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Section 71: Enforcement notice

Environment Protection Act · PART XI: ENFORCEMENT

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.

71. Enforcement notice (1) Where he is of the opinion that— (a) a person is contravening or is likely to contravene an environmental law; and (b) a programme approval will not provide an effectual remedy, or a prohibition notice is not appropriate, continued on page E12 – 45 E12 – 44 (1) [Issue 9] Revised Laws of Mauritius the Director may cause to be served on the person an enforcement notice. (2) An enforcement notice shall— (a) state the opinion of the Director; (b) specify the matter constituting the contravention, or the matter making it likely that the contravention will arise, as the case may be; (c) specify the measures that shall be taken to remedy the contravention, or to remedy or eliminate the matter making it likely that the contravention will arise, as the case may be; and (d) specify a period within which those measures shall be implemented. (3) No person shall be prosecuted for a contravention in respect of which an enforcement notice was issued as long as the notice is in force. (4) Any person who fails to comply with an enforcement notice shall commit an offence.

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