COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

MAURITIUS

Mauritius - EIA, Public Nuisance

STE WIEHE MONTOCCHIO & CIE v. MINISTER OF THE ENVIRONMENT AND QUALITY OF LIFE

MAURITIUS ENVIRONMENT APPEAL TRIBUNAL (CAUSE NO. 2/95) D. BEESOONDOYAL (CHAIRPERSON), ALLY DOSSA, AND KRISHNA NIRSIMLOO

Introduction

Ste Wiehe Montocchio & Cie (appellant) appealed against a decision of the Minister of Environment & Quality of Life refusing to grant a license to operate a poultry project at the St. Felix Industrial Estate at Chamouny. The Minister refused to grant the EIA license noting: (1) its incompatibility for a residential area, and (2) the potential risk of nuisance to nearby neighbours by noise, odour and fly proliferation.

Legislative Framework

Environmental Impact Assessment Act.

Held

The Environment Appeal Tribunal revoked the Minister of Environment & Quality of Life's decision refusing to grant an EIA license. The Tribunal noted that this case rested on factual matters. The Tribunal visited the proposed project site and found that both the site and buildings are suitable for the project, as there is adequate distance between the project and a neighbouring house. In addition, the site is well-fenced and the two buildings on the site are spacious and well-aerated. Finally, appellant promises to maintain the project, as well as to abide by the conditions imposed by the Ministry of Health.

The Tribunal ordered that an EIA license be granted to appellant on the condition that the two buildings at the poultry project be made flyproof, that litter is properly removed and disposed of, that the buildings and premises are cleaned and disinfected after each production cycle to the satisfaction of the Ministry of Health, and that no nuisance by virtue of noise, odour and fly proliferation is caused to the nearby residents.

The Tribunal also noted that the Ministry of Health is responsible for monitoring for compliance with conditions set forth in an EIA license, but it is the Ministry of Environment & Quality of Life's EIA Committee which makes the decision about whether or not to grant an EIA license.