Environment Protection Act

Environment Protection (Affixing of Posters) Regulations 2008

[GN 182 of 2008 – 6 September 2008] [Section 96]

1. These regulations may be cited as the Environment Protection (Affixing of Posters) Regulations 2008.

2. In these regulations –

"advertisement" includes an invitation, message, slogan or notice;

"designated site" means a site designated or approved by a local authority or, where applicable, by the Road Development Authority, for affixing posters;

"distributor" includes any person involved in the distribution of the posters for the purpose of them being affixed or caused to be affixed;

"poster" means any sign, including a placard or leaflet which is affixed to street furniture, utilities, traffic signs, or placed on wall, building or other structure;

"Road Development Authority" means the Authority established under section 3 of the Road Development Authority Act;

"sign" means a visual message or notice conveyed to the public and visible from a public place displayed to advertise, inform or warn the public of a product, business, service or activity, together with any frame, supporting device and any associated ancillary equipment whose principal function is to support the message or notice.

3. These regulations shall not apply to –

(a) billboards;

(b) traffic signs;

(c) posters affixed inside a commercial premise or building;

(d) posters affixed inside a display window of a building; and

(e) direction, information or facility signs erected by or with the approval of a government authority.

4. (1) Subject to regulation 3, no person shall affix or cause to be affixed any poster in a public place or which is visible from a public place other than at a designated site.

(2) These regulations shall not exempt a person from complying with the Local Government Act, the Roads Act or such other enactment as may be applicable.

(3) The printer, person who has commissioned a poster or distributor, as the case may be, shall be presumed to have caused the poster to be affixed.

5. (1) No person shall affix or cause to be affixed a poster unless it contains the real description of the name of –

(a) the printer; and

(b) the distributor or the person who has commissioned the poster.

(2) (a) Any printer who produces a poster without his name and that of the distributor or person who has commissioned the poster, as specified in paragraph (1), shall commit an offence.

(b) A printer shall keep a record of the printing works carried by him as well as the details of the person commissioning the works, including his name, address, and such other particulars as are required to ascertain his identity.

(3) (a) An enforcing agency or an authorised officer may take any action provided for under regulation 10 where a poster which is affixed does not comply with paragraph (1).

(b) An enforcing agency or an authorised officer may inspect the record of a printer as specified in paragraph (2)(b) for the purpose of ascertaining the identity of a person who has affixed or caused to be affixed a poster.

(4) This regulation shall be without prejudice to any prosecution under regulation 8 or sections 202 and 209 of the Criminal Code.

6. Where a local authority or the Road Development Authority has designated or approved a site for the affixing of posters in a public place, it shall clearly identify the site as such and have the following markings, or its translation in the French language or such other language as is appropriate, conspicuously placed on the site "APPROVED POSTER SITE".

7. Where a poster has been in existence before 6 September 2008 and is situated on private premises but visible from a public place, and the poster does not comply with these regulations, the owner of the premises or the structure upon which the poster has been affixed shall have 30 days to comply with these regulations, and in default of which shall be liable to be prosecuted and shall, on conviction, be liable to the same penalty as provided for under regulation 8.

8. Any person who affixes or causes to be affixed a poster in contravention of these regulations shall commit an offence and shall –

(a) on a first conviction, be liable to a fine not exceeding 50,000 rupees;

(b) on a second or subsequent conviction, be liable to a fine not exceeding 250,000 rupees and to imprisonment for a term not exceeding one year.

9. Any person who otherwise contravenes these regulations shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees.

10. Without prejudice to a prosecution under regulation 8, where an enforcing agency or an authorised officer has reasonable grounds to believe that a poster has been affixed in contravention of these regulations, the enforcing agency or an authorised officer may –

(a) pull down, remove or alter the poster at the costs of the person who affixed or caused the poster to be affixed;

(b) take such other measures as are appropriate to ensure the protection of the environment.

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Environment Protection (Applications for PER Approval and EIA Licence) (Processing Fees) Regulations 2011

[GN 143 of 2011 – 1 August 2011] [Section 96(2)(c)]

1. These regulations may be cited as the Environment Protection (Applications for PER Approval and EIA Licence) (Processing Fees) Regulations 2011.

2. In these regulations –

"Act" means the Environment Protection Act.

3. There shall be levied, in respect of the processing of an application –

(a) for approval of a PER under section 16 of the Act; and

(b) for an EIA licence under section 18 of the Act,

the appropriate fee specified in the Schedule.

4. Every applicant shall pay to the Director, at the time of submitting the application, the appropriate fee specified in regulation 3.

5.

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SCHEDULE

[Regulation 3]

APPLICATION

Fees
(Rs)

Application for approval of a PER

3,000

Application for an EIA licence

15,000

[Schedule revoked and replaced by GN 212 of 2013 w.e.f. 1 October 2013.]

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Environment Protection (Banning of Plastic Banners) Regulations 2008

[GN 113 of 2008 – 12 July 2008] [Section 96]

1. These regulations may be cited as the Environment Protection (Banning of Plastic Banners) Regulations 2008.

2. In these regulations –

"barricade tape" means a strip of plastic which is of a maximum width of 10 centimetres, highly visible and of a fluorescent or reflective colour;

"plastic banner" –

(a) means a banner made of plastic or any other material containing plastic;

(b) includes bunting, barricade tape or a flag, made of plastic or any other material containing plastic.

3. (1) No person shall display or cause to be displayed any plastic banner.

(2) Paragraph (1) shall not apply to the use of barricade tape –

(a) by the police to cordon off a scene of crime, accident or incident in order to preserve evidence and control access to the site; or

(b) during demolition, excavation or construction works for the safety and security of the public.

4. Any person who contravenes these regulations shall commit an offence and shall, on conviction, be liable to a fine not exceeding 250,000 rupees and to imprisonment for a term not exceeding 2 years.

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Environment Protection (Collection, Storage, Treatment, Use and Disposal of Waste Oil) Regulations 2006

[GN 208 of 2006 – 1 November 2006] [Section 96]

1. These regulations may be cited as the Environment Protection (Collection, Storage, Treatment, Use and Disposal of Waste Oil) Regulations 2006.

2. In these regulations –

"authorised vehicle", in relation to the conveyance of waste oil, means a vehicle approved by the enforcing agency for the purpose of collection and transport of waste oil from the premises at which it is held to another place for storage, treatment, recovery or disposal;

"big generator" means a generator of which the maximum volume of waste oil generated exceeds 600 litres per month;

"carrier", in relation to the conveyance of waste oil, means a person who collects and carries waste oil in excess of 400 litres;

"container" means –

(a) an overground container made of steel or such other material as the enforcing agency may approve; or

(b) an underground container made of steel or such other material with adequate anti-corrosive protection as the enforcing agency may approve;

"enforcing agency" means the enforcing agency in relation to solid wastes and hazardous wastes;

"generator" means any person whose industrial, commercial or other activity generates waste oil;

"licensee" means a person to whom an EIA licence has been issued to treat or dispose of waste oil;

"sludge" means the residual substance generated from the treatment of waste oil by a treatment facility;

"small generator" means a generator of which the maximum volume of waste oil generated does not exceed 600 litres per month;

"treatment facility" means any site which is used, with the approval of the enforcing agency, by a licensee for the treatment of waste oil;

"waste oil" –

(a) means any oil which has become unfit for use as a result of any permanent change, physical or chemical, in its original composition and properties; and

(b) includes waste –

(i) engine and gear oil;

(ii) lubricating oil;

(iii) bilge oil;

(iv) brake oil;

(v) mineral insulating and heat transmission oil;

(vi) non-chlorinated insulating and heat transmission oil;

(vii) synthetic insulating and heat transmission oil; and

(viii) cooking oil; but

(c) does not include waste thermal oil and waste oil containing polychlorinated biphenyls or polychlorinated terphenyls in excess of 50 parts per million.

3. (1) Subject to paragraph (2), no person shall treat or dispose of waste oil unless he is a licensee.

(2) Paragraph (1) shall not apply to any person who treats or disposes of waste cooking oil in relation to his household activities.

4. Every generator shall ensure that, within his premises, where the waste oil is generated –

(a) waste oil is segregated from, and not contaminated by, other substances such as solvents, pesticides, brake fluid, antifreeze, paint thinner, engine degreasers and cleaners, water or any liquid;

(b) the container used for storing waste oil is easily accessible to the carrier for the purpose of collection;

(c) sufficient absorbent materials are readily available to absorb any waste oil, in case of an accidental spill; and

(d) any container used for storage of waste oil or sludge is labelled in such manner and form as the enforcing agency may approve.

5. Every licensee shall –

(a) ensure that any container used for storage of waste oil or sludge is labelled in such manner and form as the enforcing agency may approve;

(b) at the end of every month, draw up an inventory of the waste oil received and treated by him during that month, in the form set out in the First Schedule;

(c) within 15 days of the end of every month, forward a copy of the inventory drawn up under paragraph (b) to the enforcing agency;

(d) put in place a contingency plan providing for a prompt response and mitigating measures, in case of an accidental spill on the premises of the treatment facility.

6. Every carrier shall –

(a) transport waste oil in an authorised vehicle subject to such terms and conditions as the enforcing agency may impose;

(b) ensure that any container used for storage of waste oil or sludge is labelled in such manner and form as the enforcing agency may approve;

(c) take all precautionary measures during the transfer of waste oil to or from the main container of the carrier so as to avoid any spillage or dripping;

(d) at the end of every month, draw up an inventory of the waste oil collected by him during that month, to be drawn up in the form set out in the Second Schedule;

(e) within 15 days of the end of every month, forward a copy of the inventory drawn up under paragraph (d) to the enforcing agency;

(f) put in place a contingency plan providing for a prompt response and mitigating measures in case of an accidental spill during transportation.

7. (1) Subject to paragraphs (2), (3) and (4), every big generator and licensee shall store any waste oil on site in such containers as the enforcing agency may approve.

(2) Where the container is made of steel, the big generator or licensee shall ensure that the steel is of a thickness of not less than 6 millimetres with adequate anti-corrosion protection and facilities for filling and emptying.

(3) Where the container is an overground container with single skin, the big generator or licensee shall ensure that it is kept within bund walls and encloses enough space to accommodate the volumetric capacity of the container, in case of accidental spillage.

(4) Where the container is an underground container, the big generator or licensee shall ensure that it is –

(a) double-skinned, with an outer skin of a thickness of not less than 8 millimetres and an internal skin of a thickness of not less than 6 millimetres; and

(b) equipped with a leakage detection device between the 2 skins.

8. Every small generator shall store any waste oil on site in steel containers of a capacity of not less than 210 litres or in such other container as the enforcing agency may approve.

9. (1) No person shall dispose of waste oil through –

(a) unauthorised dumping and discharge;

(b) burial;

(c) open air burning; or

(d) placing in garbage bins.

(2) No person shall use waste oil for –

(a) protection against the formation of rust and corrosion; or

(b) road oiling,

in a manner that may endanger public health or welfare, or endanger or damage the environment.

10. Any person who contravenes these regulations shall commit an offence and shall, on –

(a) first conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 2 years;

(b) second or subsequent conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 8 years.

11. - 13.

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FIRST SCHEDULE

[Regulation 5(b)]

LICENSEE'S INVENTORY OF WASTE OIL

Name of licensee ...............................................................................................................

Address ............................................................................................................................

Return for the month of ........................................................................................................

Type of waste oil

Quantity received
(litres)

Quantity treated
(litres)

Remarks

       

Total (litres)

   

Amount of sludge generated ............................................................ (please specify unit)

Please state whether the sludge is stored on-site, treated or disposed of (please attach sheet if necessary)

I/We* certify that the above information is correct.

.............................................. ...........................................................

Date Signature

*Delete as appropriate.

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SECOND SCHEDULE

[Regulation 6(d)]

CARRIER'S INVENTORY OF WASTE OIL

Name of carrier .................................................................................................................

Address ...........................................................................................................................

Return for the month of ......................................................................................................

Date

Type of waste oil

Quantity collected (litres)

Source

Remarks

         
 

Total (litres)

     

Please give the name and address of the treatment facility or disposal site to which the collected waste oil is sent and the amount of waste oil delivered –

Name of treatment facility/disposal site ..................................................................................

Address .............................................................................................................................

Amount of waste oil delivered ...............................................................................................

I/We* certify that the above information is correct.

.............................................. .............................................

Date Signature

*Delete as appropriate.

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Environment Protection (Control of Noise) Regulations 2008

[GN 114 of 2008 – 15 July 2008] [Sections 41(1)(b) and 96]

1. These regulations may be cited as the Environment Protection (Control of Noise) Regulations 2008.

2. In these regulations –

"Act" means the Environment Protection Act;

"public place" –

(a) means a road, a marketplace, a shopping area, a thoroughfare or a place where a trade fair or any other activity of a commercial nature is organised and to which the public has access; and

(b) excludes a place of worship;

"public sector agency" includes any Ministry or Government department, local authority or statutory body.

3. (1) Notwithstanding any regulations prescribing standards for noise, no person shall make or cause to be made any noise which constitutes a nuisance.

(2) In determining whether a noise constitutes a nuisance, the enforcing agency or the authorised officer shall consider –

(a) the intensity of the noise (as perceived by the ears);

(b) the type of noise emitted;

(c) the manner in which the noise is produced; and

(d) the potential level of interference as found by the authorised officer or enforcing agency.

(3) Notwithstanding paragraph (1), a local authority may, on a written application by the person responsible for carrying out an activity specified in the Schedule, authorise such activity to be carried out on any day before 7 a.m. or after 7 p.m., subject to such condition as it may consider fit, where such an activity is being carried out in an area which is substantially used for residential purposes.

(4) No person shall keep on any premises any animal which makes noise, and which noise unreasonably interferes with the peace, comfort and convenience of another person.

4. (1) No person shall use or cause to be used a loudspeaker, amplifier, musical instrument or electrical or mechanical device for producing sound in a public place, unless he holds an authorisation from the Commissioner of Police.

(2) The Commissioner of Police may grant an authorisation under paragraph (1) –

(a) where the event relates to a social, cultural, religious or electoral activity;

(b) after consulting the relevant enforcing agency; and

(c) on such condition as he considers fit.

(3) Paragraph (1) shall not apply to any public sector agency which is making a public announcement for public health, safety and security.

5. Notwithstanding regulation 4(1), no person shall use or cause to be used any loudspeaker, amplifier, musical instrument or other electrical or mechanical device for producing sound, within a radius of 100 metres, and which unreasonably interferes with the proper running of –

(a) an educational or vocational institution during the normal hours of instruction;

(b) a health institution;

(c) a place of worship during the performance of any religious ceremony;

(d) a Court of Justice during the hours at which a Judge or a Magistrate is engaged in the discharge of his duties;

(e) a Municipal City or Town Council or a District Council during the hours at which it sits; or

(f) the Government House during the hours at which the National Assembly sits.

6. The Minister may, on written application, exempt a person from complying with regulation 3(1) in relation to any event or celebration organised, sponsored or approved by the State, subject to such condition as he considers fit.

7. Any person who contravenes these regulations shall commit an offence and shall –

(a) on a first conviction, be liable to a fine not exceeding 50,000 rupees; and

(b) on a second or subsequent conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 12 months.

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SCHEDULE

[Regulation 3(3)]

1. Construction, erection, alteration or demolition of any building or structure.

2. Excavation or filling of land.

3. Use of an air compressor, a loader or any other machine for the purposes of construction.

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Environment Protection (Declaration of Environmental Laws) Regulations 2005

[GN 57 of 2005 – 2 May 2005] [Section 96]

1. These regulations may be cited as the Environment Protection (Declaration of Environmental Laws) Regulations 2005.

2. In these regulations –

"Act" means the Environment Protection Act.

3. For the purposes of section 3 of the Act, the enactments specified in the Schedule are declared to be environmental laws.

4. –

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SCHEDULE

[Regulation 3]

ENACTMENTS DECLARED AS ENVIRONMENTAL LAWS

1. Sections 7, 10, 20, 28, 36 and 40 of the Building Control Act

2. Sections 46 and 46A of the Central Water Authority Act

3. Sections 378(m), (o), (p) and (v) and 385(g) of the Criminal Code

4. Sections 4 and 110 of the Criminal Code (Supplementary) Act

5. Section 70 of the Fisheries and Marine Resources Act

6. Sections 9 and 14(2)(b) of the Forests and Reserves Act

7. Section 4(1) and (2) of the Ground Water Act

8. Sections 115 and 117 of the Local Government Act

9. Sections 14, 17, 23 and 24A of the Pas Géométriques Act

10. Sections 18, 19, 29, 32 and 33 of the Public Health Act

11. Sections 25, 26, 65, 66, 67, 69, 87, 88, 98 and 99 of the Rivers and Canals Act

12. Sections 18, 21(1)(d), 22, 23, 24, 25, 42 and 66(a), (b), (c), (d), (f), (i), (j) and (I) of the Roads Act

13. Section 34 of the State Lands Act

14. Sections 37, 38 and 39 of the Wastewater Management Authority Act

15. Regulations 9(15), 9(17), 9(18), 9(22), 17 and 18 of the Beau Bassin/Rose Hill Regulations 1896

16. Regulations 106, 106A, 107, 115, 116, 118, 119, 126, 135 and 140 of the Municipality of Port Louis Regulations 1908

17. Regulations 32, 33, 39, 40, 46 and 47 of the Building Regulations 1919

18. Regulations 3 and 4 of the Stone Crusher and Block Making (Control) Regulations 1971

19. Regulations 3, 4, 5, 6, 7, 8, 9, 10(a), 10(b), 11 and 12 of the Pamplemousses/Rivière du Rempart District Council (Disposal of Refuse) Regulations 1995

20. Regulations 8, 12 and 14(c) and (d) of the National Parks and Reserves Regulations 1996

21. Regulations 3, 4, 5, 6, 7, 8, 9, 10, 11(a), 12, 16, 19, 20, 21, 22, 27 and 28 of the Port Louis (Collection and Disposal of Refuse) Regulations 1996

22. Regulations 3 to 13 of the Black River District Council (Collection and Disposal of Refuse) Regulations 1997

23. Regulations 3, 4, 5 and 6 of the Curepipe (Waste Management) Regulations 2000

24. Regulations 3 to 13 of the Grand Port/Savanne District Council (Collection and Disposal of Refuse) Regulations 2002

25. Grand Port-Savanne District Council (Collection and Disposal of Refuse) Regulations 2002

26. Road Traffic (Control of Vehicle Emissions) Regulations 2002

27. Local Government (Dumping and Waste Carriers) Regulations 2003

28. Regulations 12, 13 and 16 of the Beach Authority (Use of Public Beach) Regulations 2004

29. Waste Water (Standards for Discharge of Industrial Effluent into a Waste Water System) Regulations 2004

30. Regulation 3(1) of the Public Health (Restrictions on Tobacco Products) Regulations 2008

31. Rodrigues Regional Assembly (Collection of Refuse) Regulations 2008

32. Regulation 20 of the Central Water Authority (Water Supply for Domestic Purposes) Regulations 2011

33. Regulation 22 of the Central Water Authority (Water Supply for Non-Domestic Purposes) Regulations 2011

34. Municipal Council of Vacoas-Phoenix (Environment Sanitations) Regulations 2012

35. Beau Bassin/Rose Hill (Disposal of Refuse) Regulations 2013

36. District Council of Black River (Collection and Disposal of Refuse) Regulations 2013

37. District Council of Flacq (Collection and Disposal of Refuse) Regulations 2013

38. District Council of Moka (Collection and Disposal of Refuse) Regulations 2013

39. Quatre Bonnes (Collection and Disposal of Refuse) Regulations 2013

40. District Council of Pamplemousses (Collection and Disposal of Refuse) Regulations 2015

[Sch. amended by reg. 3 of GN 17 of 2009 w.e.f. 1 March 2009.]

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Environment Protection (Designated National Authority) Regulations 2010

[GN 74 of 2010 – 27 March 2010] [Section 96(2)(d)]

1. These regulations may be cited as the Environment Protection (Designated National Authority) Regulations 2010.

2. In these regulations –

"Act" means the Environment Protection Act;

"CDM" means the Clean Development Mechanism referred to in Article 12 of the Kyoto Protocol;

"CDM project" means a Clean Development Mechanism project proposed or established under the rules adopted under UNFCCC and the Kyoto Protocol;

"Chairperson" means the Chairperson of the National CDM Committee;

"Department" means the Department of Environment referred to in section 8(1) of the Act;

"Designated Operational Entity" means a validator appointed by a project participant and accredited by the Executive Board of CDM;

"DNA" means the Designated National Authority referred to in regulation 3;

"Executive Board" means the Executive Board of CDM;

"Kyoto Protocol" means the Protocol to UNFCCC adopted at the Third Conference of the parties to the United Nations Framework Convention on Climate Change in Kyoto, Japan on December 11, 1997;

"letter of approval" means a letter approving a CDM project;

"letter of no objection" means a letter encouraging a project participant to proceed with his CDM project on the basis that it is likely to achieve approval, but is not binding in nature;

"National CDM Committee" means the Committee referred to in regulation 6;

"PDD" means the Project Design Document, validated by a Designated Operational Entity;

"PIN" means a Project Identification Note;

"project participant" means any person or entity applying for a letter of approval or a letter of no objection for a CDM Project;

"UNFCCC" means the United Nations Framework Convention on Climate Change adopted in New York in 1992;

"validation" means the validation of the CDM project by a Designated Operational Entity, as required under the Kyoto Protocol.

3. (1) The Department is hereby designated as the Designated National Authority of Mauritius, which shall –

(a) be responsible for the approval of CDM projects; and

(b) exercise the powers of a designated national authority as authorised in the Kyoto Protocol.

(2) The Department shall, in the exercise of its functions –

(a) assist a project participant in applying for any proposed CDM project;

(b) identify CDM project opportunities with other agencies so as to attract investment in Mauritius;

(c) facilitate the effective and beneficial participation of the private and public sector entities in the activities of the CDM in Mauritius;

(d) establish links with the administrative bodies of CDM, including its Executive Board;

(e) establish and maintain a register of all CDM projects approved by the DNA and validated or certified in terms of the Kyoto Protocol;

(f) fulfil such other requirements as provided under UNFCCC and Kyoto Protocol; and

(g) report on any CDM projects and other related activities to the Minister.

4. No person shall carry out a CDM project in Mauritius unless he is issued with a letter of no objection or a letter of approval, as the case may be.

5. (1) Subject to paragraph (2), a person or entity may apply for a letter of no objection or a letter of approval to the DNA in the form set out in the First Schedule and the application shall be accompanied by –

(a) a PIN in the form set out in the Second Schedule;

(b) a performance summary in the form set out in the Third Schedule; and

(c) such other information as DNA may determine.

(2) In applying for a letter of no objection or a letter of approval, a project participant shall comply with the procedures specified in the Fourth Schedule.

(3) DNA shall forward any application made under paragraph (1) to the National CDM Committee for its recommendations.

(4) DNA may grant or reject an application made under paragraph (1).

(5) Where DNA is satisfied that the CDM project complies with the sustainable development criteria and indicators specified in the Fifth Schedule, it may, on the recommendations of the National CDM Committee, grant the application.

(6) Where an application is granted under paragraph (5), the Director –

(a) shall issue to the project participant a letter of approval or a letter of no objection in the form set out in the Sixth or Seventh Schedule, as the case may be; and

(b) may impose such terms and conditions as he may determine.

(7) Where DNA rejects an application, the Director shall, by registered post and within 7 working days of the decision, notify the project participant in writing of that decision and the reasons thereof.

(8) Where a project participant is dissatisfied with the decision of DNA, he may appeal to the Minister in such form and manner as the Minister may determine.

(9) An appeal under paragraph 8 shall –

(a) be made in writing within 21 days from the date of receipt of notice of the decision of the DNA; and

(b) contain the grounds of appeal.

(10) (a) The Minister may, within 30 working days from receipt of the appeal, confirm, reverse or alter the decision of the DNA.

(b) The decision of the Minister shall be forthwith notified to the project participant by registered post.

6. (1) There shall be for the purpose of these regulations a National CDM Committee which shall –

(a) examine any application for a letter of no objection or a letter of approval for a CDM project; and

(b) make recommendations to DNA regarding the application in such manner as it may determine.

(2) The National CDM Committee shall, while examining an application, take into account the sustainable development criteria and indicators specified in the Fifth Schedule.

(3) The National CDM Committee shall consist of –

(a) the Director, who shall be the Chairperson;

(b) a representative of the Ministry responsible for the subject of finance;

(c) a representative of the Ministry responsible for the subject of renewable energy and public utilities;

(d) a representative of the Ministry responsible for the subject of industry;

(e) a representative of the Ministry responsible for the subject of local government;

(f) a representative of the Ministry responsible for the subject of agriculture; and

(g) a representative of the Board of Investment.

(4) The Permanent Secretary shall appoint –

(a) an officer of the Department to act as Secretary to the National CDM Committee;

(b) such other officers of the Department as may be necessary to assist the National CDM Committee in the exercise of its functions.

(5) The Chairperson may co-opt such other person as may be of assistance in relation to any matter before the CDM Committee and the co-opted member shall have no right to vote.

(6) At any meeting of the National CDM Committee, 4 members shall constitute a quorum.

(7) The National CDM Committee shall regulate its meetings and proceedings in such manner as it may determine.

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FIRST SCHEDULE

[Regulation 5(1)]

APPLICATION FORM FOR LETTER OF APPROVAL OR LETTER OF NO OBJECTION

Project reference number (office use only)

 

Date received (office use only)

 

SUBMISSION OF CDM PROJECT

Notes on completing this application form

• Please provide this application form in both hard copy (one copy) and electronic formats (MS Word)

• Please ensure that all fields are filled in as far as possible to allow for proper consideration of the proposed project. Please indicate if information is not available for any particular item and reasons for the unavailability of information.

• Please attach any other permit or authorisation that may be of relevance to the submission (such as Environmental Impact Assessment records of decision).

PROJECT PARTICIPANT

 

Project details

 

Project name

 

Submission of –

(please put an X in the appropriate box)

Note – this application form shall be accompanied by the completed PIN or PDD

Project Identification Note (PIN)

and

Project Design Document (PDD)

Date of submission

dd/mm/yy

Has this project been reviewed previously by the DNA?

Yes/No

If yes – please give date of initial submission, whether it was a request for final approval or letter of no objection, and summarise outcome of the DNA review (1-2 lines).

Project location

Please give address

Type of project

Please select from the following (underline) –

• Energy supply'¢ Energy demand

• Industrial processes

• Transport

• Waste management

• Forestry/land use

• Other (please specify)

Greenhouse gases targeted

Specify and provide estimated emissions reductions of each to be provided by the project (tonnes) –

Project start date

dd/mm/yy –

Project end date

dd/mm/yy –

First year of CER delivery

 

Total CDM contribution sought (rupees)

Give figure as total amount and as percentage of total costs of project

Name of organisation

 

Organisational category

Select most applicable (underline) –

• National government

• Government agency

• Provincial government

• Local authority

• Private company

• Non-governmental organisation

• Other (specify)

Address

 

Postal address (if different from above)

 

Contact person(s)

 

Email address(s)

 

Telephone numbers

Office –

Cell –

Fax number(s)

 

Project partners

 

Name(s) of organisation

 

Organisational category

Select most applicable (underline) –

• National government

• Government agency

• Provincial government

• Municipality

• Private company

• Non-governmental organisation

• Other (specify)

Postal address

 

Contact person(s)

 

Email address(es)

 

Telephone number(s)

Office –

Mobile –

Fax number(s)

 

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SECOND SCHEDULE

[Regulation 5(1)(a)]

PROJECT IDENTIFICATION NOTE (PIN)

Project reference number (office use only)

 

Date received (office use only)

 

Notes on completing this Project Identification Note

 

• Please provide this PIN in both hard copy (one copy) and electronic formats (MS Word).

• The information submitted to the DNA in this PIN shall remain confidential.

• Please ensure that all fields are filled in as far as possible to allow for proper consideration of the proposed project.

• Please indicate if information is not available for any particular item and reasons for the unavailability of information.

PART I – PROJECT PARTICIPANT DETAILS

Project name

 

Date of submission of PIN

 

Project participant

 

Name

Name of project company/participant(Note – this is the name of the project owner, not the name of any other party acting on behalf of the project owner)

Organisational category

Select most applicable –National government/government agency/provincial government/municipality/private company/non-governmental organisation/other (give details)

Legal status

For example – privately held company/limited company/limited partnership

Address

 

Postal address (if different from above)

 

Website address

 

Main activities (not more than one paragraph)

 

Summary of financial performance in last fiscal year

Summarise financials (total assets, revenues, profits) in 5 lines or less

Contact person(s)

 

Telephone number

Work Mobile

Fax number

 

Email address

 

Contractual arrangements

 

Contractual arrangements between various entities involved

Provide a brief description of the contractual and/or legal relationship(s) between the various key business entities, including owner(s) of the future CERs. (If applicable)

PART II – PROJECT OVERVIEW (TECHNICAL SUMMARY, LOCATION AND SCHEDULE)

Technical summary of project

 

Objective of project

Describe in less than 5 lines

Project description

Present a brief description of the project (approximately half page A4)

Identify the main processes and activities involved in the project. A flow diagram showing the processes/materials and/or products involved may be used to complement the description (over and above the half page A4)

Technical summary of project

Project constraints

Is there any constraint affecting project operations or commissioning? (Brief description – one paragraph or less)

Note

these may be due to energy supply, infrastructure, other resources etc.

Technology to be employed

Describe in less than 5 lines.

Has the technology been previously tried and tested in Mauritius or internationally? If yes, provide details (one paragraph)Have the project operators had any previous experience or expertise regarding the operation of technology? If yes – provide brief details (1-2 lines)

Greenhouse gases targeted

Identify which greenhouse gas(es) this project will target

[Note – CDM projects must result in a reduction of one of the following greenhouse gases – CO2

 

CH24

/ N2

O/ HFCs/ PCFs/SF6]

Emission reductions

Indicate the expected emission reductions that will occur due to the project

[Note – please provide annual and total emission reductions in tonnes CO2 equivalent]

Baseline and additionality assessment

Provide an indication of the baseline and additionality approach to be used, with a brief explanation of why the Project is additional as defined under the Kyoto Protocol

Monitoring

Describe the parameters that will be used as performance indicators that will be monitored to verify that emissions reductions are taking place

[Note – parameters may include emissions output, energy production, energy sales, environmental impacts]

Technical summary of project

Type of project/activities

Identify which type of activity is involved in this project and provide brief details for each type of activity

(1) Energy supply

Select if applicable – renewable energy, excluding biomass/biomass/cogeneration/improving energy efficiency by replacing existing equipment/minimisation of transport and distribution/ fuel switch/other

Provide details (1-2 lines)

(2) Energy demand

Select if applicable – replacement of existing household equipment/improvement of energy efficiency of existing production equipment/other

Provide details (1-2 lines)

(3) Industrial process

Provide details (1-2 lines)

(4) Transport

Select if applicable – more efficient engines for transport/modal shift/fuel switch/other

Provide details (1-2 lines)

(5) Waste management

Select if applicable – capture of landfill methane emissions/utilisation of waste and waste water emissions/ other

Provide details (1-2 lines)

(6) Forestry/land use

Provide details (1-2 lines)

(7) Other

Provide details (1-2 lines)

Technical Summary of project

Project boundary

Define the project boundary (approximately one paragraph)

[Note – a project boundary refers to all emissions which are under the control or directly affected by the CDM project activity. Such a boundary can encompass equipment, processes and process flows.]

Indicate emissions outside the project boundary

[Note – significant and measurable net emissions of GHG that are attributable to the project outside the project boundary]

Location of project

 

Province

 

Municipality

 

Nearest city/large town

 

Brief description of the location of the project site

Not more than 3 – 5 lines

Project schedule/timetable

 

Earliest project start date

Year/month

When is the expected first year of CER delivery

Year

Project lifetime

No. of years

Project end date

Year/month

Crediting period

Has a crediting period for the project been identified? If yes – which option has been selected (10 years or X times 7 years, with reassessment of baseline for renewal every 7 years?

Project schedule/timetable

Current status or phase of the project

Select most applicable

Under discussion/planning/preparation/construction or other actions already commenced/other (explain)

Please provide brief details (1-2 lines)

DNA approval

Has this project been submitted to the DNA for approval previously?

If yes – provide date of last submission and brief details of the response from the DNA (one paragraph)

Provide details of any other official response by the DNA regarding this project

Approval by other bodies

Has this project or any elements of the project been submitted to any other national or local government departments or agencies for regulatory or legal approval (excluding EIA process – see Part C)? If so, provide brief details

_______________

THIRD SCHEDULE

[Regulation 5(1)(b)]

PERFORMANCE SUMMARY

Fill in the sections in the column marked **

 

Criteria

Indicators

Project participant's assessment**

Office use

 

1.0

Does the proposed CDM project contribute to economic development in Mauritius?

Economic

1.1

Impact of the project on direct employment

     

1.2

Impact of the project on indirect employment

     

1.3

Sustainability of balance of payments

Impact of the project on foreign exchange requirements

 

Impact of the project on foreign direct investment

 

1.4

Hard currency expenditures on technology, replicability and contribution to technological self-reliance

Demonstration and replication potential of the project

 

Positive or negative implications for the transfer of technology to Mauritius arising from the project

 

1.5

Impact of the project on energy

Reducing the burden on the imports of energy/security of energy supply

 
   

Reduction of energy intensity (energy used per unit product)

 
   

Increasing share of renewable energy in energy supply

 

1.6

Impact of the project on growth and linkages leading to higher contribution to GDP

     

1.7

Impact of the project on investment in priority sectors

     

1.8

Impact of the project on micro-economy

Impact of the project on existing economic activity in the area

     
   

Impacts of the project on local skills development

     

1.9

Impact of the project on industrial competitiveness

 
 

2.0

Does the project contribute to social develop-ment in Mauritius?

     

Social

2.1

Impact of the project on employment quality/levels

Number of jobs created/lost

     

Duration of time employed

     

Distribution of employment opportunities

     

Types of employment

     

Changes in skill levels

     

Promotion of gender equity

     

2.2

Impact of the project on welfare

Improvement of Infrastructure

     
   

Poverty alleviation

     
   

Access to affordable clean energy services

     
   

Improvement of quality of life and well-being

     

2.3

Impact of the project on human capacity

Empowerment/community participation

     

Education/transfer of technical skills

     

Gender equality

     

2.4

Impact of the project on health/reduction of health hazards

 

Others Environmental

3.0

 

Does the project protect the environment?Are disturbances and losses avoided, or where they cannot be avoided, are they minimised and remedied in a responsible manner?

 

3.1

Impact of the project on air quality

       
 

3.2

Impact of the project on land

soil condition – soil pollutants, erosion and land use changes

     
     

solid waste – generation and disposal

     
 

3.3

Impact of the project on water resources

water quantity – availability and access

   
 

water quality

     
 

3.4

Impact of the project on conservation/contribution to biodiversity

       
 

3.5

Impact of the project on any other pollutants-including solid, liquid and gaseous wastes

       
 

3.6

Impact of the project on the efficiency and sustainability of use of natural resources

       
 

3.7

Any other positive or negative environmental impacts of the project

noise

   
     

safety

     
     

visual impacts/landscapes

     
     

traffic

     
     

others (e.g. heat, electromagnetic radiation, etc.)

 
 

4.0

Other impacts

       
 

4.1

Support for corporate social responsibility activities derived from the CDM project activity

       
 

4,2

Contribution of the project to any government or specific sectoral objectives

       
 

4.3

General project acceptability

Reasonable and fair distribution of project benefits

     
 

Alignment with the spirit of the Kyoto Protocol

     

_______________

FOURTH SCHEDULE

[Regulation 5(2)]

PROCEDURES FOR APPLICATION OF LETTER OF NO OBJECTION
AND LETTER OF APPROVAL

1. Application for letter of no objection

(1) A project participant may request for a letter of no objection from DNA for a proposed project prior to its validation by the Designated Operational Entity.

(2) The request shall be in writing and shall be accompanied by the completed application form set out in the First Schedule, the appropriate PIN set out in the Second Schedule and the performance summary set out in the Third Schedule.

(3) DNA shall issue a notice or letter acknowledging the procedural correctness of the application submitted for a letter of no objection within 10 working days of receipt of the application.

(4) The request may be made at any time before an EIA, if required, is prepared.

(5) DNA may refer the application back to the project participant for further information, documentation or action, in which case the project participant shall submit a fresh application in the form and manner specified under subparagraph (2).

(6) Where the Director is satisfied that the project participant has submitted all documents required under subparagraph (2), he shall, within 10 working days of the notice or letter of ackn

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