Section 23: Decision on EIA

23. Decision on EIA (1) Subject to subsections (3) and (4), the Minister shall, after taking into consideration the recommendations of the EIA Committee, make his decision on the EIA within 7 days of the receipt of the recommendations. (2) The Minister may— (a) subject to section 24, approve the issue of an EIA licence on such terms and conditions as he may determine; or (b) disapprove the EIA and reject the application. (3) Where the Minister is unable to make a decision, he shall refer the EIA to a technical advisory committee set up under section 12 with instructions to advise him within 14 days on such issues as are set out in the terms of reference. (4) The Minister shall, within 14 days of the receipt of the advice of the technical advisory committee and, in the light of the advice of that committee, approve the EIA subject to such terms and conditions he may determine, or disapprove the EIA and reject the application. (5) The Director shall, as soon as possible but not later than 7 working days after the day on which the Minister makes his decision, give notice in the Gazette and in the newspapers in which notice of application was given pursuant to section 20 (2), of a summary of the decision of the Minister to approve or reject the EIA stating the place where the full decision may be available. (6) Subject to an appeal under sections 56 and 57, the decision of the Minister shall be final and binding. (7) The Director shall comply with and give effect to the decision of the Minister under subsection (2) or (4). [Issue 7] E12 – 22 Revised Laws of Mauritius (8) Where an EIA is approved by the Minister, the Director shall issue an EIA licence on the terms and conditions specified by the Minister. (9) Any person who fails to comply with a term or condition attached to an EIA licence shall commit an offence. [S. 23 amended by s. 12 of Act 6 of 2008 w.e.f. 15 July 2008.]