Section 13: Enforcing agencies

13. Enforcing agencies (1) There shall be such enforcing agencies as are designated in the Fourth Schedule in respect of such environmental medium, or such pollutant, as is specified. (2) Subject to subsection (3), an enforcing agency and an environmental liaison officer designated by it shall have the functions, powers and duties specified in the Fourth Schedule. [Issue 2] E12 – 12 Revised Laws of Mauritius (3) Subsection (2) shall not be construed to restrict, limit or derogate from, the powers of the Minister, the Permanent Secretary or the Director under the environmental laws in respect of a medium, aspect of a medium, or any pollutant. (4) Where any enforcing agency fails for any cause or reason to take appropriate action with a view to prosecuting an offence, or issue a notice in connection with a breach, or with an alleged or suspected breach, of an environmental law, the Minister may— (a) issue such direction as he thinks fit to the enforcing agency; (b) give direction as to such action in connection with the breach or suspected breach, and the issue of such notice, as he thinks fit. (5) Where an enforcing agency fails to comply with a direction of the Minister under subsection (4) within the delay prescribed in the direction— (a) the Director may carry out the task required in the direction; (b) the Minister may report the failure of the enforcing agency to the Chairperson of the Commission for consideration. (6) The Minister may, by regulations, amend the Fourth Schedule.