) on a second or subsequent conviction, be liable to a fine which shall not be less than 50,000 rupees and not more than 250,000 rupees and to imprisonment for a term not less than 6 years and not more than 8 years. [S. 85 amended by s. 29 of Act 6 of 2008 w.e.f. 15 July 2008.]

86. Powers of Court

(1) In addition to any penalty under section 85, the Court may—

(a) order the forfeiture of any object, machine, plant, vehicle or any article used in, or connected in any way, with the commission of an offence;

(b) order, or prohibit, the doing of any act to stop a continuing contravention.

(2) Where the conviction relates to an enforcement notice, a prohibition notice, an order or direction, the Court shall order compliance with the no- tice, order or direction within such period as the Court may determine.

(3) Where the conviction relates to section 15 (2), the Court shall make an order that the undertaking be stopped, ceased, closed or pulled down, as the case may be.

87. Prosecution and jurisdiction

(1) An authorised officer may swear an information and conduct prosecu- tion in respect of an offence under an environmental law before a Magistrate.

(2) Notwithstanding—

(a) section 114 of the Courts Act; and

(b) section 72 of the District and Intermediate Courts (Criminal Ju- risdiction) Act,

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a Magistrate shall have jurisdiction to try all offences under an environmental law and may impose any penalty and exercise all the ancillary powers pro- vided under the enactment.

(3) The following enactments shall not apply to a sentence provided un- der an environmental law— (a) sections 152 and 153 of the Criminal Procedure Act; (b) the Probation of Offenders Act.

88. Fixed penalties

(1) Notwithstanding any other enactment, where a person commits an offence specified in the Ninth Schedule, the authorised officer who detects the offence may, as soon as is reasonably practicable, and not later than 14 days of the commission of the offence, serve on that person a notice in the form set out in the Tenth Schedule calling upon him to pay in respect of the offence the fixed penalty provided in the Ninth Schedule.

(2) A notice under subsection (1) shall— (a) be in such form as may be prescribed; (b) be drawn in quadruplicate; and (c) specify— (i) the name and address of the person committing the offence; (ii) the time and place of the offence; (iii) the nature of the offence; (iv) the fixed penalty provided for the offence; (v) the time within which the fixed penalty is to be paid; (vi) the Court or Tribunal where the fixed penalty is payable; (vii) the name and identification number of the authorised offi-

cer who detected the offence.

(3) The authorised officer who detects the offence shall— (a) cause the original of the notice to be served on the offender; (b) forward one copy to the enforcing agency and another to the

appropriate Court or Tribunal; and (c) retain one copy.

(4) Every person who is served with a notice under subsection (1) shall, within 20 days of the service and upon production of the notice, pay the fixed penalty in the prescribed manner at the appropriate Court or Tribunal.

(5) Where a person who has been served with a notice under subsec- tion (1) fails to pay the fixed penalty within the time limit mentioned in the notice and criminal proceedings are instituted against him for the offence in respect of which he was served with the notice, he shall be liable, on convic- tion, to a fine which shall not be less than thrice the fixed penalty.

[S. 88 amended by s. 30 of Act 6 of 2008 w.e.f. 15 July 2008.]

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89. Eyesores

(1) An authorised officer may serve an eyesore abatement notice on the owner or occupier of any land, building or structure on which any eyesore specified in the Eleventh Schedule is detected.

(2) An eyesore abatement notice shall be in the form set out in the Twelfth Schedule and may be served on the owner or occupier of the land, building or structure, be personal service or by registered post with a request for an accusé dé réception.

(3) (a) Any person to whom an eyesore abatement notice is served shall abate the violation mentioned in it within the period specified in the notice, which shall not be less than 2 days nor more than 30 days from the day the notice is served or, in the case of service by post, is deemed to have been received by the person.

(b) Any person who fails to comply with the notice shall commit an offence.

(4) Where the name or address of the owner or occupier of any land, building or structure on which an eyesore is detected cannot be ascertained, the Director may authorise in writing the relevant enforcing agency or an authorised officer to enter the land, building or structure and cause the eye- sore to be removed and the expenses incurred may be disbursed from the Fund.

(5) Where the name or address of the owner or occupier of any land, building or structure from which an eyesore has been removed under subsec- tion (4) is later ascertained, the amount disbursed in the removal of the eye- sore may, within a period of 10 years of the removal, be recovered by the Director from the said owner or occupier and any amount so recovered, in- cluding interest and costs, shall be credited to the Fund.

[S. 89 repealed and replaced by s. 31 of Act 6 of 2008 w.e.f. 15 July 2008.]

PART XII – APPLICATION OF ACT TO RODRIGUES (Part XII came into operation on 18 November 2002.)

90. Rodrigues Environment Committee

(1) There shall be for the purposes of this Act a Rodrigues Environment Committee which shall consist of—

(a) the Chief Commissioner, as Chairperson;

(b) the Island Chief Executive, as Vice-Chairperson;

(c) a representative of the Ministry responsible for the subject of environment;

(d) the public officer responsible for the following areas of responsi- bility—

(i) agriculture; (ii) education;

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(iii) environment; (iv) fisheries; (v) health; and (vi) tourism;

(e) 2 representatives of non-governmental organisations designated by the Chief Commissioner;

(f) a representative of the Police de l’Environnement in Rodrigues;

(g) 2 other persons designated by the Chief Commissioner; and

(h) a Secretary with no voting right, appointed by the Chief Commissioner.

(2) The Rodrigues Environment Committee shall— (a) develop such administrative measures as are necessary to ensure

prompt and effective consultation on matters relating to environ- ment protection and management in the Island of Rodrigues;

(b) make recommendations to the Rodrigues Regional Assembly on matters relating to environment protection and management on the Island of Rodrigues, including control measures and means of enforcement of environmental laws;

(c) devise such educational programmes as it thinks fit in respect of environment protection and management on the Island of Rodrigues.

(3) The Rodrigues Environment Committee shall— (a) regulate its meetings and proceedings as it thinks fit; (b) meet as often as is necessary at the request of the Chairperson,

but in any case at least once every month; (c) co-opt any person likely to assist it as member, but who shall

have no right to vote.

(4) The quorum of the Rodrigues Environment Committee shall be 6. [S. 90 amended by s. 33 (1) of Act 6 of 2008 w.e.f. 15 July 2008.]

(S. 90 came into operation on 18 November 2002.)

91. Powers of Island Chief Executive

(1) Notwithstanding any provision of this Act to the contrary, the Island Chief Executive shall exercise all the powers of the Director in the enforce- ment of environmental laws on the Island of Rodrigues, and shall, for that purpose in relation to the Island, issue any of the notices and orders referred to in Part XI.

(2) The Island Chief Executive shall, in relation to the Island of Rodrigues—

(a) supervise the enforcement of national environmental standards and notices, orders and directions issued under an environmental law;

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(b) verify compliance with environmental laws;

(c) conduct such regular monitoring, sampling, test and analyses as to ensure compliance with environmental laws;

(d) provide such assistance as may be required for reviewing an EIA relating to an undertaking in Rodrigues, and in case of spill or of an environmental emergency.

(3) The Rodrigues Environment Committee shall establish a Rodrigues Environment Unit which shall consist of the public officers sitting on the Committee for the purpose of assisting the Island Chief Executive in the dis- charge of his duties under subsection (2).

(4) The officers of the Rodrigues Environment Unit shall have all the powers of an authorised officer under this Act in respect of the Island of Rodrigues.

(S. 91 came into operation on 18 November 2002.)

92. Regulations for Rodrigues

(1) Subject to subsection (3) and notwithstanding section 96 (2) (d), the Rodrigues Regional Assembly may, after consultation with the Rodrigues Envi- ronment Committee, make regulations applicable to the Island of Rodrigues.

(2) Regulations made under subsection (1) may provide—

(a) for the issue, amendment and revocation of licences;

(b) for the taking of fees and the levy of charges;

(c) that any person who contravenes them shall commit an offence and shall, on conviction, be liable to a fine not exceeding 250,000 rupees and to imprisonment for a term not exceeding 10 years;

(d) for categories of undertakings, projects or activities on the Island of Rodrigues requiring—

(i) a preliminary environmental report;

(ii) an EIA licence;

(e) for any matter relating to the protection and management of the environment on the Island of Rodrigues.

(3) Nothing in this section is to be taken as empowering the Rodrigues Regional Assembly to make regulations for—

(a) the processing, approval and revocation of approvals in respect of preliminary environmental reports and EIA licences;

(b) establishing environmental standards. (S. 92 came into operation on 18 November 2002.)

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PART XIII – MISCELLANEOUS PROVISIONS

93. Protection from liability

(1) No civil or criminal liability shall attach to the Minister, the Director, the Island Chief Executive, the Police de l’Environnement, or to any author- ised officer in respect of any act done in good faith in the execution or pur- ported execution of their duties or their powers under this Act.

(2) The Director and the authorised officers shall be public officers for the purposes of the Public Officers’ Protection Act and the Criminal Code.

(3) Subsection (1) shall be in addition to and not in derogation from the Public Officers’ Protection Act.

94. Disclosure of information

Where the Director or any other officer of the Department, or any person appointed on a committee or any other person discharging any function or duty under this Act, discloses otherwise than in the performance of his duty, any information relating to any trade secret used in carrying on a particular undertaking, and the information has been given to him or obtained by him by virtue of this Act, he shall commit an offence.

95. Code of practice

(1) The Minister may, after consultation with the Committee, cause to be published in the Gazette codes of practice for the purpose of providing prac- tical guidance with respect to appropriate pollution control technology, and generally with respect to the protection of the environment.

(2) The Minister may, for the preparation of a code of practice, consult a technical advisory committee or any person he thinks fit.

96. Regulations

(1) The Minister may, for the purposes of this Act, make such regulations as he thinks fit.

(2) Any regulations made under subsection (1) may provide—

(a) subject to this Act, for the amendment of a Schedule;

(b) for the issue, amendment and revocation of a licence;

(c) for the taking of fees and the levying of charges;

(d) for the implementation or enforcement of an obligation under an MEA;

(e) for issuing policy and environmental guidance or standards for an activity that may have an adverse effect on the environment;

(f) for the exemption from standards for noise under section 41 in relation to events or celebrations organised, sponsored or ap- proved by the State;

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(g) in relation to sustainable consumption and production, for—

(i) the introduction of eco-labelling schemes for products;

(ii) carrying out cleaner production opportunity assessments in industry; or

(iii) the introduction of producer and importer responsibility;

(h) for restrictions on the affixing of posters or the type of material used for advertising, including the advertising of the colours of any group or organisation, in public places; and

(i) that any person who contravenes them shall commit an offence and shall, on conviction, be liable to a fine not exceeding 250,000 rupees and to imprisonment for a term not exceeding 10 years.

[S. 96 repealed and replaced by s. 32 of Act 6 of 2008 w.e.f. 15 July 2008.]

97. – 98. —

99. Consequential amendments

(1) – (Subsec. (1) came into operation on 1 December 2003.)

(2) The Central Water Authority Act is amended—

(a) in section 2, by deleting the definition of “polluted water”; (Para. (a) not in operation.)

(b) — (Para. (b) came into operation on 1 December 2003.)

(c) by deleting section 21 (k); (Para. (c) not in operation.)

(d) by deleting section 42 and replacing it by the following section—

The Authority shall not be responsible for any damage resulting from the irregularity and insufficiency of supply of water for whatever purposes

(Para. (d) not in operation.)

(e) by deleting section 46A. (Para. (e) not in operation.)

(3) – (4) — (Subsec. (3) and (4) came into operation on 1 December 2003.)

(5) The Ground Water Act is amended in section 4, by deleting subsec- tion (2) and by renumbering the existing subsection (3) as subsection (2).

(Subsec. 5 not in operation.)

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(6) The Local Government Act is amended—

(a) in section 2, by inserting in their appropriate places the following definitions—

“disposal”, in relation to waste, includes the sorting, carriage, transportation, treatment, storage and tipping above or under ground, and the transformation operations necessary for its re- covery, re-use or recycling;

“disposal site” means a disposal site designated under sec- tion 156A (8);

“Environment Coordination Committee” means the Environment Coordination Committee established under the Environment Pro- tection Act 2002;

“waste” means solid waste other than hazardous waste, clinical waste and pharmaceutical waste;

(b) in section 51 (1), by deleting paragraph (b) and replacing it by the following paragraph—

(b) subject to any regulations under section 156 A (5), the collection and removal of waste to disposal sites;

(c) by inserting immediately after section 156 the following new Part, and renumbering the existing PART X as PART XI—

PART X

156A. Control of waste

(1) The Permanent Secretary shall make arrangements for—

(a) the collection and disposal of waste;

(b) the operation and management of disposal sites.

(2) In making arrangements under subsection (1), the Per- manent Secretary shall—

(a) comply with such standards and code of practice issued under the Environment Protection Act;

(b) consult the Environment Coordination Committee.

(3) The Minister may make regulations to give effect to the arrangements made.

(4) The regulations may provide for—

(a) the issue, amendment and revocation of licences;

(b) the taking of fees and the levy of charges;

(c) the removal of waste unlawfully deposited and the recovery of expenses incurred for the removal;

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(d) any matter relating to enforcement, including the issue of enforcement notices, powers of entry, search and arrest, and the seizure of any vehicle, object or thing used in the commission of an of- fence under the regulations.

(5) The regulations may—

(a) make different provisions for different categories of waste, and for different disposal sites;

(b) provide that a person who contravenes them shall commit an offence, and shall on conviction be liable to a fine not exceeding 25,000 rupees, and to a term of imprisonment not exceeding 5 years;

(c) provide that, in addition to the punishment under paragraph (b), the Court may order the forfeiture of any vehicle, object or thing used in the com- mission of the offence.

(6) Subject to any requirements imposed under the Envi- ronment Protection Act, the Minister may by notice in the Ga- zette designate a disposal site.

(7) Notwithstanding section 114 of the Courts Act, and section 72 of the District and Intermediate Courts (Criminal Ju- risdiction) Act, a Magistrate shall have jurisdiction to try all of- fences under this section and under any regulations made under this section.

(Subsec. (6) not in operation.)

(7) – (9) —

(Subsec. (7) to (9) came into operation on 1 December 2003.)

(10) The Rivers and Canals Act is amended—

(a) in section 26, by deleting subsection (2) and renumbering the subsection (3) as subsection (2);

(b) in section 68, by deleting paragraphs (c), (i) and (j);

(c) by repealing sections 70, 87, 88 and 91.

(Subsec. (10) not in operation.)

(11) – (12) —

(Subsec. (11) and (12) came into operation on 1 December 2003.]

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(13) The Town and Country Planning Act 1990 is amended— (a) in section 2, by inserting in their appropriate places the following

definitions— “EIA licence” has the meaning assigned to it in the Environ- ment Protection Act; “preliminary environment report” has the meaning assigned to it in the Environment Protection Act; “undertaking” has the meaning assigned to it in the Environ- ment Protection Act;

(b) in section 12— (i) by inserting after paragraph (a) the following paragraph— (b) the provisions of Part IV of the Environment Protec-

tion Act and any standards issued under that Act; (ii) by renumbering the existing paragraphs (b) to (e) as para-

graphs (c) to (f) accordingly; (c) in section 13, by deleting the expression “A development order”

where it first occurs, and replacing it by the following words— “Subject to section 14 A, a development order”; (d) by adding after section 14 the following section— 14A. Permit for undertaking No permit for development shall be granted in respect of an

undertaking, unless there is in relation to it an approved prelimi- nary environment report or an EIA licence.

(Subsec. (13) not in operation.)

100. Commencement

(1) Subject to subsection (2), this Act shall come into force on a date to be fixed by Proclamation.

(2) Different dates may be fixed for the coming into operation of different sections of the Act.

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FIRST SCHEDULE [Section 5 (2)]

Ministers who are assigned responsibility for the following subjects— 1. agriculture 2. commerce 3. economic development 4. education 5. environment 6. finance 7. fisheries 8. foreign affairs 9. health

10. housing and lands 11. industry 12. justice 13. labour and industrial relations 14. local government 15. public infrastructure 16. public utilities 17. rodrigues 18. shipping 19. tourism 20. transport 21. women’s rights, child development and family welfare 22. youth and sports.

[First Sch., formerly Second Sch., renamed by s. 34 of Act 6 of 2008 w.e.f. 15 July 2008.]

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SECOND SCHEDULE [Section 10 (2)]

NATIONAL NETWORK FOR SUSTAINABLE DEVELOPMENT

1. The Prime Minister’s Office

2. The Ministry responsible for the subject of environment

3. The Ministry responsible for the subject of finance

4. The Ministry responsible for the subject of economic development

5. The Ministry responsible for the subject of public utilities

6. The Ministry responsible for the subject of industry

7. The Ministry responsible for the subject of commerce

8. The Ministry responsible for the subject of local government

9. The Ministry responsible for the subject of health

10. The Ministry responsible for the subject of fisheries

11. The Ministry responsible for the subject of agriculture

12. The Ministry responsible for the subject of labour and industrial relations

12A. The Ministry responsible for the subject of housing and lands

12B. The Ministry responsible for the subject of tourism

12C. The Ministry responsible for the subject of land transport

12D. The Ministry responsible for the subject of education

13. The Rodrigues Regional Assembly

14. The Police Force

15. The Meteorological Services

16. The Joint Economic Council

17. Every Municipal Council and every District Council

18. The Mauritius Employers’ Federation

19. The Export Processing Zone Development Authority (EPZDA)

20. The Mauritius Export Processing Zone Authority (MEPZA)

21. The Mauritius Sugar Industry Research Institute (MSIRI)

22. The Institution of Engineers, Mauritius

23. The Mauritius Association of Architects

24. The Media Trust

25. The University of Mauritius

26. A trade union designated in such manner as may be determined by the Minister

[Second Sch., formerly Third Sch., renamed by s. 34 and amended by s. 35 of Act 6 of 2008 w.e.f. 15 July 2008.]

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THIRD SCHEDULE [Section 12A]

Attorney General’s Office

Mauritius Oceanographic Institute

Mauritius Ports Authority

Meteorological Services

Ministry responsible for the subject of agriculture

Ministry responsible for the subject of economic development

Ministry responsible for the subject of environment

Ministry responsible for the subject of finance

Ministry responsible for the subject of fisheries

Ministry responsible for the subject of foreign affairs

Ministry responsible for the subject of health

Ministry responsible for the subject of local government

Ministry responsible for the subject of public utilities

Ministry responsible for the subject of shipping

Prime Minister’s Office [Third Sch. inserted by s. 34 (2) of Act 6 of 2008 w.e.f. 15 July 2008.]

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FOURTH SCHEDULE [Section 13 (1)]

ENFORCING AGENCIES

1. In this Schedule—

“functions” includes duties and powers conferred by this Act;

“inland waters”— (a) includes— (i) any river, watercourse, stream, lake, pond; (ii) ground waters, water in a well, borehole or any passage or adit

constructed in connection with a well or borehole; (iii) effluents other than those containing hazardous substances; (b) does not include— (i) waters in the coastal and maritime zone except effluents dis-

charged in the coastal zone; (ii) water supplied for drinking and domestic purposes;

“Permanent Secretary” includes, where appropriate, the Senior Chief Ex- ecutive of that Ministry;

“port” means the port named “Port Louis” and delimited in the manner de- scribed in the second column of the Schedule to the Ports Act;

“Port Master” has the meaning assigned to it in the Ports Act;

“record” means a record of inspections, compliance monitoring exercises and information and environmental data obtained as result of such monitoring;

“relevant enforcing agency” means the enforcing agency designated in re- spect of a medium, or the aspects of a medium, or a pollutant specified in paragraph 2;

“sphere of responsibility” means the functions exercisable by an enforcing agency over the medium, or the aspects of a medium, or the pollutant speci- fied in paragraph 3;

“zone” has the meaning assigned to it by section 2 of the Act.

2. (1) Subject to subparagraph (2), the enforcing agencies shall be— (a) in relation to noise, quality control of drinking water, and odour, the

Permanent Secretary of the Ministry responsible for the subject of health;

(b) in relation to inland waters, the Permanent Secretary of the Ministry responsible for the subject of water resources;

(c) in relation to effluents, the Permanent Secretary of the Ministry re- sponsible for the subject of waste water;

(d) in relation to solid wastes and hazardous wastes, the Permanent Sec- retary of the Ministry responsible for the subject of local government;

(e) in relation to pesticide residue, soil and compost, the Permanent Sec- retary of the Ministry responsible for the subject of agriculture;

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(ea) in relation to the enforcement of an environmental law within its ad- ministrative area, the local authority;

(f) in relation to waters in the zone, other than waters in the port, the Permanent Secretary of the Ministry responsible for the subject of fisheries and marine resources; and

(g) in relation to waters in the port, the Port Master.

(2) The Director of the Department shall be an enforcing agency and—

(a) may exercise his functions as an enforcing agency in respect of any medium, aspect of medium or pollutant specified in subparagraph (1);

(b) shall, where no enforcing agency is specifically designated in relation to any medium, aspect of medium or pollutant, exercise his functions in relation to that medium, aspect of medium or pollutant.

3. An enforcing agency shall, in respect of its sphere of responsibility—

(a) supervise enforcement of national environmental standards and no- tices, orders and directives issued under an environmental law;

(b) verify compliance with environment laws;

(c) conduct such regular monitoring, sampling, test and analyses as to ensure compliance with environmental laws;

(d) provide such assistance as may be required for reviewing an EIA, and in case of a spill or of an environmental emergency;

(e) carry out directions issued by the Minister.

4. (1) An enforcing agency shall have all the powers conferred on the Director by sections 70, 71, 73, 75 (1), 76 and 78 of the Act to issue and to revoke any notice other than a prohibition notice.

(2) For the purpose of subparagraph (1), reference to the Director in sec- tions 70, 71, 73, 75 (1), 76 and 78 shall be read as if reference is made to the Director or an enforcing agency.

(3) An enforcing agency shall—

(a) have all the powers conferred on an authorised officer under sec- tions 79, 80, 81, 88 and 89, and may delegate in writing its powers to any officer of the Ministry, authority, corporate body or Depart- ment, as the case may be;

(b) make available to other enforcing agencies and to the Department all facilities required for carrying out any environmental monitoring, labo- ratory analyses and tests;

(c) keep a record of all inspections and compliance monitoring exercises and information and environmental data obtained as a result of such monitoring;

(d) at his request, provide the Director with a copy of the record.

5. An enforcing agency shall report, as soon as is practicable, to the Director, through its environment liaison officer, any contravention of an environmental law relating to its sphere of responsibility and report on any activity undertaken under section 84.

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6. Where an enforcing agency suspects, or detects any contravention of an en- vironmental law, beyond its sphere of responsibility, it shall forthwith inform the Director and the relevant enforcing agency.

[Fourth Sch. amended by s. 36 of Act 6 of 2008 w.e.f. 15 July 2008.]

FIFTH SCHEDULE [Sections 15 (2), 16 (1), 17 (1) and (2), 18 (1) and 28]

PART A

LIST OF UNDERTAKINGS REQUIRING A PRELIMINARY ENVIRONMENTAL REPORT

1. Construction of helipads

2. Coral crushing and processing

3. Creation of bathing areas by mechanical means

4. Depot for 50 buses or more

5. Discotheque or night-club

6. Food processing industry, excluding small and medium enterprises

7. Foundry, smelting plant or metallurgical work

8. Galvanising industry

9. Industrial-scale laundry and dry-cleaning within one kilometre of high water mark

10. Land reclamation and backfilling

11. Manufacture of animal feed

12. Manufacture of ceramics

13. Manufacture of paint, pigment and varnish

14. Manufacture of photographic films

15. Manufacture of plastics and plastic products

16. Manufacture of rubber products

17. Mechanical removal of marine flora such as sea grasses and marine algae

18. Parcelling out of land above 5 hectares for agricultural purposes, where the parcelling involves infrastructure work

19. Quarantine station for livestock

Revised Laws of Mauritius

E12 – 67 [Issue 3]

FIFTH SCHEDULE, PART A—continued

20. Ready-mix concrete plant

21. Rearing of livestock including cattle, goat, pig and sheep

22. Rearing of poultry above 5000 heads

23. Recycling plant

24. Rendering plant

25. Sawmill

26. Slaughter house

27. Textile industry associated with washing, bleaching and printing

28. Timber treatment plant

PART B LIST OF UNDERTAKINGS REQUIRING AN ENVIRONMENTAL IMPACT

ASSESSMENT

1. Asphalt plant, other than an asphalt plant set up temporarily for the purposes of a project by a public department

2. Assembly of motor vehicles

3. Block making plant manufacturing above 10,000 blocks per day

4. Bulk processing, storage and handling of petroleum products, liquefied gas, coal and petro-chemical products

5. Clinic and hospital, including animal hospital

6. Construction of airports and runways

7. Construction of breakwaters, groins, jetties, revêtements and seawalls

8. Construction of dam and dyke

9. Construction of marinas

10. Conversion of forest land to any other land use

11. Creation of, and/or development on, barachois

12. Desalination plant

13. Distillery

14. Dyehouse

14A. Fish farm in the fish farming zones under section 8A of the Fisheries and Marine Resources Act

15. Fishing port

Environment Protection Act

[Issue 3] E12 – 68

FIFTH SCHEDULE, PART B—continued

16. Golf course

17. Harbour dredging operation, construction and development

18. Highway and mass transit system

19. Hotel or Integrated Resort Scheme, including extension, with first boundary within one kilometre of high water mark

20. Housing project and apartments above 50 units within one kilometre of high water mark

21. Incineration of municipal solid waste, quarantine waste, medical and clinical wastes

22. Industrial manufacture of beer, wine and spirit

23. Lagoon dredging and reprofiling of sea-beds

24. Land clearing and development, including installation of high tension lines in environmentally sensitive areas such as water catchment areas, waterlogged areas, wetlands, mountain slopes and islets

25. Landfill

26. Manufacture of batteries

27. Manufacture of dangerous chemicals, chemical fertilizers and pesticides

28. Manufacture of lime

29. Manufacture and packing of cement

30. Manufacture of pharmaceutical products

31. Modification of existing coastline such as beach reprofiling, coastal protec- tion works and removal of basaltic and beach rock

32. Municipal wastewater treatment plant

33. Offshore sand mining

34. Parcelling out of land above 5 hectares— (a) otherwise than by way of division in kind among heirs; (b) to be allocated to persons other than such persons as may be ap-

proved by the Minister to whom responsibility for the subject of agri- culture is assigned and who are—

(i) bona fide occupiers of housing units forming part of sugar es- tate camps owned by sugar millers or sugarcane planters;

(ii) bona fide occupiers of housing units forming part of tea estate camps;

(iii) workers affected by the closure of a sugar factory; or (iv) workers opting for the Voluntary Retirement Scheme.

Revised Laws of Mauritius

E12 – 69 [Issue 3]

FIFTH SCHEDULE, PART B—continued

35. Petroleum refinery

36. Power generating plants

37. Pulp and paper manufacture

38. Rearing of monkeys

39. Rock quarrying

40. Sea outfall

41. Shipyard and dry dock

42. Stone crushing plant, other than a stone crushing plant set up temporarily for the purposes of a project by a public department

43. Sugar factory or refinery

44. Tannery and leather finishing

45. Transfer station for solid waste

46. Used or waste oil treatment and disposal [Fifth Sch., formerly First Sch., amended by s. 28 of Act 8 of 2003 w.e.f. 21 August 2004;

repealed and replaced by GN 142 of 2006 w.e.f. 1 October 2006; renamed by s. 34 of Act 6 of 2008 w.e.f. 15 July 2008; amended by s. 8 of Act 18 of 2008 w.e.f 19 July 2008; GN 73 of

2010 w.e.f. 25 March 2010.]



SIXTH SCHEDULE [Sections 22 and 28A]

EIA COMMITTEE

1. Agriculture

2. Fisheries and Marine Resources

3. Health

4. Housing and Lands

5. Industry

6. Local Government

7. Public Infrastructure

8. Water Resources

9. Waste Water [Sixth Sch. amended by ss. 34 and 37 of Act 6 of 2008 w.e.f. 15 July 2008.]



Environment Protection Act

[Issue 3] E12 – 70

SEVENTH SCHEDULE [Section 50 (1)]

ICZM COMMITTEE

1. The Ministry responsible for the subject of environment

2. The Ministry responsible for the subject of local government

3. The Ministry responsible for the subject of fisheries

4. The Ministry responsible for the subject of marine resources

5. The Ministry responsible for the subject of housing and lands

6. The Ministry responsible for the subject of shipping and port development

7. The Ministry responsible for the subject of tourism

8. The Ministry responsible for the subject of agriculture

9. The Ministry responsible for the subject of water resources

10. The Island Chief Executive or his representative

11. Every Municipal Council and every District Council

12. The National Coast Guard

13. The Police Force

14. The Waste Water Authority

15. Mauritius Ports Authority

16. The Meteorological Services

17. The University of Mauritius

18. The Mauritius Oceanography Institute

19. The Association des Hôteliers et Restaurateurs, Ile Maurice (AHRIM)

20. The Beach Authority

21. The Police de l’Environnement

22. The Central Water Authority



Revised Laws of Mauritius

E12 – 71 [Issue 6]

EIGHTH SCHEDULE [Sections 65 and 66]

DESIGNATED ESTABLISHMENT AND PAYMENT OF ENVIRONMENT PROTECTION FEE

Column 1 Column 2 Column 3 Designated establishment Fee payable Date payable

1. Hotel 0.85 per cent of monthly turnover

Within 20 days after the end of every month

2. Guest house or tourist residence of more than 4 bedrooms

0.85 per cent of monthly turnover

Within 20 days after the end of every month

3. Premises used in connec- tion with an enterprise engaged in stone crushing or in the manufacture or processing of aggregates, concrete blocks, pre-cast units, coral sand, rock sand or basalt sand

0.75 per cent of monthly turnover

Within 20 days after the end of every month

4. Premises used in connec- tion with an enterprise engaged in the manufac- ture, assembly, or importa- tion of—

Within 20 days after the end of every month

(a) mobile phones hav- ing a transaction value or an import value, as the case may be, exceeding 1,000 rupees; 70 rupees per unit

“

(b) batteries for vehicles other than motorcy- cles, electric bicycles and electric wheel- chairs; 50 rupees per unit

“

(c) pneumatic tyres, except those used for motorcycles, bi- cycles and wheel- chairs 50 rupees per unit

“

[Eighth Sch., formerly Fifth Sch., amended by s. 10 (d) of Act 14 of 2005 w.e.f. 21 April 2005; s. 12 (d) of Act 17 of 2007 w.e.f. 22 August 2007; repealed and replaced by GN 57 of 2008

w.e.f. 6 May 2008 and reprinted by Reprint 1 of 2008 w.e.f. 1 May 2008; renamed by s. 34 of Act 6 of 2008 w.e.f. 15 July 2008; amended by s. 4 (c) of Act 1 of 2009 w.e.f. 1 May 2009;

GN 78 of 2009 w.e.f. 18 July 2009; s. 6 of Act 26 of 2013 w.e.f. 1 January 2014.]



Environment Protection Act

[Issue 6] E12 – 72

NINTH SCHEDULE [Section 88 (1)]

FIXED PENALTIES Offences Fine

(Rs) 1. Discarding, placing, throwing, leaving behind or causing to

be dropped any litter or waste generated from any trade, business, industry, office or any service provider, in any—



(a) lake, reservoir, stream or watercourse or upon the bank of any of the same or beach or any part of the sea 10,000

(b) canal, drain or public place 6,000 2. Discarding, placing, throwing, leaving behind or causing to

be dropped any litter, waste or any other article generated other than from a trade, business, industry, office or any service provider, in any— 6,000

(a) lake, reservoir, stream or watercourse or upon the bank of any of the same or beach or any part of the sea 3,000

(b) canal, drain or public place 2,000 3. Smoking any tobacco product on any office premises or in

any other place of work intended for use or access by the public 6,000

4. Smoking any tobacco product on any premises of an educa- tional institution 6,000

5. Failure to comply with an eyesore abatement notice 10,000 6. Affixing a poster elsewhere than on a designated site or in

any way defacing a designated site 6,000

7. Unnecessary horning in any place 5,000 [Ninth Sch. added by s. 34 (3) of Act 6 of 2008 w.e.f. 15 July 2008; amended by GN 96 of

2009.]



TENTH SCHEDULE [Section 88 (1)]

REPUBLIC OF MAURITIUS MINISTRY OF ENVIRONMENT

FIXED PENALTY NOTICE (Issued under section 88 of the Environment Protection Act)

Date ........................................................................................................... Name of offender .......................................................................................... National Identity Card number (if known) ........................................................... Date of birth ................................................................................................. Address........................................................................................................ This is to bring to your attention that on ............... (date) at ....................... (place) ........................ (time) you have committed the following offence(s)— (a) .............................................................................................................. (b) ............................................................................................................... (c) ...............................................................................................................

Revised Laws of Mauritius

E12 – 73 [Issue 6]

TENTH SCHEDULE–continued The fine(s) provided for this/these offence(s) as set out in section 88 of the Environ- ment Protection Act is/are, respectively—

(a) Rs .................... cents ....................

(b) Rs .................... cents ....................

(c) Rs ..................... cents ....................

and may be paid to the cashier of the District Court of .............................. by .................... at latest in accordance with section 88 of the Act.

You are hereby called upon to pay the above fine(s) within the time limit mentioned above, failing which you may be prosecuted for the above offence(s) and shall, on conviction, be liable in respect of this offence/each of these offences, to a fine being not less than thrice the relevant amount specified above and costs which shall not be less than 1,000 rupees nor more than 3,000 rupees.

....................................................... ........................................................

(Name and designation of officer who detected the offence(s))

Signature

[Tenth Sch. added by s. 34 (3) of Act 6 of 2008 w.e.f. 15 July 2008.]



ELEVENTH SCHEDULE [Section 88 (1)]

EYESORES

1. Depositing or dumping household, commercial or trade refuse, vehicle wrecks, agricultural, building or excavation waste, animal carcasses or any other waste materials on any premises.

2. Erection, placement or display of an advertisement, sign, banner, bill or post- er, which is visible from the road and which disfigures or injuriously affects the view of rural scenery or the beauty of a landscape or the amenities of any histor- ic or public building or monument, or any place frequented by the public.

3. Keeping of any house, tenement or other building in a state of disrepair, which has become waste and ruinous, or has become the receptacle for filth or other nuisances.

4. Unsightly overgrowth of vegetation on any premises.

5. Unsightly stockpile of any material on any premises.

6. Keeping any house, tenement, wall or any other structure or building in a dirty or unsightly state. [Eleventh Sch. added by s. 34 (3) of Act 6 of 2008 w.e.f. 15 July 2008; amended by GN 18 of

2009 w.e.f. 1 March 2009.]



Environment Protection Act

[Issue 6] E12 – 74

TWELFTH SCHEDULE [Section 89 (2)]

REPUBLIC OF MAURITIUS

MINISTRY OF ENVIRONMENT

EYESORE ABATEMENT NOTICE

Name of offender .......................................................................................... Address ....................................................................................................... .................................................................................................................. Take notice that for the purpose of enquiry under section 89 of the Environment Pro- tection Act, .................................... authorised officer of Enforcing Agency ............................... has inspected your premises and building/structure/land and has observed the presence of the following eyesore(s)— (a) ............................................................................................................. (b) ............................................................................................................. (c) ............................................................................................................. You are requested to remove the eyesore(s) constituting the violation on your premis- es or land/building/structure within a period of not more than .......... days from the date on which this notice is served upon you. Take notice that failure to comply with the requirement of the notice constitutes an offence under section 85 (1) (a) and (d) of the Environment Protection Act.

[Twelfth Sch. added by s. 34 (3) of Act 6 of 2008 w.e.f. 15 July 2008.]