Section 16: Preliminary environmental report

16. Preliminary environmental report (1) A PER in respect of an undertaking specified under Part A of the First Schedule shall be— (a) in conformity with such policy or environmental guidance as may be published in respect of an undertaking and in such form as the Director may approve; (b) duly signed by the proponent of the undertaking or his duly appointed legal representative; and (c) deposited at the Director’s office in 10 copies or in such additional copies as the Director may request. (2) A PER shall contain a description of the undertaking with particulars of— (a) its location and its surroundings; (b) its process, design and size; E12 – 15 [Issue 9] Environment Protection Act (c) any data or information necessary to identify and assess the effects which the undertaking is likely to have on the environment, people and society; (d) the measures which the proponent proposes to take to avoid, reduce and, where possible, remedy any significant effect that the undertaking is likely to have on the environment; and (e) such other aspects of the undertaking as the Director may require. (3) A PER shall be accompanied by— (a) a site plan indicating the location of the undertaking; (b) a non-technical summary, where the report is prepared by a consultant; (c) a certificate issued by a notary expressing his opinion as to the ownership of the land on which the undertaking is to be executed, or where the proponent is not the owner of the land, by written evidence of the permission of the owner, and a certificate issued by a notary expressing his opinion as to the owner’s title. (4) The Director may request— (a) from the proponent, additional information specified in the guidelines issued by the Director; (b) any public department, an enforcing agency, any nongovernmental organisation or any other person, to submit its or his observations in writing on the PER within not more than 14 days from such request. (5) (a) The Director shall, within 14 days of receiving such information or observations as he may have requested under subsection (4), review the PER submitted by the proponent and refer it to the PER Committee. (b) The PER Committee shall examine the PER in the light of the Director’s review and make such recommendations to the Minister as it thinks fit. (5A) (a) There shall be set up a PER Committee consisting of— (i) the Director or his representative, who shall be the Chairperson; (ii) a representative of each of the Ministries responsible for the subject of— (A) agriculture; (B) health; (C) wastewater; (D) water resources; (iii) the Chief Executive of the relevant local authority. (b) An officer of the Department designated by the Director shall act as Secretary to the Committee. [Issue 9] E12 – 16 Revised Laws of Mauritius (c) The Committee may, with the approval of the Permanent Secretary and where the examination of a PER so requires, co-opt an officer of the Department or a representative of the Ministry responsible for the subject of fisheries, housing and lands, tourism or public infrastructure or of the Irrigation Authority or any other public officer to attend and participate in a meeting of the Committee. (d) At any meeting of the Committee, 5 members including the Chairperson shall constitute a quorum. (e) No co-opted member shall have the right to vote. (f) Subject to this section, the Committee shall conduct its proceedings in such manner as it thinks fit. (6) On being referred a PER under subsection (5), the Minister may— ries, housing and lands, tourism or public infrastructure or of the Irrigation Authority or any other public officer to attend and participate in a meeting of the Committee. (d) At any meeting of the Committee, 5 members including the Chairperson shall constitute a quorum. (e) No co-opted member shall have the right to vote. (f) Subject to this section, the Committee shall conduct its proceedings in such manner as it thinks fit. (6) On being referred a PER under subsection (5), the Minister may— (a) approve the report with such conditions as he deems appropriate; (b) reject the report; or (c) request submission of an application for an EIA licence in respect of the undertaking to which the report relates. (7) Where a request is made under subsection (6) (c), the application for an EIA licence shall be in the same form and be processed in the same manner as if the undertaking were an undertaking under Part B of the First Schedule. (8) Where a PER contains any false or misleading information or any material omission, the Minister may revoke an approval granted under this section. (9) Any proponent who gives false or misleading information, or fails to disclose any material fact or information in a PER, shall commit an offence. (10) Any person who fails to comply with a term or condition attached to an approved PER shall commit an offence. (11) Notwithstanding the approval of a PER under subsection (6), the Minister shall, in respect of that PER, have the same powers as those conferred upon him by section 24 (3) in respect of an EIA licence, and any person who fails to comply with a direction or requirement issued under this subsection shall commit an offence. [S. 16 amended by ss. 8 and 33 (2) of Act 7 of 2008 w.e.f. 15 July 2008; s. 6 (b) of Act 4 of 2017 w.e.f. 20 May 2017.]