Section 54: Jurisdiction of Tribunal
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.
54. Jurisdiction of Tribunal
(1) The Tribunal shall hear and determine appeals against—
(a) a decision of the Minister under section 16 (6), 17 (1), 23 (2),
23 (4), 24 (3) (a), 24 (3) (b) or 25 (1);
(b) the service of a notice by the Director under section 70 (1),
71 (1), 72 (1), 73 (1), 76 (2) or 78 (2);
(c) a decision of the Director under section 70 (4) (c).
(2) Where the Minister has decided to issue an EIA licence, any person
who—
(a) is aggrieved by the decision; and
(b) is able to show that the decision is likely to cause him undue
prejudice,
may appeal against the decision to the Tribunal.
(3) (a) Any person who has suffered damage or prejudice, as a result of
a breach of an environmental law by another person, may make a claim to
the Tribunal where the claim does not exceed 50,000 rupees.
(b) The Tribunal may, on a claim being made under paragraph (a),
make such order as it thinks fit, including an award of damages, against the
person who has caused the damage or prejudice.
(c) (i) The Tribunal shall not hear and determine a complaint under
this Act unless the person making the complaint has voluntarily made a
sworn statement, in such form as may be prescribed, that he has waived his
right to initiate civil proceedings before any Court in Mauritius in respect of
the facts that form the subject matter of the complaint.
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Revised Laws of Mauritius
(ii) A waiver referred to in subparagraph (i) shall constitute a bar to
subsequent civil proceedings being initiated by the complainant before any
Court in Mauritius in respect of the subject matter of the complaint.
(iii) In this paragraph, “civil proceedings” does not include an application made under section 17 or 83 of the Constitution.
[S. 54 amended by s. 33 (2) of Act 6 of 2008 w.e.f. 15 July 2008; repealed and replaced by
s. 8 (1) (b) of Act 5 of 2012 w.e.f. 1 October 2012.]
55. —
[S. 55 amended by s. 33 (1) of Act 6 of 2008 w.e.f. 15 July 2008; repealed by s. 8 (1) (b)
of Act 5 of 2012 w.e.f. 1 October 2012.]
56. —
[S. 56 amended by s. 33 (1) of Act 6 of 2008 w.e.f. 15 July 2008; repealed by s. 8 (1) (b)
of Act 5 of 2012 w.e.f. 1 October 2012.]
57. —
[S. 57 amended by s. 33 (1) of Act 6 of 2008 w.e.f. 15 July 2008; repealed by s. 8 (1) (b)
of Act 5 of 2012 w.e.f. 1 October 2012.]
58. —
[S. 58 repealed by s. 8 (1) (b) of Act 5 of 2012 w.e.f. 1 October 2012.]
PART IX – THE NATIONAL ENVIRONMENT FUND