Environment Protection (Amendment) Act 2008

Brief

The Environment Protection Act (EPA) 2002 is the main piece of national legislative framework which provides among others for:-

·        the protection and management of environmental assets;

·        environmental protection and sustainable development for present and future generations;

·        environmental management

·        coordination of the inter-relations of environmental issues;

·        the proper implementation of governmental policies and enforcement provisions; and

·        the protection of human health and quality of life

Lately, the EPA 2002 has been amended so as to meet certain policy objectives and make it more responsive and adaptable to the emerging challenges of the new economic order and also to address a number of issues and shortcomings in the Act. The Environment Protection (Amendment) Act, Act No. 6 of 2008, was adopted in the National Assembly in 01 April 2008 and was proclaimed on 15 July 2008.

The following are the major issues covered under the Environment Protection (Amendment) Act 2008 - 

  v     The setting up of a PER Committee

The processing of application for Preliminary Environmental Report (PER) Approval for common undertakings which are generally of a less polluting nature, was not provided for previously.  Therefore, to facilitate business and in order to take prompt and collective and informed decision in the presence of relevant Ministries and authorities, the Act now provides for the setting up of a Committee to examine PER applications and make recommendations to the Minister.

  v     EIA/PER Monitoring Committee

The Act provides for the setting up of an EIA/PER Monitoring Committee so as to monitor compliance with conditions imposed following the grant of an EIA licence or PER approval.   The objective is to ensure that developers implement their projects while safeguarding the environment as per conditions imposed.  Given the multi-sectoral nature of an EIA or a PER, a multidisciplinary team from different relevant Ministry would look at different aspects of the project including sanitary, drainage, land-use, health, socio-economics, traffic, architectural, landscape, pollution control and protection of biodiversity and natural resources.  This Monitoring Committee will complete the EIA/PER process which starts with the EIA/PER screening and end up with the monitoring and enforcement.

  v     Application of Fixed penalties

With a view to reinforcing the existing enforcement mechanism, the Act provides for the service of a fixed penalty notice for common contravention of an environmental law.  The principle behind the fixed penalty is to allow the polluter to pay promptly for the harm done to the environment.

The quantum for the fixed penalty for minor contraventions such as unnecessary horning in specific places, littering, illegal dumping and illegal affixing of posters ranges from Rs 5000 to Rs 10 000 depending on the nature and gravity of the offence.

  v     Eyesore Abatement Notice

The Act makes provisions for a mechanism to abate environmental eyesores such as stockpiling of scrap materials, overgrowth on bare lands and illegal affixing of posters through the service of an Eyesore Abatement Notice and cost recovery in case of removal of an eyesore by an Authority.

v      Empowerment of local authorities

The Act further provides for the empowerment of local authorities to enforce environmental laws covering, among others, common environmental nuisances and eyesores falling within their respective administrative area.  The close proximity of the local authority to complainants and knowledge of local issues would enhance synergies with the other enforcement authorities including the Ministry of Environment & NDU.

  v     Control of Noise

Noise nuisance is one of the major environmental problems facing the country which is giving rise to lots of complaints.  The Noise Prevention Act dates as far back as 1938 and most of the regulations made thereunder do not cater for the present context.  Besides being obsolete, noise legislations are scattered among various authorities leading to poor compliance and enforcement.

  The Act now makes provisions for the following:

      (i)            An environmental standard for noise emitted from a place of worship, which is set at 55 decibels [dB(A) Leq] recorded at the boundary of the site;

    (ii)            Empowerment of the Minister to make regulations for the control of noise;

   (iii)            Empowerment of the Minister to make regulations to provide exemption from standards for noise in relation to events or celebrations organised, sponsored or approved by the State;, and

  (iv)            Repeal of the Noise Prevention Act and all regulations made thereunder.

Click here to access the full text of the Environment Protection (Control of Noise) Regulations 2008

v     Inter-Ministerial Coordinating Committee on implementation of the multilateral environmental agreements (MEAs)

  Mauritius plays an active role in the global initiatives for sustainable development and is a party to around 36 environment-related conventions, protocols and other internationally binding and non-binding instruments.  Our country is particularly active in international and regional agreements concerning climate change, protection of the ozone layer, biodiversity, sound management of hazardous and toxic wastes, including persistent organic pollutants, disaster management such as oil spill and chemical spills, protection of the marine environment, etc. Although the obligations of most MEAs are being implemented through the development of strategies, policies and execution of projects, progress is staggered.  Therefore, the Act also make provision for the setting up of a statutory high level inter-Ministerial Coordinating Committee to co-ordinate the implementation of the multilateral environmental agreements (MEAs). 

v     Empowerment of the Minister to make Regulations

  The EPA 2002 as amended in 2008, give additional power to the Minister to make regulations on the following:-

·        For issuing policy and environment guidance or standards for an activity that may have an adverse effect on the environment.

·        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;

·        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

Click here to access the full text of the Environment Protection (Amendment) Act 2008