Environment Protection Act
In force: 5 September 2002


Part I: Preliminary
Part II: Administration
Part III: Enforcing Agencies
Part IV: Environment Impact Assessment
Part V: Spill and Environmental Emergency
Part VI: National Environmental Standards
Part VII: Coastal and Maritime Zone Management
Part VIII: Environment Appeal Tribunal
Part IX: National Environment Fund
Part X: Environment Protection Fee
Part XI: Enforcement
Part XII: Application of the Act to Rodrigues
Part XIII: Miscellaneous Provisions



Abstract

Part I of this Act deals with the Preliminary and also include section 2 which states that every person in Mauritius shall use his best endeavours to preserve and enhance the quality of life by caring responsibly for the natural environment of Mauritius.

Part II is mainly concerned with the Administration of the National Environment Commission, their respective functions under section 6. Section 9 also set up a Police de L’Environnement of the Mauritius Police Force to comprise of police officers who shall have, in addition to any powers under any other enactment, the powers of an authorized officer under this Act.
The Police de L’Environnement shall also provide such assistance to enforce the environmental law to the Director and the Island Chief Executive.

Part III deals with the Enforcing Agencies and the Environment Coordination Committee which shall be inter alia to ensure the maximum cooperation and coordination among enforcing agencies dealing with environment protection and develop such policies and measures to ensure prompt and effective consultation on matters relating to environment protection. The Committee shall also advise the Minister on matters relating to environmental standards, guidelines and codes of practice.

Part IV deals with the Environmental Impact Assessment (“EIA”) and this part is highlighted below.

Section 15 subject to section 17 of the Act provides that no person shall be required to provide a preliminary environmental report or an EIA in respect of any activity or project other that an undertaking. It also states that no proponent shall commence, proceed with, carry out or cause to be commenced without the approval of a preliminary environmental report under 16, an undertaking specified in Part A of the 1st Schedule without an EIA licence and an undertaking more than 2 years after the issue of an EIA licence in respect that undertaking.

Section 18 deals with the Application of the EIA licence and such application shall be submitted to the Director or in accordance with section 16 (6) and Part B and C of the 1st Schedule.

Section 20 states that an EIA submitted under section 18 shall be opened for public inspection and section 21 deals with the Review of the EIA by the Director and section 22 with a Committee to examine the application of the EIA after the review by the Director.

The Minister may make his decision after taking into consideration the recommendations of the EIA Committee within 14 days of the receipt of the recommendations by virtue of section 23 of the Act. In considering the approval of an EIA, section 24 provides that account shall be taken of the environmental factors of the EIA, measures to avoid or minimize adverse effects of the environment, the alternatives proposed in the EIA and such other matters that may be relevant in weighing the significance or insignificance of the potential environmental impact of the undertaking.

The Minister may at any time of the issue of an EIA licence issue a direction to the licensee requiring him to submit a fresh EIA in respect of his undertaking as per section 25. Such direction may be issued if in the opinion of the Minister there is a likely source of pollution or threat to the environment.

The transfer of an undertaking is dealt in section 26 and 27 which provides that no civil or criminal liability in respect of an undertaking or consequence lies against the Government 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.

Section 28 provides that the Minister may declare an undertaking 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.

Part V deals with the Spill and Environmental Emergency. Under section 29 upon been made aware or informed of a spill, a public officer or any person shall immediately notify the Director so as to prevent, eliminate and restore the adverse effects of the spills and restore the environment to its original state.

The Director shall promptly intervene and initiate action in the public interest by virtue of section 30 and inform the Minister to prescribe the procedures for clean-up procedures in line with section 31.

Any person affected in any way by a spill shall have a right to damages from the owner of a pollutant (section 32). Article 1384 alinea 1 of the Code Napoleon shall so apply. All costs and expenses incurred as a result of any clean-up operation and any measures taken shall be recovered by the Director under section 33 of the Act.

Where a major threat is posed to the environment, the prime minister may declare an environmental emergency and the Commission shall prepare such contingency plan as is appropriate.

Section 35 empowers the Director to delegate any person powers without warrant to enter any premises to remove the pollutant amongst others.

Part VI of the Act deals with the National Environmental Standards. The Minister shall prescribe standards for water, air, noise, hazardous waste, noise, hazardous wastes, non hazardous wastes, pesticides, odours, built-up environment.

The Coastal and Maritime Zone Management are included in Part VII of the Act. Section 49 defines the coastal zone and section 50 establishes an Integrated Coastal Zone Management Committee (ICZM) consisting of a Director of Environment acting as Chairman and representatives of various Ministries. The purpose is to develop and coordinate regional and international projects and monitor coastal water quality and coastal resources.

The Minister under section 51 may also make regulations for the protection of the zone which shall also provide for the preservation and conservation of the environment of the zone. Section 52 prohibits any person to release into the zone any pollutant, waste, or other noxious substance from or through the atmosphere or by dumping and such release is an offence. It shall be a defence however to a prosecution to prove that the release and the dumping was due or rendered necessary by “force majeure” or for the protection of human life.

The Environment Appeal Tribunal is dealt in Part VIII of the Act. Section 53 establishes the Tribunal (“EAT”) consisting of a Chairman and members experienced in the field of protection and management of the environment. The jurisdiction of the EAT according to section 54 shall hear and determine appeals against any decision of the Minister on an EIA under section 23, revoking an EIA licence and relating to a preliminary environmental report under section 16 (6)(a), 17 and section 25.

The proceedings of the EAT as per section 55 shall sit at such place and time as the Chairman may determine and subject to the determination of the EAT (section 56), any aggrieved party may appeal to the Supreme Court with the decision of the Tribunal being erroneous in point of law (section 57)

Part IX of the Act deals with the National Environment Fund to be a special fund for the purposes of the Finance and Audit Act (Section 59). Section 60 explains the objects of the fund such as to carry out programmes to reduce pollution, encourage local environmental initiatives amongst others. Under section 61 a board shall be administered.

Part X of the Act is mainly concerned with the Environment Protection Fee which under section 66 shall be levied on every designated establishment a fee known as the environment protection fee. Section 67 requires the registration of every enterprise or activity. Any fee which has not been paid is subject to a surcharge under section 68.

Under Part XI of the Act the Enforcement section is dealt with. Section 70 empowers the Director to serve or cause to be served a notice where he is of the opinion that a person is contravening an environmental law. Under section 71, an enforcement notice shall state the opinion of the Director, specify the measures that shall be taken to remedy the contravention. Under section 72, the Director may serve a prohibition notice where he is of the opinion that an enterprise or activity is carried or involves a serious risk of serious pollution of the environment. The notice shall state the Director’s opinion, specify the serious pollution caused and specify the measures to be taken to eliminate the serious pollution. Any person who fails to comply with a prohibition notice shall commit an offence

Any person who carries or commences any development or activity without the relevant licence or permit issued under this Act or any legislation, the Director may serve a stop order prohibit the development or the activity.

Under section 76, any person affected by a notice may apply for an amendment of a notice. Section 77 deals with the service of notice and section 78 with revocation of notices. Section 79 authorize an officer the power of entry at any time to enter any premises for the purposes to carry out any lawful direction given by any enforcing agency, determine whether any environmental law is being complied amongst others. The officer may also require the owner to produce any records, documents or licences, examine such records, make test, take measurements and samples and require the owner of the premises or any person to give all reasonable assistance.

Where there is or has been a contravention of an environmental law, or where an environmental emergency is declared or a spill is suspected or there is a serious pollution of the environment, an authorized officer may at any time without warrant enter and search premises, secure any article, object, equipment, arrest any person reasonably suspected of the contravention and exercise the powers conferred under section 79( 3). An offence is committed to any person who fails to comply with any requirement, notice, order or direction issued under this Act (section 85).
 

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Under section 86, the court may order the forfeiture of any article, order, or prohibit the doing of any act to stop a continuing contravention and may also order that any undertaking be stopped, ceased, closed, or pulled down as the case may be when a conviction relates to section 15(2). Pursuant to section 87, an authorized officer may swear an information and conduct prosecution in respect of an offence under an environmental law before a magistrate. Under section 88, where an offence is committed, the authorized officer may serve on the offender a notice calling upon him to pay the fixed penalty specified in the regulations

Part XII of the Act applies to Rodrigues including under section 90, the establishment of Rodrigues Environment Committee. The powers of the Island Chief Executive for the purpose of the enforcement of environmental laws are dealt in section 91 of the Act.

Part XIII of the Act deals with the Miscellaneous Provisions including the restriction of liability against any officer of the Minister, the Director and the Police de L’Environnement in respect of any act done in good faith in the execution of their duties. Any disclosure of information relating to any trade secret used in carrying on a particular undertaking by the Director or any officer or person appointed on a committee shall commit an offence (section 94)

Keywords: environment, undertaking, pollution, substances, EIA, Environment Protection Fee, EAT, contravention, authorized officer.

The Central Water Authority Act is amended-
(a) in section 2, by deleting the definition of "polluted water" ,
(b) in section 20(2)(1), by inserting before the words "to supervise", the following words -
" subject to any other enactment";
(c) by deleting section 21(k);
(d) by deleting section 42 and replacing it by the following section -

42. Immunity of Authority
The Authority shall not be responsible for any damage resulting from the irregularity and insufficiency of supply of water for whatever purpose.
(e) by deleting section 46A.
(3) The Criminal Code (Supplementary) Act is amended in section 110 by deleting subsections (2) and (3) and by renumbering the existing subsection (4) as subsection (2).
(4) The Dangerous Substances Act and the Dangerous Substances Regulations 1914 are repealed.
(5) The Ground Water Act is amended in section 4, by deleting subsection (2) and by renumbering the existing subsection (3) as subsection (2).
(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 recovery, re-use or recycling;
" disposal site" means a disposal site designated under section 156 A(8);
" Environment Coordination Committee" means the Environment Coordination Committee established under the Environment Protection 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-
(7) The National Coast Guard Act is amended-
(a) in section 2, by inserting at its appropriate place the following definition-
" environmental laws" has the meaning assigned to it by section 3 of the Environment Protection Act 2002;
(b) in section 6(1), by inserting after the word "section" the following words -
" and any environmental law ,"
(8) The Occupational Safety, Health and Welfare Act is amended in subsection (1) of section 4 by deleting the words "The Minister" and replacing them by the words -
" Without prejudice to any standards issued under the Environment Protection Act 2002, the Minister"
(9) The Public Health Act is amended -
(a) in section 2, by inserting in its appropriate place the following definition-
" environmental law" has the meaning assigned to in the Environment Protection Act 2002;
(b) in section 18, by deleting the word "nuisance" and replacing it by the words -
Without prejudice to any environmental law "nuisance"
(c) by deleting sections 84 to 88 and section 150.
(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 ;
(11) The Territorial Sea Act is amended by deleting section 9.
(12) The Town and Country Planning Act 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 Environment Protection Act 2002;
" preliminary environment report" has the meaning assigned to it in the Environment Protection Act 2002;
" undertaking" has the meaning assigned to it in the Environment Protection Act 2002;
(b) in section 7, by inserting after subsection (3), the following subsection-
(4) Where an application under subsection (3) relates to an undertaking, the local authority shall not grant a permit unless there is in relation to that undertaking an approved preliminary environmental report or an EIA licence.
(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. Environment Protection Act 2002;
“ preliminary environment report” has the meaning assigned to it in the Environment Protection Act 2002;
" undertaking" has the meaning assigned to it in the Environment Protection Act 2002;
(b) in section 12 -
(i) by inserting after paragraph (a) the following paragraph -
(b) the provisions of Part IV of the Environment Protection Act 2002 and any standards issued under that Act;
(ii) by renumbering the existing paragraphs (b) to (e) as paragraphs (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 preliminary environment report or an EIA licence.
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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