IN THE ENVIRONMENT AND LAND USE APPEAL TRIBUNAL In the matter of - ECO-SUD, @ duly registered Association, electing its legal domicile in the office of the undersigned Attorney at Law situate at Suite 409, Chancery House, Lislet Geoffroy Street, Port Louis Appellant 1. The Minister of Social Security, National Solidarity, and Environment and Sustainable Development (Environment and Sustainable Development Division), The Honourable Marie Joseph Noél Etienne Ghislain SINATAMBOU, of Ken Lee Tower, Chr Barracks & St Georges Streets, Port-Louis; 2. Ministry of Social Security, National Solidarity, and Environment and Sustainable Development (Environment and Sustainable Development Division), represented by its Permanent Secretary, of Ken Lee Tower, Cnr Barracks & St Georges Streets, Port-Louis. Respondents In the presence of: 1, Pointe d’Esny Lakeside Company Ltd ,c/o Compagnie de Beau Vallonitée, Riche en Eau , St Hubert; 2. The Ministry of Agro-Industry and Food Security, represented by its Permanent Secretary, Of Level 8-9, Renganaden Seencevassen Building, Port Louis Co-RespondentsSTATEMENT OF CASE OF THE APPELLANT STATEMENT OF CASE OF THE APPELLANT 1. The Appellant is an Association duly registered with the Registrar of Associations and its objectives consist of, inter alla, to protect the environment and to promote the balance between development and protection of the environment. 2 The Appellant has therefore a legitimate interest in the protection of the natural environment withintheterritoryofMauritius. 3. The Appellant is challenging the EIA Licence granted by the Respondents on the 31 January 2019 to the Co-Respondent No.1 for the proposed construction of a “Inland Integrated Residential Development under the Property Development Scheme comprising a residentiel mix of 172 villas, 278 apartments and penthouses, 100 duplexes, 105 serviced lots with associated facilities” - at Pointe d’Esny. The decision of the Respondent to grant the EIA Licence for the proposed construction was published in the newspaper “Le Mauricien’ of 8 February 2019 through a Notice dated 04 February 2019. (Annex 1) 4 The Co-Respondent No.2 is the Ministry under whose aegis, the National Ramsar Committee operates and may issue a National Ramsar Clearance to projects issued with an EIA Licence by the Respondent, 5. The Appellant has taken note that the clearance from the National Ramsar Committee have been granted with conditions on the 28 September 2018.(Annex 2) 6. One of the Conditions, i.e Clause No.1 in the EIA Licence granted to the Co-Respondent No.1, clearly stipulates that the terms and conditions attached to the clearance from the National Ramsar Committee “shall be strictly complied with, except for Conditions (vi)”. 7. This Statement of Case sets out the grounds on which the Appellant seeks to appeal and challenge the EIA Licence granted by the Respondents to the Co-Respondent No.1 on the 31 January 2019,BACKGROUND TO THE PRESENT APPEAL 8 On the 04 December 2017, the Respondent No.2 issued a Notice for public inspection of the EIA Report for the undertaking concerning the proposed “Inland Integrated Residential Development under the Property Development Scheme comprising a residential mlx of 172 villas, 278 apartments and penthouses, 100 duplexes, 105 serviced lots with associated facilities” at Pointe D’Esny (Annex 3) 9. On the 22 December 2017 the Appellant delivered its public comments at the registry of the Respondent No 2 and for the attention of the EIA Committee on the EIA Report for the proposed Pointe D’Esny Le Village project, which Respondent No 2 duly acknowledged receipt. (Annex 4 and Annex 5) 10, On the 15 March 2018, The Appellant met the Honourable M. S. Hurreeram to raise concerns and Issues regarding Pointe D’Esny Le Village project and to ask him to set up meeting with The Respondent No 1, 11. On the 24 April 2018, The Appellant sent a communiqué which was published in L’Express newspaper on the 26/04/2018 to: (i) Ask the Respondents to freeze all projects that could have a negative impact on Wetlands until the ESAbill is discussed and voted in the parliament; |ii) Inform the Respondents that the Ramsar International Office is willing to make an independent study with regard to the impact that the Pointe D’Esny Le Village project could have on the Wetlands. 12. On the 27 April 2018, the Appellant received an e-mail from Honourable M. S. Hurreeram informing it that he his still trying to organise the meeting with The Respondent No 1. (Annex 6) 13. On the 30 April 2018, The Appellant sent an open letter to the members of parliament in Mauritius, which was published in L’Express newspaper(Annex 7).