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Section 18: Application for EIA licence

Environment Protection Act · PART IV: ENVIRONMENTAL IMPACT ASSESSMENT

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.

18. Application for EIA licence (1) A proponent applying for an EIA licence in respect of an undertaking specified in Part B and Part C of the Fifth Schedule, or in accordance with a request under section 16 (6) (c) or 17 (1), shall submit to the Director an EIA report— (a) in electronic form, and in 15 printed copies, and such additional copies as the Director may reasonably require; (b) signed by the proponent or his duly appointed legal representative and countersigned by the consultant referred to in section 19 who prepared the report; (c) accompanied by— (i) satisfactory proof of ownership of the undertaking; (ii) a site plan prepared and signed by a land surveyor; (iii) a non-technical summary of the report; (iv) 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. (2) The EIA report shall contain a true and fair statement and description of the undertaking as proposed to be carried out by the proponent, and shall include— (a) the name and address of the proponent; (b) the ownership of the undertaking and of the land on which it is being conducted; (c) the name, address and qualifications of the consultant who prepared the EIA; (d) the precise location and surroundings of the undertaking, the zoning of the site and the number of similar undertakings in the area; (e) the principle, concept and purpose of the undertaking; (f) the direct or indirect effects that the undertaking is likely to have on the environment; (g) an assessment of the social, economic and cultural effects which the undertaking is likely to have on the people and society; [Issue 9] E12 – 18 Revised Laws of Mauritius (h) any action or measure which the proponent proposes to take to avoid, prevent, change, mitigate or remedy, as far as possible, the likely effects of the undertaking on the environment; (i) an assessment of the inevitable adverse environmental effects that the undertaking is likely to have on the environment, people and society, where it is implemented in the manner proposed by the proponent; (j) an accurate assessment of the irreversible and irretrievable commitment of resources which will be involved in the undertaking, where it is implemented in the manner proposed by the proponent; (k) any alternative manner or process in which the undertaking may be carried out so as to cause less harm to the environment; (l) an environmental monitoring plan; (m) information pertaining to the decommissioning of the project at the end of its life cycle and associated impacts, proposed measures to return the site as far as possible to its former state, or rehabilitation measures; (n) in the case of a new infrastructure proposal, an environmental management plan to be implemented during the construction phase; and (o) such other information as may be necessary for a proper assessment and review of the potential impact of the undertaking on the environment, people and society.

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