COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

MAURITIUS

Mauritius - Air Pollution, EIA, Water Pollution

MOVEMENT SOCIAL DE PETIT CAMP/VALENTINA v. MINISTRY OF THE ENVIRONMENT AND QUALITY OF LIFE

MAURITIUS ENVIRONMENT APPEAL TRIBUNAL (CAUSE NO. 2/94) D. BEESOONDOYAL (CHAIRPERSON), ALLY DOSSA, AND KRISHNA NIRSIMLOO

Introduction

Movement Social de Petit Camp (appellant) appeals against the decision of the Minister of Environment and Quality of Life granting an EIA license to Maurilait Production Limitee (M.P. Ltee) to operate a factory at the DBM Industrial Estate at Valentina. Appellant argues that the this factory will cause numerous environmental problems, including dust, ash, smoke emissions, water pollution, and noise pollution.

Legislative Framework

Environmental Impact Assessment Act.

Held

The decision of the Minister of Environment and Quality of Life granting the EIA license was affirmed. The Minister did not act in an unreasonable manner in granting this EIA license.

The Tribunal found that: (1) the locality of Valentina is polluted and the pollution is caused by the Ramdenee Oil Factory and the Dye factories; (2) this pollution has affected the health of the inhabitants, the vegetation and plants, and environment of this area; (3) the Ministry of Environment and Qualitv of Life has taken steps to reduce the level of pollution and has succeeded in doing so.

When the Tribunal visited the residential locality of Valentina, it noticed black dust in some areas as well as corroded iron sheets on a house. It did not, however, notice any sort of smell connected with pollution. The Tribunal also visited the M.P. Ltee factory, and did not notice any form of pollution--the site was neat, clean and pleasant. In fact, M.P. Ltee had abided by the conditions set out in the EIA license, for example those relating to coal and the chimney's height and draft.

The Tribunal noted that the appellant had stated that inhabitants in the area of the factory had no problems with the EIA license if M.P. Ltee met the EIA licence's conditions, and that M.P. Ltee had abided by these conditions most of the time.