Resource information
The Act makes provision for the establishment, functions and powers, organization, etc. of the National Environment Commission, the Department of Environment and other public bodies involved in the administration of environmental affairs, for the pollution prevention measures and environmental impact assessment, the establishment of the Issue of standards and guidelines, the issue of environmental standards and guidelines, and for various other maters relating to environment protection.The Act consists of 100 sections divided into 13 Parts: Preliminary (I); Administration (II); Enforcing Agencies (III); Environmental Impact Assessment (IV); Spill and Environmental Emergency (V); National Environmental Standards (VI); Coastal and Maritime Zone Management (VII); The Environment Appeal Tribunal (VIII); The National Environment Fund (IX); Environment Protection Fee (X); Enforcement (XI); Application of Act to Rodrigues (XII); Miscellaneous Provisions (XIII).Section 4 sets out the geographical Application sphere of the Act. The National Environment Commission established under section 5 shall set national objectives and goals, and determine policies and priorities for the protection of the environment, having due regard to the recommendations of the Minister and monitor, coordinate and supervise environmental management at a national level in accordance with section 6. Powers of the Minister to whom responsibility for the subject of the environment is assigned are set out in section 7. The Department of Environment, established within the Ministry responsible for the environment, shall be administered by Director of Environment, the duties of which are set out in section 8. Section 9 provides for a Police de l'Environnement. There is established for the purposes of this Act a National Network for Sustainable Development under section 10. The objects of the National Network for Sustainable Development shall be to act as a forum for discussions and consultations on matters set out in section 11. There shall be such enforcing agencies as are designated in the Fourth Schedule in respect of such environmental medium, or such pollutant, as is specified (sect. 13). There shall be for the purposes of this Act an Environment Coordination Committee which shall ensure the maximum cooperation and coordination among enforcing agencies and other public departments dealing with environment protection, and carry out other duties listed in section 14. The First Schedule lists activities for which an Environmental Impact Assessment is required (sects. 15 to 18). An EIA Committee is established under section 22. Subject to section 37, the Minister may, for the protection and management of the environment, issue guidelines published in the Gazette on any of the environment segments listed in that section. Detailed rules for such standards and guidelines are set out in sections 38-48. An Integrated Coastal Zone Management Committee is established under section 50. The Committee shall develop an integrated management plan for coastal and maritime zones and carry out other duties listed in section 50. An Environment Appeal Tribunal is established under section 53. The Tribunal shall hear and determine appeals in matters listed in section 54. The National Environment Fund, established under section 59 shall pursue the objectives set out in section 60. The Fund shall be administered by a Board. Director of Environment may take various enforcement measures, mainly in the form of issuing notices and orders, pursuant to provisions of Part XI. The Minister may, after consultation with the Committee, cause to be published in the Gazette codes of practice for the purpose of providing practical guidance with respect to appropriate pollution control technology, and generally with respect to the protection of the environment under section 95 and make Regulations under section 96.
Implemented by: Effluent Discharge Permit Regulations 2003. (2004-03-24)
Implemented by: Environment Protection (Standards for effluent discharge into the ocean) Regulations 2003 (G.N. No. 45 of 2003). (2003-02-05)
Implemented by: Environment Protection (Standards for effluent discharge) Regulations 2003 (G.N. No. 44 of 2003). (2003-02-05)
Implemented by: Environment Protection (Environmental Standards for Noise) (Amendment) Regulations 2003 (G.N. No. 115 of 2003). (2003-07-28)
Implemented by: Environment Protection (Collection, Storage, Treatment, Use and Disposal of Used Oil) Regulations 2005 (G.N. No. 4 of 2005). (2004-12-28)
Implemented by: Environment Protection (Collection, Storage, Treatment, Use and Disposal of Waste Oil) Regulations 2006 (G.N. No. 208 of 2006). (2006-10-13)
Implemented by: Environment Protection (Affixing of Posters) Regulations 2008 (GN No. 182 of 2008). (2008-08-29)
Implemented by: Environment Protection (Control of Noise) Regulations 2008 (GN No. 114 of 2008). (2008-07-15)
Implemented by: Environment Protection (Banning of Plastic Banners) Regulations 2008 (GN No. 113 of 2008). (2008-07-09)
Implemented by: Environment Protection Fee Regulations. (2008)
Implemented by: Environment Protection (Industrial Waste Audit) Regulations 2008 (GN No. 255 of 2008). (2008)
Implemented by: Environment Protection (Designated National Authority) Regulations 2010 (G.N. No. 74 of 2010). (2010-03-04)
Implemented by: Environment Protection (Applications for PER Approval and EIA Licence)(Processing Fees) Regulations 2011 (GN No. 143 of 2011). (2011-07-06)
Implemented by: Environment Protection (Declaration of Environmental Laws) Regulations 2005 (G.N. No. 57 of 2005). (2005-04-13)
Implemented by: Environment Protection (Standards of Effluent for Use in Irrigation) Regulations 2003 (G.N. No. 46 of 2003). (2003-02-05)
Amended by: Environment Protection (Amendment of Schedule) Regulations 2006 (GN No. 142 of 2006). (2006-09-26)
Amended by: Environment Protection (Amendment) Act 2008 (No. 6 of 2008). (2008-05-08)
Amended by: Environment Protection (Amendment of Schedule) Regulations 2008 (GN No. 57 of 2008). (2008-04-01)
Amended by: Environment Protection (Amendment of Schedule) Regulations 2009 (GN No. 18 of 2009). (2009-02-04)
Amended by: Environment Protection (Amendment of Schedule) (No. 3) Regulations 2009 (GN No. 96 of 2009). (2009-08-11)
Amended by: Environment Protection (Amendment of Schedule) (No. 2) Regulations 2009 (GN No. 78 of 2009). (2009-07-07)
Amended by: Environment Protection (Amendment of Schedule) Regulations 2010 (GN No. 73 of 2010). (2010-03-22)
Amended by: Environment Protection (Amendment of Schedule) Regulations 2017 (GN No. 40 of 2017). (2017-03-03)
Amended by: Maritime Zones Act 2005 (Act No. 2 of 2005). (2005-02-28)
Amends: Rivers and Canals Act. (1992)
Amends: Territorial Sea Act, 1970. (1970-04-16)
Amends: Town and Country Planning Act. (0000)
Repeals: Environment Protection Act. (2001-06)
