Mauritius
Environment Protection Act
Act 19 of 2002
- Commenced on 5 September 2002
- [This is the version of this document at 30 June 2017.]
Part I – Preliminary
1. Short title
This Act may be cited as the Environment Protection Act.2. Environmental stewardship
It is declared 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.3. Interpretation
In this Act—"accredited laboratory" means a public or private laboratory accredited by MAURITAS to conduct analyses of environmental samples and provide environmental data;"air" includes ambient or localised air within a building, vehicle, enclosure or structure;"authorised officer" means an officer designated under section 8 (5) and includes a police officer;"Board" means the Board referred to in section 61;"Board of Investment" means the Board of Investment established under the Investment Promotion Act;"Central Water Authority" means the Central Water Authority established under the Central Water Authority Act;"Chief Commissioner" has the same meaning as in the Rodrigues Regional Assembly Act;"clinical waste" means waste produced by, discharged by, or derived from or associated with the operation of, a health institution, hospital, pathological laboratory or sanatorium, and includes human and animal tissue or excretions, drugs, medicinal products;"Commission" means the National Environment Commission referred to in under section 5;"Committee" means the Environment Coordination Committee referred to in section 14;"contingency plan" means measures intended to be applied in the event of a spill or an environmental emergency;"Department" means the Department of Environment referred to in section 8 (1);"Director" means the Director of Environment appointed under section 8 (2);"discharge" includes deposit, emission and leakage;"effluent" means wastewater, whether treated, untreated, or partially treated, produced by or discharged from agricultural, industrial, commercial or domestic premises;"effluent limitations" means any restriction prescribed under section 39 on quantities, rates and concentrations of chemical, biological or other constituents which are discharged into the environment;"EIA" means an environmental impact assessment;"EIA Committee" means the EIA Committee established under section 22;"EIA licence" means a licence issued under section 23 (8);"EIA/PER Monitoring Committee" means the Committee set up under section 28A;"EIA report" means a document containing the information required under section 18;"enforcement notice" means a notice referred to in section 71;"enforcing agency" means an enforcing agency designated under section 13;"environment" includes—(a)land, air, water, or any one of, or any combination of, these media;(b)all living organisms;(c)any built-up environment;"environment liaison officer" means an environment liaison officer designated under section 13 (2);"environmental data" means data obtained from the laboratory analyses of environmental samples;"environmental law" means—(a)this Act and any regulations made under this Act, and includes any direction, order, notice issued under, or any requirement imposed by, this Act;(b)any other enactment, or part of any other enactment which the Minister may, by regulations, declare, to be an environmental law;"exempt undertaking" means an undertaking by a public department in relation to which a declaration is made under section 28;"Finance Officer" means the Finance Officer posted at the Ministry;"financial year" has the meaning assigned to it in section 111 of the Constitution;"Fund" means the National Environment Fund established under section 59;"hazardous waste" means waste, natural or artificial, whether in solid or liquid form, or in the form of gas or vapour, declared as hazardous waste under section 42, and includes clinical waste;"ICZM Committee" means the Integrated Coastal Zone Management Committee referred to in section 50;"Island Chief Executive" has the same meaning as in the Rodrigues Regional Assembly Act;"local authority" has the meaning assigned to it in the Local Government Act;"MAURITAS" means the Mauritius Accreditation Service established under the Mauritius Accreditation Service Act;"MEA"—(a)means a multilateral environmental agreement to which Mauritius is a party;(b)includes a treaty, convention, protocol, covenant or other internationally binding instrument dealing with environmental matters, to which Mauritius is a party;"MEAs Co-ordinating Committee" means the Committee set up under section 12A;"medium" means environmental medium and includes air, land and water;"Minister" means the Minister to whom responsibility for the subject of environment is assigned;"Ministry" means the Ministry responsible for the subject of environment;"monitoring" includes the inspection, measurement, sampling or analysis of any discharge of a pollutant, or of any environmental medium in any locality, whether periodically or continuously;"national environmental standards" means standards referred to in Part VI;"National Network for Sustainable Development" means the network established under section 10;"noise" includes vibration;"non-hazardous waste" means waste other than hazardous waste;"notice" means an enforcement notice, an eyesore abatement notice, a fixed penalty notice, a programme notice, a prohibition notice, a stop order or a variation notice;"owner of a pollutant" means the owner or the person having the charge, management or control of a pollutant which is spilled or unlawfully discharged;"PER" means a preliminary environmental report referred to in section 16;"PER Committee" means the Committee set up under section 16 (5A);"Permanent Secretary" means the Permanent Secretary of the Ministry;"person responsible" means the owner or the person having the charge, management or control of an activity, enterprise, or undertaking;"pesticide residue" means any substance resulting from the use of a pesticide or of the derivation of a pesticide;"Police de l’Environnement" means the unit referred to in section 9;"pollutant" means a substance which may cause harm, damage or injury to the environment, to plant or animal life, or to human health, and includes any substance from which a pollutant is derived;"programme approval" means a programme approval referred to in section 70 (3);"programme of measures" includes steps, plans, proposals;"prohibition notice" means a notice referred to in section 72;"proponent", subject to section 26, means a person who—(a)is the owner of or who has the charge, management, or control of an undertaking; or(b)carries out or proposes to carry out an undertaking;"public comment" means a submission made under section 20 by any person, other than a public department, on an EIA;"public department" means a Ministry in the Government of Mauritius, a parastatal body or a public authority established under any enactment and includes an enforcing agency;"relevant enforcing agency" means the enforcing agency designated in the Fourth Schedule in relation to a specified medium or pollutant;"relevant local authority" means the local authority in the administrative area of which an undertaking is situated;"Rodrigues Environment Committee" means the Rodrigues Environment Committee referred to in section 90;"spill" means a discharge of a pollutant into the environment from or out of a structure, vehicle, vessel, craft, or other carrier or container, which—(a)is abnormal having regard to all the circumstances of the discharge; and(b)poses a serious threat to the environment;"standards" includes criteria and specifications;"stop order" means an order referred to in section 73;"substance" means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour, and includes mixtures of any substance, electricity and heat;"technical advisory committee" means a committee referred to in section 12;"undertaking"—(a)means an enterprise or activity, referred to in section 15 (2), or a proposal, plan or programme in respect of an enterprise or activity by a public department, a local authority, or any other person;(b)includes a modification or an addition to an undertaking;"zone" has the meaning assigned to it in section 49.[S. 3 amended by s. 3 of Act 6 of 2008 w.e.f. 15 July 2008; s. 8 (1) (a) of Act 5 of 2012 w.e.f. 1 October 2012.]4. Application of Act
This Act shall—Part II – Administration
5. The National Environment Commission
6. Functions and powers of Commission
7. Powers of Minister
Subject to any direction by the Commission, the Minister shall for the purposes of this Act—8. The Department of Environment
9. Police de l’Environnement
10. The National Network for Sustainable Development
11. Objects of National Network for Sustainable Development
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—12. Technical advisory committee
12A. Multilateral Environmental Agreements Co-ordinating Committee
Part III – Enforcing agencies
13. Enforcing agencies
14. The Environment Coordination Committee
Part IV – Environmental impact assessment
15. Prohibition to carry out an undertaking
16. Preliminary environmental report
17. Non-listed activity
18. Application for EIA licence
19. Consultancy
19A. ***
[S. 19A inserted by s. 10 of Act 20 of 2011 w.e.f. 16 July 2011; repealed and replaced by s. 15 of Act 27 of 2013 w.e.f. 21 December 2013; repealed by s. 16 (a) of Act 9 of 2015 w.e.f. 14 May 2015.]20. Public comment
21. Review of EIA
22. EIA Committee
23. Decision on EIA
24. EIA approval
25. Submission of fresh EIA
26. Transfer of undertaking
27. Effect of EIA licence
28. Exemption
28A. EIA/PER Monitoring Committee
Part V – Spill and environmental emergency
29. Emergency measures
30. Interventions of Director
31. Clean-up and removal operations
The Minister shall prescribe—32. Liability for spill
33. Recovery of expenses
34. Environmental emergency
34A. Other threat to the environment
35. Powers in case of emergency or spill
Any person engaged in an action or measure taken by the Director in the case of a spill, or in furtherance of a direction by the Prime Minister in the case of an emergency, may—36. Regulations under this Part
The Minister may make regulations under this Part—Part VI – National environmental standards
37. Issue of standards and guidelines
38. Standards for water
39. Effluent limitations
The Minister shall establish—40. Standards for air
41. Standards for noise
42. Standards for hazardous wastes
43. Standards for non-hazardous wastes
The Minister shall prescribe standards for the collection, transportation, storage, processing, disposal and recycling of non-hazardous wastes.44. Standards for pesticide residues
45. Standards for odours
The Minister shall prescribe such standards for odours as are required to preserve and maintain public health and the environment.46. Standards for built-up environment
The Minister shall prescribe such standards as are required to maintain, preserve and develop architectural harmony and aesthetic value for the built-up environment.47. Quality control of laboratories
48. Industrial waste audit
Part VII – Coastal and maritime zone management
49. Interpretation under this Part
In this Part—"coastal zone"—(a)means any area which is situated within one kilometre or such other distance as may be prescribed from the high water mark, extending either side into the sea or inland;(b)includes—(i)coral reefs, reef lagoons, beaches, wetlands, hinterlands and all islets within the territorial waters of Mauritius and Rodrigues;(ii)any estuary or mouth of a river and that part of a river, stream or canal which lies within one kilometre from the outermost point of its bank on the sea at high tide;(iii)the islands of Agalega and Saint Brandon, and other outer islets;"dumping" means—(a)any deliberate disposal of wastes or other matter from vehicles, vessels, crafts, platforms or other man-made structures at sea;(b)any deliberate disposal of vehicles, vessels, crafts, or other manmade structures at sea;"maritime zone" has the same meaning as in the Maritime Zones Act;"zone" means the coastal and maritime zones.[S. 49 amended by s. 30 (1) (a) of Act 2 of 2005 w.e.f. 1 April 2005.]50. ICZM Committee
51. Protection of zone
52. Dumping in zone
Part VIII – The Tribunal
[Heading repealed and replaced by s. 8 (1) (b) of Act 5 of 2012 w.e.f. 1 October 2012.]53. Interpretation of Part VIII
In this Part, "Tribunal" has the same meaning as in the Environment and Land Use Appeal Tribunal Act.[S. 53 amended by s. 33 (1) of Act 6 of 2008 w.e.f. 15 July 2008; repealed and replaced by s. 8 (1) (b) of Act 5 of 2012 w.e.f. 1 October 2012.]54. Jurisdiction of Tribunal
55. ***
[S. 55 amended by s. 33 (1) of Act 6 of 2008 w.e.f. 15 July 2008; repealed by s. 8 (1) (b) of Act 5 of 2012 w.e.f. 1 October 2012.]56. ***
[S. 56 amended by s. 33 (1) of Act 6 of 2008 w.e.f. 15 July 2008; repealed by s. 8 (1) (b) of Act 5 of 2012 w.e.f. 1 October 2012.]57. ***
[S. 57 amended by s. 33 (1) of Act 6 of 2008 w.e.f. 15 July 2008; repealed by s. 8 (1) (b) of Act 5 of 2012 w.e.f. 1 October 2012.]58. ***
[S. 58 repealed by s. 8 (1) (b) of Act 5 of 2012 w.e.f. 1 October 2012.]Part IX – The National Environment Fund
59. The National Environment Fund
60. Objects of Fund
The objects of the Fund shall be—61. The Board
62. Income and disbursement
63. Audit and accounts
64. Regulations in respect of Fund
The Minister may, with the approval of the Board, make such regulations as he thinks fit for the purposes of the Fund.Part X – Environment protection fee
65. Interpretation
In this Part—"designated establishment" means premises, or a set of premises, used in connection with the carrying on of any of the activities specified in the Eighth Schedule;"Director-General" has the same meaning as in the Mauritius Revenue Authority Act;"fee"—(a)means the environment protection fee specified in section 66; and(b)includes any surcharge specified in section 68;"guesthouse" has the meaning assigned to it in the Tourism Authority Act;"hotel" has the meaning assigned to it in the Tourism Authority Act;"manager", in relation to a designated establishment, means—(a)the person responsible; and(b)includes the licensee;"month" includes part of a month;"tourist residence" has the meaning assigned to it in the Tourism Authority Act.[S. 65 amended by s. 10 (a) of Act 14 of 2005 w.e.f. 21 April 2005; s. 12 (a) of Act 17 of 2007 w.e.f. 1 September 2007; s. 33 (3) of Act 6 of 2008 w.e.f. 15 July 2008.]66. Charge to environment protection fee
67. Registration of enterprise or activity
68. Penalty and interest for late payment of fee
Where a manager fails to pay any fee under section 66 on the last day on which it is payable, he shall be liable to pay to the Director-General, in addition to the fee—69. Assessment and recovery of fee
The provisions of Parts VII, VIII and IX and sections 65, 67, 68, 69, 70 and 71 of the Value Added Tax Act shall apply to the fee with such modifications, adaptations and exceptions as may be necessary to bring them in conformity with this Part.[S. 69 repealed and replaced by s. 12 (c) of Act 17 of 2007 w.e.f. 1 September 2007.]69A. ***
Part XA – Advance recycling fee
[Part XA inserted by s. 17 (c) of Act 18 of 2016 w.e.f. 7 September 2016.]69B. Interpretation
In this Part—"advance recycling fee"—(a)means the advance recycling fee specified in section 69C; and(b)includes any penalty specified in section 69E;"customs control" has the same meaning as in the Customs Act;"Director-General" has the same meaning as in the Mauritius Revenue Authority Act;"electrical and electronic equipment" means such electrical and electronic equipment as may be prescribed;"import" has the same meaning as in the Customs Act.[S. 69B inserted by s. 17 (c) of Act 18 of 2016 w.e.f. 7 September 2016.]69C. Charge of advance recycling fee
69D. Registration of manufacturer, assembler or importer
69E. Penalty for late payment of advance recycling fee
Where a manufacturer, an assembler or an importer of electrical and electronic equipment fails to pay the advance recycling fee under section 69C, he shall be liable to pay to the Director-General, in addition to the fee, a penalty of 5,000 rupees.[S. 69E inserted by s. 17 (c) of Act 18 of 2016 w.e.f. 7 September 2016.]69F. Recovery of advance recycling fee
Parts VII, VIII and IX and sections 65 and 67 to 71 of the Value Added Tax Act shall apply to the advance recycling fee with such modifications, adaptations and exceptions as may be necessary.[S. 69F inserted by s. 17 (c) of Act 18 of 2016 w.e.f. 7 September 2016.]69G. Payment into Fund
The Director-General shall, not later than 5 working days after the end of every month, pay the advance recycling fee collected by him into the Fund.[S. 69G inserted by s. 17 (c) of Act 18 of 2016 w.e.f. 7 September 2016.]Part XI – Enforcement
70. Programme approval
71. Enforcement notice
72. Prohibition notice
73. Stop order
74. General provisions on notices
In sections 75 to 78—"notice" means an enforcement notice, a stop order or a prohibition notice, as the case may be;"person affected" means a person on whom a notice is served, or is proposed to be served.75. Consultation on notices
76. Variation notice
77. Service of notice
78. Revocation of notices
79. Powers of entry
80. Entry and arrest without warrant
Where—81. Entry of a dwelling house
82. Authorised officer to produce authority
83. Obstruction of an authorised officer
Any person who in relation to the exercise of powers conferred by sections 79, 80 and 81—84. Compliance monitoring
85. Offences
86. Powers of Court
87. Prosecution and jurisdiction
88. Fixed penalties
89. Eyesores
Part XII – Application of Act to Rodrigues
[Part XII came into operation on 18 November 2002.]90. Rodrigues Environment Committee
91. Powers of Island Chief Executive
92. Regulations for Rodrigues
Part XIII – Miscellaneous provisions
93. Protection from liability
94. Disclosure of information
Where the Director or any other officer of the Department, or any person appointed on a committee or any other person discharging any function or duty under this Act, discloses otherwise than in the performance of his duty, any information relating to any trade secret used in carrying on a particular undertaking, and the information has been given to him or obtained by him by virtue of this Act, he shall commit an offence.95. Code of practice
96. Regulations
97. ***
98. ***
99. Consequential amendments
100. Commencement
History of this document
30 June 2017 this version
Consolidation
05 September 2002
Commenced