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Rethinking the Regulation of Environment Impact Assessment and Precaution in Mauritius

Published online by Cambridge University Press:  16 May 2017

Odile Juliette Lim Tung
Odile Juliette Lim Tung*
Affiliation:
University of the Witwatersrand, South Africa
*
[email protected]
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Abstract

As a small island developing state, Mauritius needs to manage its natural assets with a precautionary approach, especially as the tourism industry is one of the main pillars of its economy. While the precautionary principle has no statutory value in Mauritius, it serves as a guiding principle in environmental decision making. Since 1993, the assessment of impact has been mandatory under the Environment Protection Act (EPA) for major development activities, to avoid activities that may have a significant adverse impact on the environment and society. The local impact assessment procedure currently includes two categories of undertakings listed in the EPA, namely the environment impact assessment (EIA) and the preliminary environment report for undertakings with less environmental and socio-economic impact. This article examines the Mauritian EIA regulatory mechanism and seeks to strengthen the EIA process with a precautionary approach, to achieve more effective regulation and implementation.

Keywords

Environment Impact Assessment (EIA)preliminary environment reportEIA mechanismMauritiusregulationprecautionary approach
Type
Research Articles
Information
Journal of African Law , Volume 61 , Issue 2 , June 2017 , pp. 227 - 251
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Copyright
Copyright © SOAS, University of London 2017 

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Footnotes

*

Licence en droit, Montpellier, France; maîtrise en droit (Montpellier); diplôme d’études appliquées en droit (Montpellier); doctorat en droit (Montpellier). Post-doctoral research fellow, Mandela Institute, School of Law, University of the Witwatersrand, South Africa. The author wishes to acknowledge funding from the North-West University, South Africa, for the preparation and submission of this article during her post-doctoral research fellowship at its Faculty of Law.

References

1 Sec 34(A)(vii) of the Barbados Plan of Action includes increasing attention to national physical planning in both urban and rural environments and the use of environmental impact assessments and other decision-making tools. See the “Declaration of Barbados” and “Programme of action for the sustainable development of small island developing states” in UN “Report of the global conference on the sustainable development of small island developing states”, res 1, annexes I and II, available at: <http://www.un.org/documents/ga/conf167/aconf167-9.htm> (last accessed 21 February 2017).

2 Mauritius has a total maritime zone of 2.3 million square km, with an exclusive economic zone of 1.96 million square km and a continental shelf of 396,000 square km co-managed with the Republic of the Seychelles. Mauritius is expected to make further submissions for an extended continental shelf of 303,000 square km on the seabed and subsoil to the Commission on the Limits of the Continental Shelf in respect of Rodrigues and Chagos Archipelago. See the Board of Investment website, available at: <http://www.investmauritius.com/investment-opportunities/ocean-economy.aspx> (last accessed 21 February 2017). Seabed exploration for hydrocarbons and minerals is on the agenda within the context of the development of an ocean economy for Mauritius: ibid.

3 See UNESCO The Precautionary Principle (2005, World Commission on the Ethics of Scientific Knowledge and Technology) at 7 Google Scholar, available at <http://unesdoc.unesco.org/images/0013/001395/139578e.pdf> (last accessed 21 February 2017).

4 Gullett, W “The precautionary principle in Australia: Policy, law and potential precautionary environment impact assessments” (2000) 11 Risk: Health, Safety and Environment 93 at 148Google Scholar.

5 Ibid.

6 Act 34 of 1991. The EPA (and its related regulations), together with any direction, order, notice or requirement issued or imposed by the act, are the most important source of environmental law in the country.

7 The traditional approach focused on the media that were polluted (air, water and land), while an integrated approach to pollution control focuses on the pollutant and seeks to reduce the effect that it may have on any and all environmental media. See Thornton, J and Beckwith, S Environmental Law (1997, Sweet and Maxwell Textbook Series) at 116 Google Scholar.

8 Lim Tung, OJ Environmental Law in Mauritius (2015, International Encyclopaedia Series, Wolter Kluwer Law), para 34Google Scholar.

9 Gullett “The precautionary principle”, above at note 4 at 116.

10 Act 19 of 2002.

11 “A proponent's guide to EIA”, “EIA guidelines for proposed desalination plants”, EIA guidelines for proposed stone crushing plants”, “EIA guideline for proposed residential morcellement projects”, “EIA guideline for proposed coastal hotel projects” and “EIA guidelines for fish farming in the sea”, all available at: <http://environment.govmu.org/English/eia/Pages/Environmental-Impact-Assessment.aspx> (last accessed 21 February 2017).

12 See the Convention on Biological Diversity (CBD) EIA guidelines: Commission for Environmental Assessment “Biodiversity assessment in EIA or SEA: Background document to CBD decision VIII/28: Voluntary guidelines on biodiversity - inclusive impact assessment” (April 2006), available at: <http://api.commissiemer.nl/docs/os/bibliotheek/biodiversityeiasea.pdf> (last accessed 21 February 2017); UN Conference on Environment and Development: Convention on Biological Diversity (5 June 1992, entered into force 29 December 1993): UN doc UNEP/Bio.Div/N7-INC.S/4, reprinted in 31 International Legal Materials 818.

13 Gullett “The precautionary principle”, above at note 4 at 146.

14 See the “Vorsorgeprinzip”: Compton, MM “Applying World Trade Organization rules to the labelling of genetically modified foods” (2003) 15 Pace International Law Review 359 at 377Google Scholar; Steele, K “The precautionary principle: A new approach to public decision-making” (2006) 5 Law, Probability and Risk 19 at 28CrossRefGoogle Scholar.

15 See Canadian Law on the Protection of the Environment (LC 1999, chap 33), art 2(1)(a). Art 5 of the French Environment Charter (Constitutional Law No 2005-205 of 1 March 2005, Journal Officiel de la République Française, No 0051 of 2 March 2005 at 3697) provides a definition of the precautionary principle. The precautionary principle is also one of the main principles pertaining to environmental protection in the European Union; see the consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union (Official Journal C 326, 26 October 2012 at 1), art 191, para 2. de Sadeleer, N (ed) Implementing the Precautionary Principle; Approaches from the Nordic Countries, the European Union and United States (2007, Earthscan)Google Scholar.

16 This principle has become the underlying rationale for a large and increasing number of international treaties and declarations in the fields of sustainable development, environmental protection, health, trade and food safety. See UNESCO The Precautionary Principle, above at note 3 at 8; Freestone, D and Hey, E The Precautionary Principle and International Law: The Challenge of Implementation (1996, Kluwer Law International)Google Scholar. However, the principle is considered vague and needs to be more precise: Hicker, JE Jr and Vern, WR “Refining the precautionary principle in international environmental law” (1994–95) 14 Virginia Environmental Law Journal 424 Google Scholar.

17 Birnie, PW and Boyle, A International Law and the Environment (2002, Oxford University Press) at 116 Google Scholar.

18 Rio Declaration on Environment and Development, UN Conference on Environment and Development, 14 June 1992: UN doc A/CONF/151/5/Rev 1, 31 International Legal Materials 874.

19 Id, principle 15.

20 See: <http://www.newworldencyclopedia.org/entry/Precautionary_principle> (last accessed 21 February 2017).

21 See UNESCO The Precautionary Principle, above at note 3 at 14.

22 Gullett “The precautionary principle”, above at note 4 at 146.

23 For the value of the precautionary principle, see Birnie and Boyle International Law, above at note 17 at 118–19. In the international context, it is frequently argued that declarations of principles are not traditional sources of international law and are not binding on the member states of the organization that adopted them. Declarations of principles are “recommendations” without binding force. See UNESCO The Precautionary Principle, above at note 3 at 22. See also international case law regarding the value of the precautionary principle: Argentina v Uruguay ICJ [2010] (Pulp Mills in the River Uruguay); EC - Measures Concerning Meat and Meat Products (Hormones) [1998] WT/DS26-48/AB/R; EC - Measures Affecting Asbestos-Containing Products [2001] WT/D135/AB/R. Also Cho, Y “Precautionary principle in the International Tribunal for the Law of the Sea” (2009) 10 Sustainable Development Law and Policy 1 Google Scholar.

24 International Union for Conservation of Nature “Guidelines for applying the precautionary principle to biodiversity conservation and natural resource management” (May 2007) at 1, available at <http://cmsdata.iucn.org/downloads/ln250507_ppguidelines.pdf> (last accessed 21 February 2017); Birnie and Boyle International Law, above at note 17 at 116.

25 Ibid.

26 See UNESCO The Precautionary Principle, above at note 3 at 22–23.

27 Mauritius acknowledges the importance of sustainable management consistent with the precautionary principle in the preamble of the bilateral Treaty Concerning the Joint Management of the Continental Shelf in the Mascarene Plateau Region Between the Government of the Republic of Seychelles and the Government of the Republic of Mauritius (concluded on 13 March 2012) UN Treaty Series 2847, available at: <https://treaties.un.org/Pages/showDetails.aspx?objid=0800000280331cc0> (last accessed 21 February 2017). See treaties to which Mauritius is a party, including the preambles of the CBD (ratified on 17 August 1992) and the Cartagena Protocol on Transboundary Movements of Living Modified Organisms (officially titled the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, 29 January 2000, entered into force 11 September 2003) 39 International Legal Materials 1257 (adopted on 29 January 2000 and ratified by Mauritius on 9 September 2001); UN Framework Convention on Climate Change, 1 International Legal Materials 851 (adopted on 9 May 1992 and ratified by Mauritius on 17 August 1992), art 3.33; UN Convention on the Law of the Sea, 21 International Legal Materials 1261 (adopted on 10 December 1982 and ratified by Mauritius on 4 November 1994), art 206.

28 Sage-Fuller, B The Precautionary Principle in Marine Environmental Law: With Special Reference to High-Risk Vessels (2013, Routledge) at 52 Google Scholar.

29 Neither the Constitution of the Republic of Mauritius (RL 1/1, 12 March 1968) nor national legislation includes any provisions on the precautionary principle.

30 Lim Tung Environmental Law in Mauritius, above at note 8, para 31.

31 See Republic of Mauritius “Maurice Ile Durable policy strategy and action plan: Final report” (2013) at v, available at <http://mid.govmu.org/portal/sites/mid/file/full%20report%20midpolicy.pdf> (last accessed 21 February 2017); and Republic of Mauritius “National biodiversity strategy and action plan 2006–2015” (2006) at 2, available at: <https:// www.cbd.int/doc/world/mu/mu-nbsap-01-en.pdf> (last accessed 21 February 2017).

32 See Republic of Mauritius “Maurice Ile Durable”, above at note 31. In 2008, the MID concept was announced by the government as the new long-term vision to make Mauritius a world model for achieving sustainable development, particularly for SIDS: Lim Tung Environmental Law in Mauritius, above at note 8, para 35.

33 MID guiding principles also recognize traditional and indigenous knowledge: id, para 42.

34 Steele “The precautionary principle”, above at note 14 at 19.

35 The CBD also allows for public participation in such procedures: CBD, art 14. See Commission for Environmental Assessment “Biodiversity assessment”, above at note 12.

36 Steele “The precautionary principle”, above at note 14 at 20.

37 Ibid.

38 MoE representatives invoked the unsuitability of the site as well as adverse impact on residential areas and negative impact on the health of neighbouring inhabitants. See The (Mauritius) CT Power Ltd v The Ministry of Environment and Sustainable Development cause no 02/2011 [2012] Environmental Appeal Tribunal.

39 Id at 41.

40 Gullett “The precautionary principle”, above at note 4 at 147.

41 The first EAT that was provided under the EPA was replaced by the Environment and Land Use Appeal Tribunal (ELUAT), set up under the ELUAT Act 5 of 2012 and with a wider jurisdiction than the EAT.

42 According to the principle of stewardship, “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”: EPA, sec 2.

43 See Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133, a decision of the Australian New South Wales Land and Environment Court delivered by Preston CJ on 24 April 2006; Hutchison Telecommunications (Australia) Pty Limited v Baulkham Hills Shire Council [2004] NSWLEC 104 (26 March 2004); Monsanto Agricoltura Italia v Presidenza del Consiglio dei Ministri European Court of Justice case C-236/0 [13 March 2003].

44 The lack of scientific uncertainty is assessed in relation to the nature and scope of the threat of environmental damage. See CT Power, above at note 38 at 44.

45 Id at 42.

46 Ibid.

47 The threat of environmental damage must be adequately sustained by scientific evidence, as held in Monsanto Agricoltura Italia, above at note 43, para 138.

48 See CT Power, above at note 38 at 46.

49 Id at 41.

50 Id at 48.

51 The proponent must also address issues such as noise, odour, light and dust in relation to the proposed power plant, in accordance with the supplementary EIA commissioned by the Department of the Environment: id at 77–78.

52 Including, for example, sugar factories, textile manufacturing factories and major hotels in the coastal zone.

53 An average of 125 EIA licences per year were issued from 1993 to 2002: Ramjeawon, T and Beedassy, R “Evaluation of the EIA system on the island of Mauritius and development of an environmental monitoring plan framework” (2004) 24/5 Environmental Impact Assessment Review 537 at 537CrossRefGoogle Scholar. A total of 75 EIA licences were issued in 2003, compared with 26 in 2012. See Digest of Environmental Statistics 2012 (2013, Ministry of Finance and Economic Development) at 91 Google Scholar.

54 It also attends to appeals made by proponents against decisions regarding an EIA or PER application at the Environment and Land Use Appeal Tribunal, as well as cases related to EIAs at the Supreme Court or other courts.

55 Undertakings which are not listed in the fifth schedule of the EPA that are likely, by virtue of their nature, scope, scale and sensitive location, to have an impact on the environment or on the zoning of an area: EPA, sec 17(1).

56 For instance, undertakings concerning the assembly of motor vehicles, block making plant manufacturing over 10,000 blocks per day, bulk processing, storage and handling of petroleum products, liquefied gas, coal and petro-chemical products, hospitals, construction of marinas, conversion of forest land to any other land use, housing projects and apartment complexes over 50 units within 1 km of the high water mark.

57 EPA, sec 18(2)(g). For instance, the EIA guidelines for fish farming in the sea include a social impact assessment. Fish farms should be developed and operated in a socially responsible manner, benefiting the farm, local communities and the country. See “Guidelines and annexes for application for authorisation for fish farming in the sea” (2008), available at: <http://www.investmauritius.com/media/32978/Guidelines-for-application-for-authorisation-for-fish-farming-in-the-sea.pdf> (last accessed 21 February 2017).

58 See the MoE website, above at note 11.

59 It is situated in the Indian Ocean, 2,000 km from the south-east coast of the African continent, with an area of 1,865 square km without its dependencies: Lim Tung Environmental Law in Mauritius, above at note 8, para 2.

60 EPA, sec 92(1).

61 Id, sec 91(2)(d).

62 Until 8 November 1965, the most important dependencies of Mauritius were Rodrigues, situated 650 km to the north-east of Mauritius, and other islands: Agaléga, 1,000 km to the north and Cargados Carajos (Saint Brandon), 450 km to the north-east of Mauritius. The Chagos Archipelago is located about 2,000 km to the north-east of Mauritius and is subject to a territorial dispute between the United Kingdom and Mauritius. Tromelin, situated 500 km to the north-west of Mauritius, has been claimed as a dependency by Mauritius, France and also Madagascar. See Lim Tung Environmental Law in Mauritius, above at note 8, paras 2–7.

63 For instance, a PER application must be made in respect of coral crushing and processing, the creation of bathing areas by mechanical means, depots for 50 or more buses, food processing industries, industrial-scale laundry and dry-cleaning within 1 km of the high water mark, land reclamation and backfilling, paint manufacture, and the mechanical removal of marine flora.

64 Lim Tung Environmental Law in Mauritius, above at note 8, para 84.

65 See the “Proponent's guide to preliminary environmental report (PER)”, “PER guidelines for night clubs” and “Guidelines for rearing of poultry above 5000 heads”, available at: <http://environment.govmu.org/English/eia/Pages/Environmental-Impact-Assessment.aspx> (last accessed 21 February 2017).

66 Lim Tung Environmental Law in Mauritius, above at note 8, para 95.

67 EPA, sec 17.

68 For instance if the unlisted activity may have an impact on the environment or on the zoning of an area: id, sec 17(1).

69 Lim Tung Environmental Law in Mauritius, above at note 8, para 117. Environmental and health and safety guidelines apply to selected activities with a view to protecting the environment, public health and workplace safety.

70 This faster procedure is also used for applications for other permits and authorization: id, para 99. The LPES was set up to ensure that land available for creating economic value is fully utilized and optimally exploited.

71 Act 32 of 2004, sec 40D(2).

72 The supervising officer of the ministry responsible for land use planning and development is competent to consider any application for registration under the LPES: id sec 40(F). The LPES Technical Committee reports to a ministerial committee established by the prime minister.

73 Gullett “The precautionary principle”, above at note 4 at 148–49.

74 Ramjeawon and Beedassy “Evaluation of the EIA system”, above at note 53 at 544. For instance, offshore drilling for oil and seabed exploration for hydrocarbons and minerals do not fall within existing categories requiring a PER or an EIA licence.

75 Such as wetlands and the coastal zone area known as the Pas Géométriques. The breadth of the Pas Géométriques is reckoned from the line of the seashore reached by high water at spring tide and can never be less than 81.21 metres. Its boundary line is parallel to the lines of the coast considered as a whole and without regard to minor irregularities: Pas Géométriques Act (Revised Laws of Mauritius 4/21 of 1982), sec 3(1). Annexes of the Pas Géométriques include the sea water pools, salt water marshes, lakes, bogs and basins situated wholly or partly within the Pas Géométriques, the islets adjacent to the shore that can be reached on foot at low tide, the creeks at the mouths of rivers, and the river mouths themselves: id, sec 2. See Moothoo v Osprey Co Ltd [2004] SCJ 308, regarding construction projects near or on the Pas Géométriques. Developmental works in an area close to a protected area require a Cultural Heritage Impact Assessment Licence and, since June 2014, clearance from the National Ramsar Committee.

76 See Wood, C Environmental Impact Assessment: A Comparative Review (2nd ed, 2003, Prentice Hall) at 333 Google Scholar.

77 See Glazewski, J Environmental Law in South Africa (2nd ed, 2005, Butterworths) at 232 Google Scholar.

78 See Commission for Environmental Assessment “Biodiversity assessment”, above at note 12.

79 Undertakings requiring an SEIA were listed in the first schedule of the EPA. See O Bina “A critical review of the dominant lines of argumentation on the need for strategic assessment” (2007) 27 Environment Impact Assessment Review 585 at 587.

80 Such as housing development programmes, integrated coastal zone management plans, industrial estates, national physical development plans, outline schemes, new towns or satellite towns, port master plans, sewerage master plans, solid waste management plans as well as tourism development plans for Mauritius and Rodrigues. See part C of the former first schedule of the EPA before it was repealed in 2008.

81 See Mega Design Ltd of Mauritius (civil engineers), in association with Entech Consultants (Pty) Ltd (coastal engineers) and WSP Walmsley (Pty) Ltd (environmental scientists) “Strategic EIA on the identification of potential sites for marinas, water-ski lanes and bathing areas: Final Technical Report - Executive summary”, available at: <http://apps.unep.org/publications/pmtdocuments/-Strategic%20EIA%20for%20Identification%20of%20Potential%20Sites%20for%20Marinas,%20Ski%20Lanes%20and%20Bathing%20Areas%20for%20Mauritius%20-%20Final%20Technical%20ReportEXECUTIVE%20SUMMARY%20SEI.pdf> (last accessed 21 February 2017).

82 See Palerm, J, Ousik, J and Deepchand, K “Mauritius: Strategic environmental assessment on the sugar cane sector” in Organisation for Economic and Cooperation Development Strategic Environmental Assessment in Development Practice: A Review of Recent Experience (2012, OECD Publishing) 53 CrossRefGoogle Scholar. The sugar industry has made a significant contribution to the development of the Mauritian economy, but may have an impact on the environment if inadequately managed; the strategic environment assessment of the multi annual adaptation strategy for the reform of the sugar sector (MAAS) highlights the environmental impact of land use change and proposes mitigation measures to minimize sugar sector reform. Policy instruments that had an impact on land use in mainland Mauritius include MAAS 2006–15, which was devised in view of a sugar sector reform plan in the context of the phasing out of the preferential treatment guaranteed by the European Community on sugar prices. See Lim Tung Environmental Law in Mauritius, above at note 8, para 265.

83 There are also five projects covering approximately 2,400 hectares as indicated in the editorial to the 2015–16 national budget; see: <http://www.investmauritius.com/budget2015/Editorial.aspx> (last accessed 21 February 2017). See Lim Tung, id, para 392.

84 BOI “Smart city scheme guidelines” (June 2015), available at: <http://www.investmauritius.com/media/300689/smart-city-scheme-guidelines.pdf> (last accessed 21 February 2017). The Smart City Scheme was set up under the Investment Promotion Act (Smart City Scheme) Regulations GN 128 of 2015, with more detailed requirements for companies that intend to develop a project under the Smart City Scheme; see id at 14. To obtain a Smart City Scheme certificate, the proponent has to provide, inter alia, a social impact assessment report providing an appraisal of the impact on the day to day quality of life of the immediate communities whose environment will be affected by the proposed project. The EIA application must include the surrounding environment indicating adjacent residential / built-up areas, environmentally sensitive areas, watercourses and designated sites of interest.

85 Gullett “The precautionary principle”, above at note 4 at 148.

86 See CBD, art 14(1)(b).

87 See Ramjeawon and Beedassy “Evaluation of the EIA system”, above at note 53 at 542. See VK Jogoo “EIA of the proposed Midlands Dam Project: Mauritius case study 27” UNEP EIA Training Resource Manual, Case Studies from Developing Countries 261 at 266, available at: <http://www.unep.ch/etu/publications/36)%20261%20to%20267.pdf> (last accessed 21 February 2017).

88 For instance as a signatory to the Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region (21 June 1988), available at: <http://www.unep.org/nairobiconvention/> (last accessed 21 February 2017); “South African Developing Countries (SADC) environmental legislation handbook” (2012) at 220, available at: <http://www.saiea.com/dbsa_handbook_update2012/dbsaFrameSet.html> (last accessed 21 February 2017).

89 World Wildlife Fund “Oil and gas developments in the western Indian Ocean region” (policy brief on the environmental and social aspects of recent oil and gas discoveries in the western Indian Ocean, 2012); Lim Tung Environmental Law in Mauritius, above at note 8, para 264.

90 A list of EIA consultants is available on the MoE website, available at: <http://environment.govmu.org/English/eia/Documents/Reports/eiaconsultants11.pdf> (last accessed 21 February 2017).

91 Ramjeawon and Beedassy “Evaluation of the EIA system”, above at note 53 at 542.

92 EPA, sec 15(4).

93 EIA technical experts need field experience and multidisciplinary skills, as well as a good foundation in environmental science. See Payet, RA “A review of environment impact assessment and sustainable development in small island developing states” in Vigilance, C and Roberts, JL Tools for Mainstreaming Sustainable Development in Small States (2011, Commonwealth Secretariat) 205 at 214–15Google Scholar.

94 Certification can be based on a combination of tertiary qualifications, core EIA competencies, demonstrated EIA experience and a commitment to ongoing professional development. At the South African Developing Countries level, South Africa, Botswana and Tanzania have a statutory requirement for environmental assessment practitioners to be certified, while Lesotho and Namibia have taken steps towards a certification scheme. The certification scheme for environmental assessment practitioners ensures that there is a required level of professional quality and conduct through a rigorous set of qualifying criteria and the threat of disciplinary action if the code of conduct is breached. See “SADC environmental legislation handbook”, above at note 88 at 16.

95 Ramjeawon and Beedassy “Evaluation of the EIA system”, above at note 53 at 541–42.

96 See sectoral guidelines on the content of an EIA, available at the MoE website, above at note 11. “Sectoral guideline on the content of PER” (for the food processing industry, excluding small and medium enterprises, the rearing of over 5,000 head of poultry, nightclubs, the rearing of more than 20 head of cattle, 50 head of goats and 50 head of sheep); see MoE “Environmental guidelines”, available at: <http://environment.govmu.org/English/legislations/Pages/Environmental-Guidelines.aspx> (last accessed 21 February 2017). In the proposed Midlands Dam project, the EIA process and scoping exercise proved inadequate for dealing with broader management issues: Jogoo “EIA of the proposed Midlands Dam project”, above at note 87 at 266. Some environmental guidelines have been drafted for non-scheduled undertakings, including rearing under 5,000 head of poultry, assembling batteries, bakeries, residential care homes, undersea walks, nautical centres, and soap and detergent manufacturing; see MoE “Environmental guidelines”, ibid.

97 EPA, sec 28.

98 This could be termed a fast-track procedure for the application for an EIA licence.

99 EPA, sec 28(2).

100 Id, sec 28(5). The notice must include a summary description of the undertaking and its location, the proponent of the undertaking, a declaration that the undertaking is an exempt undertaking, and EIA approval and the conditions attached to its approval.

101 The construction and subsequent operation of cell 7 over 14.5 hectares were approved as an exempt undertaking in 2013 and July 2014 respectively. See MoE “Decisions on EIA applications”, available at <http://environment.govmu.org/English/eia/Pages/Decision-on-EIA-Applications.aspx> (last accessed 21 February 2017). There were numerous complaints by the inhabitants of Mare Chicose regarding health and pollution impact. Lim Tung Environmental Law in Mauritius, above at note 8, para 116.

102 In 2013, fire-fighters took three days to control an accidental fire that caused acute air pollution in the neighbourhood. Yet the construction of sub cell 7 was approved in January 2014 as an exempt undertaking, and a contingency plan for any accident or failure of equipment was said to have been submitted to the DDoE before it became operational. Lim Tung Environmental Law in Mauritius, ibid.

103 Alternatively it can be made available at the municipal council or district council of the area where the undertaking is to be carried out or other places specified by the DDoE: id, para 88.

104 EPA, sec 20(2).

105 Id, sec 20(3)(d).

106 Id, sec 20(4).

107 Id, sec 20(5). See extracts of the EIA reports that have been posted on the MoE website since 2011: <http://environment.govmu.org/English/eia/Pages/EIA-Reports.aspx> (last accessed 21 February 2017).

108 See EIA report extracts, ibid.

109 EPA, sec 21(5).

110 Id, sec 20. Lim Tung, OJ “Development and balancing of interests in environmental policy and law in Mauritius” in Faure, M and du Plessis, W (eds) The Balancing of Interests in Environmental Law in Africa (2011, Pretoria University Law Press) 261 at 273Google Scholar.

111 de Boucherville Baissac, P “Mauritius country report” at 11 in Tarr, P Environmental Impact Assessment in Southern Africa (2003, South African Institute for Environmental Assessment)Google Scholar, available at: <http://www.saiea.com/saiea-book/> (last accessed 21 February 2017).

112 Alternatively the particulars should be made available to other members of the public who might be affected by the respective undertaking. Lim Tung Environmental Law in Mauritius, above at note 8, para 117. The particulars of any public consultation in the area where the undertaking is to be located are included in the EIA report (EPA, sec 19).

113 For instance, the Constitution of the Republic of South Africa 1996, sec 32(1) and the South African Promotion of Access to Information Act 2 of 2000 provide for the right of access to information.

114 These are the ministries with responsibility for agriculture, fisheries and marine resources, health, industry, local government, public infrastructure, water resources and waste water.

115 EPA, sec 22.

116 The DDoE shall give notice as soon as possible, but not later than seven working days after the day on which the minister makes his decision: id, sec 23(5). Notice must be given in the Government Gazette and in the newspapers in which notice of the application was given.

117 de Boucherville Baissac “Mauritius country report”, above at note 111 at 11.

118 Marshall, R, Arts, J and Morrison-Saunders, A “Application of mitigation and its resolution within environmental impact assessment: An industrial perspective” (2003) 19/3 Impact Assessment and Project Appraisal 195 at 195–204 CrossRefGoogle Scholar.

119 Id at 195.

120 See EPA, sec 18(2)(h) and(k).

121 Id, sec 16(2)(d).

122 Climate change adaptation and mitigation are a necessity for SIDS and essential components to be taken into consideration in EIAs. For instance, Tuvalu has EIA procedures encompassing disaster risk reduction arising from severe extreme events and sea level rise. See Payet “A review of environment impact assessment”, above at note 93 at 213.

123 CBD, art 14(1)(e).

124 Ramjeawon and Beedassy “Evaluation of the EIA system”, above at note 53 at 542.

125 See Commission for Environmental Assessment “Biodiversity assessment”, above at note 12 at 40; Craik, N The International Law of Environmental Impact Assessment (2010, Cambridge University Press), chap 6Google Scholar. The World Bank and regional development banks (such as the African Development Bank) have well-established EIA procedures applicable to their lending activities and projects undertaken by borrowing countries. Environmental assessment is one of the safeguard policies used by the World Bank to examine the potential environmental risks and benefits associated with bank investment lending operations. See World Bank “Environmental assessment” (operational policy 4.01), available at: <https://policies.worldbank.org/sites/ppf3/PPFDocuments/090224b0822f7384.pdf> (last accessed 21 February 2017).

126 Marshall, R, Arts, J and Morrison-Saunders, A “International principles for best practice EIA follow-up” (2005) 23/3 Impact Assessment and Project Appraisal 175 at 176CrossRefGoogle Scholar.

127 de Boucherville Baissac “Mauritius country report”, above at note 111 at 11.

128 EPA, sec 28A.

129 The committee meets at least once a month and must provide a report on its activities to the environment minister every six months (at the end of July and January).

130 It includes the DDoE, one or more officers from the DoE, a representative of the relevant ministries (having responsibility for the subjects specified in the sixth schedule of the EPA), a representative of the Police de l'Environnement (the MoE created the Environmental Police unit in 2000; it comprises police officers, nominated by the commissioner of police as a special unit of the Mauritius Police Force; see Lim Tung Environmental Law in Mauritius, above at note 8, para 76) and the chief executive of the relevant local authority.

131 Ministry of Environment and Sustainable Development “Mauritius environment outlook report, 2011: Summary for decision makers” at 5, available at: <http://environment.govmu.org/English//DOCUMENTS/MAURITIUS%20ENVIRONMENT%20OUTLOOK%20REPORT%20SUMMARY%20FOR%20DECISION%20MAKERS.PDF> (last accessed 21 February 2017).

132 Lim Tung Environmental Law in Mauritius, above at note 8, para 117.

133 The enforcement mechanism provided by Mauritian environmental law is based on a sectoral approach involving different environmental institutions, including local authorities, under the coordination of the DoE. Institutions responsible for enforcement are the DDoE, enforcing agencies, the Police de l'Environnement and authorized officers (id, para 71). Officers of the Rodrigues Environment Unit are vested with the same powers with regard to Rodrigues as authorized officers under the EPA.

134 The cooperation of the owner of the activity is required for post-EIA monitoring; see Ramjeawon and Beedassy “Evaluation of the EIA system”, above at note 53 at 543.

135 Gullett “The precautionary principle”, above at note 4 at 147.

136 Ramjeawon and Beedassy “Evaluation of the EIA system”, above at note 53 at 538.

137 See World Bank “Environmental assessment”, above at note 125.

138 Macintosh, A “Best practice environment impact assessment: A model framework for Australia” (2010) 69/4 Australian Journal of Public Administration 401 at 405CrossRefGoogle Scholar.