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The (Mauritius) C.T. Power ltd v The Ministry of Environment and Sustainable Development

Country/Territory
Mauritius
Type of court
National - higher court
Date
Jul 16, 2012
Source
UNEP, InforMEA
Court name
Environment Appeal Tribunal
Seat of court
Port Louis
Judge
P.M.T KAM SING, H. GUNESH, B. SEWRAJ
Reference number
CN: 02/2011
Language
English
Subject
Energy
Abstract

The case was an appeal against a decision of the Minister of Environment and Sustainable Development to refuse to grant an EIA licence to the company CT Power Ltd.  CT Power Ltd wanted to set up a coal fired power plant, which was regulated under the Environment Protection Act 2002. The EIA licence was rejected on the basis of the precautionary principle, and the Minister found that the site was not conducive for such a development, that a power plant would have adverse impacts on the residential areas and that negative health impacts on the inhabitants were likely.

CT Power Ltd appealed the decision on eight grounds, alleging for example that there was no threat of serious or irreversible environmental damage and no lack of full scientific certainty. The appellant also meant that the site was suitable for a power plant and that health risks would be insignificant.

The precautionary principle, the basis of the decision to reject the application, had not been made part of Mauritius law. However, the tribunal saw it as inherent to any application for an EIA licence. The principle had not previously been examined in case law.

The tribunal found that the socioeconomic benefits, provision and diversification of energy and security in energy supply outweighed the possible inconveniences of the project. An EIA licence with several conditions was given.

Full text
The (Mauritius) C.T. Power ltd v The Ministry of Environment and Sustainable Development.pdf