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    Environmental Law in Mauritius

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    Priyanka Bundhoo
    The summary provides an overview of environmental law in Mauritius based on the key points from the document: Mauritius has developed a refined legal framework for environmental law consisting of local legislation and adherence to international law. The key law is the Environment Protection Act of 2002 which established agencies like the National Environment Commission to set policies. It also requires environmental impact assessments for certain projects and empowers the Director of Environment to enforce the law. The act is based on principles like precaution, prevention, and polluter pays. While Mauritius' constitution does not mention the environment, the country follows a model of sustainable development. International environmental agreements have also been incorporated into domestic laws on issues like biodiversity, wildlife,

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    Environmental Law in Mauritius

    Uploaded by

    Priyanka Bundhoo
    754 views19 pages
    The summary provides an overview of environmental law in Mauritius based on the key points from the document: Mauritius has developed a refined legal framework for environmental law consisting of local legislation and adherence to international law. The key law is the Environment Protection Act of 2002 which established agencies like the National Environment Commission to set policies. It also requires environmental impact assessments for certain projects and empowers the Director of Environment to enforce the law. The act is based on principles like precaution, prevention, and polluter pays. While Mauritius' constitution does not mention the environment, the country follows a model of sustainable development. International environmental agreements have also been incorporated into domestic laws on issues like biodiversity, wildlife,

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    Laws pertaining to environment

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    The summary provides an overview of environmental law in Mauritius based on the key points from the document: Mauritius has developed a refined legal framework for environmental law consisting of local legislation and adherence to international law. The key law is the Environment Protection Act of 2002 which established agencies like the National Environment Commission to set policies. It also requires environmental impact assessments for certain projects and empowers the Director of Environment to enforce the law. The act is based on principles like precaution, prevention, and polluter pays. While Mauritius' constitution does not mention the environment, the country follows a model of sustainable development. International environmental agreements have also been incorporated into domestic laws on issues like biodiversity, wildlife,

    Copyright:

    © All Rights Reserved
    Download as ODP, PDF, TXT or read online from Scribd
    Download as odp, pdf, or txt
    754 views19 pages

    Environmental Law in Mauritius

    Uploaded by

    Priyanka Bundhoo
    The summary provides an overview of environmental law in Mauritius based on the key points from the document: Mauritius has developed a refined legal framework for environmental law consisting of local legislation and adherence to international law. The key law is the Environment Protection Act of 2002 which established agencies like the National Environment Commission to set policies. It also requires environmental impact assessments for certain projects and empowers the Director of Environment to enforce the law. The act is based on principles like precaution, prevention, and polluter pays. While Mauritius' constitution does not mention the environment, the country follows a model of sustainable development. International environmental agreements have also been incorporated into domestic laws on issues like biodiversity, wildlife,

    Copyright:

    © All Rights Reserved
    Download as ODP, PDF, TXT or read online from Scribd
    Download as odp, pdf, or txt
    of 19

    Environmen

    tal law in
    Mauritius

    Introduction
    a

    much more refined legal framework


    concerning environmental law

    An

    array of local legislations

    Adherence
    The

    to international law

    status of international environmental


    law in Mauritius Permal v The Illois Trust
    Fund it remains true that the
    Agreement (between UK- Mauritius on
    compensation to Illois) by itself does not
    have the force of lawnevertheless
    specific provisions of an agreement,

    Definition of Environment
    in Mauritius
    Section

    3 (Interpretation) of the
    Environment Protection Act 2002 defines
    environment as including:
    (a)

    land, air, water, or any one of, or any


    combination of, these media;

    In

    (b)

    all living organisms;

    (c)

    any built-up environment;

    Mesnil Investment Co. Ltd v


    Environment Appeal Tribunal & ors
    (2000) SCJ 172, the Supreme Court was
    of the view that from the language

    Characteristic of the
    Mauritian environmental
    Environmental law can be preventive,
    law
    prohibitive and curative/restorative in
    nature
    Preventive

    nature
    of
    Mauritian
    environmental law S38 of the EPA
    (1)

    The Minister shall prescribe standards


    for water quality to protect the public
    health, welfare and the environment, and
    to provide adequate safeguard for the
    quality of water.

    (2)

    Any

    regulations

    made

    under

    Prohibitive

    S 85 of the EPA Offences 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 t0
    imprisonment for a term not exceeding 2
    years;

    (ii)

    on a second or subsequent conviction,


    be liable to a fine not exceeding 100,000
    rupees and to imprisonment for a term
    not exceeding 8 years.

    The foundation of our


    environmental law
    The

    Mauritian Constitution is silent on


    the environment and does not provide
    for a right to environment

    For

    instance,
    the
    Seychelles
    Constitution (article 38) provides for a
    right to environment.

    Can

    it be inferred from the right to life,


    as was done in the Indian case of Mukti
    Morcha v Union of India where the
    Supreme Court of India interpreted right
    to healthy environment as being part of

    Our

    model is based on sustainable


    development economic growth, social
    development,
    protection
    of
    the
    environment
    See

    ICJ Decision Gabcikovo- Nagymaros


    (1997) where it was held that sustainable
    development
    is
    a
    principle
    of
    environmental law

    National

    actions/policy on sustainable
    development National Agenda 21 to
    protect and improve the environment as

    Environmental

    pillar of
    framework
    S

    stewardship is another
    our environmental legal

    2 of the EPA entitled environmental


    stewardship it is declared that every
    person in Mauritius shall use its best
    endeavours to preserve and enhance the
    quality of life by caring responsibly for the
    natural environment of Mauritius.

    EPA based on the


    principles of
    environmental law

    Precautionary principle S 2 of the EPA

    Definition and elaboration on precautionary principle in the case of A.P.


    Pollution Control Board v Nayudu (Supreme Court of India) the principle of
    precaution involves the anticipation of environmental harm and taking
    measures to avoid it or choose the least environmentally harmful activity. It is
    based on scientific uncertainty. Environmental protection should not only aim
    at protecting health, property and economic interest but also protect the
    environment for its own sake. Precautionary duties must not be only
    triggered by the suspicion of concrete danger but also by justified concern of
    risk potential.

    Principle of prevention S 38 of the EPA

    Polluter pays principle S 88 of the EPA

    Dissemination of information and public participation S 20 of the EPA Public


    Comment - 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 council or district council for the area
    where the undertaking is to be carried out; and

    The EPA at a glance


    Administration
    The

    S 5 to S 12

    National Environment Commission

    Prime
    (a)

    Minister as Chairperson

    set national objectives and goals,


    determine policies and priorities for
    protection of the environment, having
    regard to the recommendations of
    Minister;

    (b)

    and
    the
    due
    the

    review progress made by public


    departments
    on
    any
    aspect
    of
    environmental management projects and

    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 environmental
    policies and plans operating in the
    country;

    (b)

    quality and state of the environment;

    (c)

    measures, plans and technologies for

    Enforcing agencies
    S

    13 of the EPA agencies are listed in


    the Fourth Schedule

    Pursuant

    to paragraph 2(2) and 3 of the


    Fourth Schedule of the Act of the Act the
    Director of Environment, the Permanent
    secretary (PS), Port Master , Police de
    LEnvironment and Local Authority are
    the enforcing agencies

    The

    Local Authority is responsible for


    the enforcement of environmental laws
    within its administrative area while the

    Environmental Impact
    Assessment
    S

    15 to S 28 of the EPA

    The

    requirement of a PER (Preliminary


    Environmental Report) or an EIA
    (Environmental Impact Assessment)

    Undertakings

    for which PER is required


    is list in Part A of the Fifth Schedule and
    for EIA, Part B of the Fifth Schedule

    PER (S 16 of the EPA)

    A PER shall contain a description of the undertaking with particulars of

    (a) its location and its surroundings;

    (b) its process, design and size;

    (c) any data or information necessary to identify and assess the effects
    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;

    EIA (S 18 of the EPA)

    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


    representative and countersigned by the consultant
    referred to in section 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

    (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 prepared the EIA;

    (d) the precise location and surroundings of the undertaking, the zoning 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;

    (h) any actions or measures 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 undertaking, where it is implemented in
    the manner proposed by the proponent; (k) any alternative manner or process in
    which the undertaking may be carried out so as to cause less harm to the
    environment;

    Enforcement
    The

    Director
    of
    Environment
    empowered under S 70 of the EPA.

    He

    is

    may send a Programme Notice

    Issuance

    of a programme of measures

    In

    case a programme of measures is not


    appropriate he can issue an
    Enforcement Notice

    Prohibition

    notice and stop orders

    How international laws were


    brought to the national
    framework?

    Biodiversity
    Wildlife

    and National Parks Act (1993)

    National

    Parks and Reserve Regulations of

    1996
    Wildlife

    Regulations of 1998

    Continental
    Female

    Sea Turtle Regulation 1950

    Maritime
    Plants

    Shelf Act 1970

    Zone Act 1982

    Act 1976

    Thank you!

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