Section 70: Programme approval

70. Programme approval (1) Where he is of opinion that a person is contravening, or is likely to contravene an environmental law, the Director may serve, or cause to be served, on him a programme notice— (a) stating the opinion of the Director; (b) specifying the matter constituting the contravention, or the matter making it likely that a contravention will arise, as the case may be; (c) requesting the person to submit for his approval before a specified date a written programme of measures which the person intends to take to remedy the contravention, or to eliminate the likelihood of a contravention. (1A) Where he is satisfied that an activity or an existing structure is causing harm to the environment without contravening an environmental law, the Director may issue a programme notice to any person responsible for the activity or the existing structure. [Issue 9] E12 – 44 Revised Laws of Mauritius (2) The Director may— (a) hold consultations with the person to determine the appropriate method of remedying the contravention or eliminating the likelihood of a contravention; (b) consult a technical advisory committee or the Committee; (c) request the person to submit such additional information, proposal or research study as he may deem appropriate. (3) On approving a programme of measures, the Director shall issue or cause to be issued a programme approval stating— (a) the notice issued under subsection (1); (b) the measures that shall be taken to remedy the contravention or eliminate the likelihood of a contravention; and (c) the period within which the measures shall be implemented. (4) The Director may— (a) supervise and issue directions in respect of the implementation of the measures contained in the programme approval; (b) with the consent of the person, modify the programme approval; (c) at any time, revoke a programme approval. (5) No person shall be prosecuted for a contravention in respect of which a programme approval is in force. (6) Where— (a) a person fails to comply with— (i) a request in a notice under subsection (1); (ii) a programme approval issued under subsection (3); (iii) any direction issued under subsection (4); or (b) a programme approval is revoked under subsection (4), the Director may issue or cause to be issued an enforcement notice or a prohibition notice. [S. 70 amended by s. 25 of Act 6 of 2008 w.e.f. 15 July 2008.]