Section 15: Prohibition to carry out an undertaking
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
15. Prohibition to carry out an undertaking
(1) Subject to subsection (2) and section 17, no person shall be required
to provide a PER or an EIA in respect of any activity or project other than an
undertaking.
(2) No proponent shall commence, or cause to be commenced,—
(a) a proposed new undertaking specified in Part A of the Fifth
Schedule, without an approval of a PER in accordance with section 16;
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Revised Laws of Mauritius
(b) a proposed new undertaking specified in Part B of the Fifth
Schedule, without an EIA licence;
(c) any undertaking, more than 3 years after the issue of an EIA
licence or PER approval unless the Minister, in circumstances
beyond the control of the proponent, otherwise determines, in
respect of that undertaking.
(3) A proponent, other than a proponent applying through the Board of
Investment, shall, at least one month before submitting his application for an
EIA licence under section 18, provide the Director with an outline of his
proposed undertaking, including its location, nature and scope.
(4) On the basis of the outline submitted under subsection (3), the Director
may, within 2 weeks from the date of the submission, impose the terms of
reference for the EIA report, the fields of study that are required to be covered,
and the levels of expertise and the qualifications of the consultants signing
the report.
(5) The Director may—
(a) refuse to consider an application for an EIA in respect of which
an outline in terms of subsection (3) has not been submitted;
(b) dispense a proponent the requirement under subsection (3).
(6) Notwithstanding subsection (2), a proponent may prepare a feasibility
study, or do any research, or any other act in furtherance of an application
for an EIA licence or a submission of a PER in respect of an undertaking.
(7) A proponent shall inform the Director of any act proposed to be undertaken under subsection (6).
(8) Any proponent who contravenes subsection (2) shall commit an offence.
[S. 15 amended by ss. 7, 33 (2) and 33 (3) of Act 6 of 2008 w.e.f. 15 July 2008; s. 6 (a) of
Act 4 of 2017 w.e.f. 20 May 2017.]