The (Mauritius) C.T. Power ltd v The Ministry of Environment and Sustainable Development Pays/Territoire Maurice Type de cour Nationale - cour supérieure Date Jul 16, 2012 Source UNEP, InforMEA Nom du tribunal Environment Appeal Tribunal Siège de la cour Port Louis Juge P.M.T KAM SING, H. GUNESH, B. SEWRAJ Numéro de référence CN: 02/2011 Langue Anglais Sujet Énergie Résumé 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. Texte intégral The (Mauritius) C.T. Power ltd v The Ministry of Environment and Sustainable Development.pdf