The preservation and management of the environment in Mauritius is framed by the legislation emanating from the Ministry of Environment, Solid Waste Management and Climate Change. Hence with the Environment Protection Act: we have a series of measures and provisions for sustainable development and social management attached to it.
Reminder of the main lines of the Environment Protection Act 2022
Several aspects are covered in this document, namely:
• The functions and powers of the various actors involved in the application of the laws in force. These bodies are the Commission and Department of the Environment, the Environmental Police, the National Network for Sustainable Development, the Technical Advisory Committee and the Coordinating Committee for Multilateral Environmental Agreements.
• The environmental impact assessment, the preliminary report, as well as the treatment in the event of an emergency (interventions, solutions to be implemented, cleaning and removal operations, responsibilities in the event of a spill, measures in the event of a potential). Financial aspects such as the recovery of related expenses are also indicated.
• National standards such as those relating to water, effluents, air, noise emissions, non-hazardous waste, pesticide residues, odors. Ditto with regard to issues dealing with the quality control of laboratories as well as the audit of industrial waste.
• Management of coastal and maritime zones: protection, anticipatory measures in the event of a spill in the zone and provisions of ICZM (Integrated Coastal Zone Management).
• Legal issues relating to the provisions of the Environmental Appeal Tribunal. The jurisdiction of the Tribunal is dealt with there, as well as the procedures and measures in the event of an appeal to the Supreme Court.
• The National Environment Fund: the purpose of the fund, receipts and disbursements, audits and account management as well as miscellaneous regulations, fees and transitional provisions.
• Enforcement associated with Program Approval, Enforcement and Blackout Notice, Stop Order, General Provisions and Notice Consultations, Amendments, Service and Revocation of Notices , offenses, prosecutions and miscellaneous penalties.
Possible overhaul and new regulations
A major overhaul was announced in June by Minister of the Environment. The goal is to adapt actions and regulations according to the evolution of the climatic and environmental situation in Mauritius and this, in a sustainable way. The new measures concern multiple sectors.
Recall that regulations had already been programmed by the government in its Cabinet meeting, and which relate to the following points:
• The review of the environment protection (Standards for Air) Regulations 1998.
• The review of the environment protection (Declaration of Environmental Laws) Regulations 2005.
• The amendments to be made to the Ninth Schedule (Fixed Penalty Fines) of the Environment Protection Act 2022 by way of regulations.