Section 156A: Control of waste

156A. Control of waste (1) The Permanent Secretary shall make arrangements for— (a) the collection and disposal of waste; (b) the operation and management of disposal sites. (2) In making arrangements under subsection (1), the Permanent Secretary shall— (a) comply with such standards and code of practice as may be issued under the Environment Protection Act; (b) consult the Environment Coordination Committee. (3) The Minister may make regulations to give effect to the arrangements made. (4) The regulations may provide for— (a) the issue, amendment and revocation of licences; (b) the taking of fees and the levying of charges; (c) the removal of waste unlawfully deposited and the recovery of expenses incurred for the removal; [Issue 9] E12 – 58 Revised Laws of Mauritius (d) any matter relating to enforcement, including the issue of enforcement notices, powers of entry, search and arrest, and the seizure of any vehicle, object or thing used in the commission of an offence under the regulations. (5) The regulations may— (a) make different provisions for different categories of waste, and for different disposal sites; (b) provide that a person who contravenes them shall commit an offence, and shall on conviction be liable to a fine not exceeding 25,000 rupees, and to a term of imprisonment not exceeding 5 years; (c) provide that, in addition to the punishment under paragraph (b), the Court may order the forfeiture of any vehicle, object or thing used in the commission of the offence. (6) Subject to any requirements imposed under the Environment Protection Act, the Minister may by notice in the Gazette designate a disposal site. (7) Notwithstanding section 114 of the Courts Act, and section 72 of the District and Intermediate Courts (Criminal Jurisdiction) Act, a Magistrate shall have jurisdiction to try all offences under this section and under any regulations made under this section. (Subsec. (6) not in operation.) (7) – (9) — (Subsec. (7) to (9) came into operation on 1 December 2003.) (10) The Rivers and Canals Act is amended— (a) in section 26, by deleting subsection (2) and renumbering the subsection (3) as subsection (2); (b) in section 68, by deleting paragraphs (c), (i) and (j); (c) by repealing sections 70, 87, 88 and 91. (Subsec. (10) not in operation.) (11) – (12) — (Subsec. (11) and (12) came into operation on 1 December 2003.] E12 – 59 [Issue 2] Environment Protection Act (13) The Town and Country Planning Act 1990 is amended— (a) in section 2, by inserting in their appropriate places the following definitions— “EIA licence” has the meaning assigned to it in the Environment Protection Act; “preliminary environment report” has the meaning assigned to it in the Environment Protection Act; “undertaking” has the meaning assigned to it in the Environment Protection Act; (b) in section 12— (i) by inserting after paragraph (a) the following paragraph— (b) the provisions of Part IV of the Environment Protection Act and any standards issued under that Act; (ii) by renumbering the existing paragraphs (b) to (e) as paragraphs (c) to (f) accordingly; (c) in section 13, by deleting the expression “A development order” where it first occurs, and replacing it by the following words— “Subject to section 14 A, a development order”; (d) by adding after section 14 the following section—