EIA Proposed Property Development Scheme project on “Plot P” of Avalon Golf Estate at Bois Sec

CHAPTER 2

POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK

2.1 Zoning

Avalon Golf Estate, situated in Bois Sec, is surrounded by a nature reserve. The western
boundary of Avalon Golf Estate adjoins a region designated as a “Range Peak” and the Black
River Gorges National Park” which is classified as an ‘Environmentally Sensitive Area”. The
northern part of Avalon Golf Estate also adjoins a scenic landscape area. There are several
rivers and feeders crossing the estate. The greenbelts surrounding the watercourses are
marked as a region of “Habitat for Flora and Fauna”.

Badon Village which would be developed on “Plot P”, is situated on the southwestern portion of
the Avalon Golf Estate. The project site is not situated within the catchment area for the Rivière
des Anguilles Dam. As per the Development Management Map of the Outline Planning Scheme
of Grand-Port/Savanne District Council, “Plot P” is located outside the limits of permitted
development. The start of Feeder Bain des Negresses is located 51.97 m South of the site and
Feeder Cresson flows at 70.82 m North of the site.

The zoning of the site is shown on a Development Management Map enclosed in ANNEX 5.

Presently, “Plot P” falls under agricultural land. The project promoter will apply for a land
conversion permit from the Ministry of Agro Industry for the PDS project in due course. “Plot P”
lies amidst a golf course and adjoins a residential morcellement as well as an RES project. The
management of Avalon Golf Estate has obtained the respective permits:

• Land conversion permit for the golf course.

• Land conversion permit for the residential morcellement.
• Land conversion permit for RES development on plot Q.

2.2 Proposed Property Development Scheme on “Plot P”

The present undertaking involves the setting up of 34 luxurious villas on “Plot P” of extent 7 Ha
4,796 m2, based on the PDS model. The project would comply with the Investment Promotion
(Property Development Scheme) Regulations 2015 and the PDS guidelines prepared by the
Board of Investment (BOI).

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EIA Proposed Property Development Scheme project on “Plot P” of Avalon Golf Estate at Bois Sec

2.2.1 Investment Promotion (Property Development Scheme) Regulations 2015

“PDS Company” means a company to which a PDS certificate has been issued.
“PDS certificate” means a certificate issued under regulation 7(6).
“PDS developer” means a person carrying out a project under the scheme.
“PDS social fund” means the contribution referred to in regulation 10.

5 (1) Every project under the scheme shall consist of inclusive development on an area of land
of an extent of not less than 1 arpent and not more than 21.1050 hectares (50 arpents)
providing for-

(a) not less than 6 residential properties of high standing;

(b) high quality public spaces for the purpose of promoting social interaction and a
sense of community;

(c) leisure and commercial amenities as well as facilities intended to enhance the
properties referred to in paragraph (a) and

(d) day to day management services to the residents, including security, maintenance,
gardening, solid waste disposal and other household services.

(2) The area of land referred to in paragraph (1) may be made up of more than one plot of land
belonging to one or more persons and where the area is made up of more than one plot of land,
the plots making up the area shall be contiguous.

Compliance

The proposed PDS undertaking is an integral part of a mix use development project, known as
“Avalon Golf Estate” that includes a residential morcellement, a RES development on plot Q, a
club house and an 18-hole golf course with all facilities necessary to sustain the golf course.
Presently, the whole premises belong to Arthur & Morgane Ltd except RES Q, which is owned
by Carleon Ltd. The 3 residential developments namely P, Q and R will each be developed by
three different proponents. While “PDS P” will be developed by Badon Ltd, it will be
administered by the syndic of Avalon Golf Estate. “Plot P” is of extent 7 Ha 4,796 m2; leisure
amenities, maintenance and security services which are common, will be situated within Avalon
Golf Estate but outside of the respective P, Q and R plots.

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EIA Proposed Property Development Scheme project on “Plot P” of Avalon Golf Estate at Bois Sec

Badon Village, on plot P, will involve the construction of 34 villas on individual lots having an
extent of 1,709 m2 to 2,100 m2.

The proponent has made an application to the BOI for an approval regarding the
implementation of the PDS project on “Plot P”. A copy of the letter of approval from the BOI is
enclosed in ANNEX 3.

2.3 National Development Plan

The policies aimed at managing development in Mauritius have been structured in two
mainstreams, the macro level and the micro level. The macro level gives the orientation for
development and overall intent for land use at National level while at the micro level the land
use is focused towards specific purposes. The instruments presently available for land planning
are the National Development Strategy prepared by the Ministry of Housing and Lands and the
Outline Planning Schemes prepared by the respective local authorities.

The project site falls under the jurisdiction of the Savanne District Council and the latter is the
statutory authority empowered to grant the Building and Land Use Permit (BLUP). As part of the
requirements of the District Council for grant of the BLUP, the EIA licence issued by the
Department of Environment must be submitted along with the application. Therefore, the
application for the BLUP shall be made as soon as the EIA licence is obtained.

The proponent is well aware of the policies governing development in the region of Bois Cheri
and Bois Sec and is committed to carry out the proposed undertaking in line with the National
Development Strategy. The design of the project has been planned and carried out in line with
the “Policy Planning Guidance” of the Ministry of Housing and Lands, the standards and
specifications in force in Mauritius and internationally acceptable practices. The project concept
lays emphasis on renewable energy devices.

The proposed development is governed by three Planning Instruments approved by

Government. These instruments are:
• The National Development Strategy
• The 2011 Outline Planning Scheme for Savanne District
• Planning Policy Guidance

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EIA Proposed Property Development Scheme project on “Plot P” of Avalon Golf Estate at Bois Sec

Extracts of policies relevant to the proposed project from the Outline Planning Scheme and the
National Development Strategy report 2003 are provided in the following sections.

Extracts from National Development Strategy, 2003

a) SP15-Strategic Policy SP 15 on Development in the Open Countryside

The proposed development conforms to Policy SP15 on Development in the open Countryside.

Strategic Policy SP 15 on Development in the Open Countryside states:

Outside Rural Regeneration Zones and limits of permitted development in the open
countryside as identified in revised Local Plans, a sequential approach to the release of
major sites should be followed. Where land has been identified as having the following
characteristics, there should be a general presumption against new development, except
where such developments are in the national interest:

(i)Land identified by the Ministry of Agriculture as being highly or moderately suitable for
agricultural use (sugar and non-sugar)

(ii)Land identified by the Ministry of Environment which has an Environmental sensitivity

and/ or landscape significance

Justification: Where development is proposed on land in the open countryside which

falls within these categories, there should be a presumption against major developments
which would run contrary to the policies of the Ministry of Agriculture and the Ministry of
Environment. However, where proposals are made on land which has been classified as
having marginal suitability for agriculture and which is surplus to private sector
requirements, if sited within or adjoin existing settlement limits, and where existing
physical and social infra-structure networks already exist, there should be a general
presumption in favour of development where it can be shown to sustain local needs
especially in areas vulnerable to change in the agricultural sector.

The development site is classified as marginal agricultural land having low agricultural potential.
An EIA for a golf course having already been granted, with demand from golfers to be given the

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EIA Proposed Property Development Scheme project on “Plot P” of Avalon Golf Estate at Bois Sec

opportunity to live next to the golf course, this PDS project is being proposed to respond to
these needs, the more so that the project in turn would yield a number of socio-economic and
environmental benefits.

The proposed development is not in conflict with Strategic Policy SP15 of the NDS.

b) SP20- Environmental Reporting and Assessment

Where planning proposals for major mixed use, specialized or tourism developments are
considered to have a potentially significant effect on the natural or built environment, on
areas of landscape significance or on other areas of environmental sensitivity,
comprehensive Environmental Impact Assessment (EIA) will be required. EIAs should
be prepared by promoters at the project planning stage in consultation with central and
local Government agencies, in accordance with the requirements of the Environment
Protection Act 2002.

c) Policy ENV1- Environmental Management

Within the interim area of search locations there will be a general presumption against
major development other than for educational or environmental or environmental
management purposes or in order to sustain existing local economies or where
development is deemed to be in the national interest. Any development proposed to
adjoin ESAs will be required to first obtain an Environmental Impact Assessment licence
under the Environment Protection Act 2002, prior to seeking a development permit.
Opportunities for the sustained management of ESAs which may form part of
developments should be pursued through planning obligation mechanisms. For the
purposes of Policy ENV1, ESAs are defined as follows:

• State Lands including the Black River Gorges National Park, Nature Reserves,
State Forest Lands, Pas Geometriques and privately-owned Mountain Reserves;
• Habitat for Endemic Flora and Fauna- which have strong links to the above
Reserves and include the Port-Louis and Calebasses Mountain Range, Bambous
Mountains and the Black River Gorges, Corps de Garde and Savanne
Mountains;

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EIA Proposed Property Development Scheme project on “Plot P” of Avalon Golf Estate at Bois Sec

• Mountain Slopes and Range Peaks- for moderately steep to steep/ very steep
hillsides and mountain slopes.

2.4 Outline Planning Scheme for Grand Port Savanne District Council Area

The August 2011 approved Outline Planning Scheme for Grand Port /Savanne (OPSGPS)
which emanates from the NDS and provides the statutory framework for assessing a
development application contains a series of policies which govern the development proposed.
These are mainly Policies CDT 3, EP3, EC1, EC2 and LS1.

a) CDT 3-Policy CDT 3 on Integrated Resort Schemes and Real Estate Scheme states

A mixture of uses including commercial, leisure as well as day-to-day management

services such as security, maintenance, gardening, solid waste and household services.

Justification: With continued demand and increasing prices of land directly on the coast,
Environmentally Sensitive Areas (ESAs) are coming under more direct and indirect
pressure from development. At the same time the tourism and real estate industry are
striving to introduce new development models which inter alia aim to retain a site’s
natural image whilst enabling new facilities to be introduced such as golf courses within
the overall hotel or resort complex in order to remain competitive in the global economy.

The Hotels and Integrated Resorts and RES Design Guidance should be considered at
an early stage in project preparation. Other design guidance- for Residential and
Commercial developments should also be consulted as appropriate although integrating
the design of the whole scheme is vital if it is to function within its setting.

Self-regulating Cahier des Charges would assist in this regards and should form part of
the building and land use permit process.

Real Estate Schemes should broadly follow the guidance provided in the Planning Policy
Guidance PPG 1 as subsequently revised. They should complement and support
settlement strategies by creating a positive impact on the physical economic and social
environments within which they are located. The sitting of RES in view of its scale
requires a careful approach. The clustering principle and sequential approach to
development outlined in the Strategic Development policies (SD1, SD2, SD3 and SD4)

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EIA Proposed Property Development Scheme project on “Plot P” of Avalon Golf Estate at Bois Sec

should be followed for RES and proposals should demonstrate how they contribute in
maintaining and enhancing the townscape/landscape character of the area.

Compliance

The vision, development concept and design principles followed in developing the PDS are
conformity with Policy CDT 3 of OPSGPS. Much of the policy of CDT 3 applicable for Integrated
Resort Schemes is also valid for Property Development Schemes.

b) EP3- Protection of River Valleys and Water Resources

River Reserves as defined by the Forests and Reserves Act means:

“(a) where there is an escarpment, the land extending from the edge of a watercourse to
the top of the escarpment;
(b) where there is no escarpment, the land extending from the edge of a watercourse to
a distance measured on the horizontal plane -
(i) in the case of a river, of 16 metres;
(ii) in the case of a rivulet, of 8 metres;
(iii) in the case of a feeder, of 3 metres.”
Rivers and rivulets the subjects of River Reserves are listed in the Fourth Schedule to
the Act.
All River Reserves should normally be protected from development.
Exceptions may be made for works deemed essential for water abstraction, flow
regulation, flood control and for road crossings.
Clearing and replanting of river reserves shall only be carried out with authorization from
the Conservator of Forests.

Justification: Given the importance of water resources nationally and in the District
careful consideration is required where development is proposed in the vicinity of rivers
and rivulets because banks are easily damaged and there is a risk of pollution. Many of
the watercourses also act as landscape or ecological corridors and some have
recreation potential. Placing any structure within an area that might flood during an
extreme weather event may result in a restriction in the flow characteristics of the
watercourse and cause unacceptable flooding to occur in other areas.

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EIA Proposed Property Development Scheme project on “Plot P” of Avalon Golf Estate at Bois Sec

Extracts from the Forests and Reserves Act 1983

“Escarpment” means the bank of a river, rivulet or feeder, the mean slope of which
makes an angle of not less than 60 degrees with the horizontal line;

“Feeder” means the affluent of a river or rivulet;

“Reserve” means a mountain, nature, river or road reserve;

“River reserve” means –

(a) Where there is an escarpment, the land extending from the edge of a watercourse to
the top of the escarpment;

(b) Where there is no escarpment, the land extending from the edge of a watercourse to
a distance measured on the horizontal plane –

(i) In the case of a river, of 16 metres;

(ii) In the case of a rivulet, of 8 metres;

(iii) In the case of a feeder, of 3 metres;

Compliance

A setback of 51.97 m would be observed from the plot boundary and the feeder Bain des
Negresses to protect the feeder. Building structures will be located more than 65.95 m from the
feeder bank.

Moreover, Feeder Cresson is situated at 70.82 m from the boundary of plot P and a setback of
at least 82.91 m will be maintained between the nearest villas and the bank of Feeder Cresson.

The site does not fall within the catchment area of Rivière des Anguilles Dam. It is foreseen that
the only potential source of land pollution could come from wastewater, though of domestic
nature. To protect the water resources, all wastewater from the residential units will go to an
individual on-site sewer disposal system consisting of septic tank and leaching field that would
be able to treat the grey water prior to disposal. This measure will avoid the laying of sewer
pipes across the feeders and hence conserve their drainage functionality and also preserve the
full stability of the feeder banks. The details regarding the individual on-site sewer disposal

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EIA Proposed Property Development Scheme project on “Plot P” of Avalon Golf Estate at Bois Sec

system would be submitted to the approval of WMA in due course. Proper setbacks (of more
than 30 m) would be maintained between the septic tanks/leaching fields and feeder banks.

c) EC1- Conservation of Environmentally Sensitive Areas (ESAs)

Within the ESAs indicated on the Development Management Maps there should be a general
presumption against development other than for educational or environmental management
purposes or in order to sustain local economies or where development is deemed to be in the
national interest and is acceptable on planning and environmental grounds. Any development
proposed to adjoin ESAs (or within ESAs as specified above) will be required to first obtain an
Environmental Impact Assessment licence under the Environment Protection Act 2002, prior to
seeking a development permit. Opportunities for the sustained management of ESAs, which
may form part of developments, should be pursued through planning agreement/obligation
mechanisms. In all such cases, proposals for development within or adjoining Environmentally
Sensitive Areas will need to demonstrate how they contribute to maintaining and enhancing the
environmental character of the area and that they comply with relevant criteria in the Design
Guidance outlined in SD5.
For the purposes of this Policy, ESAs are defined as follows:
- Habitat for Endemic Flora and Fauna - which have strong links to the Reserves identified
in Policy EP 1;
- Mountain Slopes and Range Peaks – for moderately steep to steep/very steep hillsides
and mountain slopes and ridgelines;
- Water Resources - major aquifers, surface water catchment areas and identified
reservoirs and boreholes and existing weirs

Compliance

As already mentioned, “Plot P” forms part of Avalon Golf Estate which has obtained three EIA
licences respectively for the development of an “18-hole championship golf course”, the
implementation of a residential morcellement and the development of an RES project on plot Q.
The proponent has appointed Messrs. VYYAASS Consulting Engineer Ltd to prepare an EIA for
the proposed PDS development on plot P. Baseline data collection, assessment of the predicted
environmental impacts and proposed mitigation measures are the important aspects of the
present report.

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EIA Proposed Property Development Scheme project on “Plot P” of Avalon Golf Estate at Bois Sec

• Plot Coverage (As per PPG)

The plot coverage for sites to be used for apartment type outside tourism zone in open
coastal, or country side or environmentally sensitive areas such as mountain slopes,
maximum plot coverage of 12% should be allowed.

The site has an average slope of 4.5% towards the South East direction. For the present
project, the plot coverage is 11.96%. The plot coverage and footprint of the residential units are
further detailed in Chapter 4 – Project Description.

• Height of building (As per PPG)

In certain sensitive areas, buildings higher than their surroundings are particularly prominent
and their impacts on the skyline and surroundings must be given careful consideration. The
Maximum GF+1 limited to 10.5 m

The height of villas for the present undertaking is fully compliant as shown in Table 3: -

Table 3: Maximum height of villas

Unit type Max. Height (m)
Villa Albatross 5.40
Villa Eagle 5.39
Villa Birdie 5.44

• Parking lot (As per PPG for Hotels and Integrated Resorts Development: Real
Estate Scheme, July 2011)

Parking standard has to be adjusted to 2 parking lots per residential unit. Visitor parking at
the rate of one space for every five residential units has to be provided and should
preferably be laid out at ground level.

Visitor parking at the rate of one space every five residential units has to be provided and
should be preferably be laid out at ground level.

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EIA Proposed Property Development Scheme project on “Plot P” of Avalon Golf Estate at Bois Sec

The proponent has made provision for two parking spaces per villa to allow owners and visitors
to park their vehicles within their premises. “Plot P” will have 34 villas and hence, 68 parking
lots. Moreover, ample visitor parking spaces (250 nos) are provided at the clubhouse.

• Activity centre and Commercial facilities (As per PPG)

Provide leisure and optional commercial facilities for the benefit of the residents mainly.
Smaller developments may be limited to the provision of gymnasium, swimming pool,
billiard/ snooker and other indoor games facilities.
Larger scale projects should provide focal points such as club houses, tennis courts, and
other outdoor activities. Large scale developments and high density developments in town
centers and business zones have to provide some kind of commercial facilities such as retail
shopping or office space.
For large scale development on sites exceeding 5 arpents up to 23.69 arpents, a
commercial component commensurate to the scale of the proposed development should be
included. The extent should not detract from the primary purpose of the development. Other
types of commercial development may also be proposed on villas development provided the
market study is positive and opportunity to tap adjoining catchment areas is available.

“PDS P” is a component of Avalon Golf Estate which includes the following leisure amenities
and commercial facilities:

- An 18-hole golf course meeting international standards

- A commercial site
- A heated swimming pool with its spacious deck and comfortable sun chairs.
- A golf practice range
- Football playing ground, petanque court, beach volley court and 2 tennis courts
- A restaurant, indoor game room, boardroom, lounge, kid’s corner, changing rooms, shoe
cleaning room, gym, yoga room, meditation centre and a multipurpose hall
- Nature trails and jogging tracks

As such the proposed PDS, will have all the necessary amenities, required for its good
functioning and will comply fully with the requirements for a PDS project.

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EIA Proposed Property Development Scheme project on “Plot P” of Avalon Golf Estate at Bois Sec

• Green Buildings, Landscaping and Energy efficiency (As per PPG)

The following requirements must be given due consideration:
o Buildings to be fitted with solar panels and / or photo-voltaic panels
o Each residential unit (villa) to include planting of two big trees
o All buildings to have insulated roofs
o High ceilings, good cross ventilation and eco-lights
o Paved areas to be minimized and preference given to vegetative cover,
interlocking bricks and water harvesting techniques
o Awnings to be provided to limit glare and direct sun light access to rooms
o Limit exposure to afternoon sun

❖ Solar panels will be installed on the roof top of each villa to provide hot water to the
occupants.
❖ Each residential unit will include planting of two big trees as a minimum.
❖ The PDS villas have been designed to include large openings promoting natural aeration
and orientation of the villas to minimise exposure to direct sunlight.
❖ An adequate number of LED lamps and energy saving lamps will be used inside and
outsides the villas for lighting purposes to reduce electricity consumption.
❖ Use of large glass expanses to provide natural light inside the villas.
❖ Enhancing cross ventilation systems.
❖ Natural materials such as timber and stone will be used wherever possible. Recyclable
materials such as steel, aluminium, copper and glass will be encouraged.
❖ Refuse disposal will be sorted out into 2 categories:
-Biodegradable

-Others

The biodegradable waste will be removed onto a compost bin on the site. The compost
obtained will be used for the maintenance of the gardens.

• Design character
The architecture of all types of villas follows the same design philosophy and architectural lines
of the clubhouse. The residential buildings have a modern aesthetic and promote the concept of
indoor/outdoor living to maximise the feeling of oneness with nature.

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EIA Proposed Property Development Scheme project on “Plot P” of Avalon Golf Estate at Bois Sec

• Accesses
All roads within the PDS have been designed in compliance with PPG. The main access road to
Avalon Golf Estate is a 7.0 m wide carriageway with 2.0 to 2.5 m reserves on both sides and the
secondary residential access within the Badon Village would be a 6.0 m wide carriageway with
2.0 m reserves on both sides.

The layout, design, height, footprint and bulk of the buildings are in line with the PPG.

d) EC2- Conservation of water resources

The existing and proposed dams and their catchment areas and the rivers that supply water into
them should be safeguarded against pollution, erosion and deforestation. Development within
30 metres of the high water level of the dams and adjacent to rivers, rivulets and streams, or
within the catchment areas should not normally be permitted, unless the developer has obtained
written agreement from the Water Resources Unit/Ministry of Public Utilities (WRU/MPU) that
the proposals do not pose a threat to the quality or quantity of surface or groundwater
resources. No development should be permitted within a 200 metres radius of a borehole or
spring without consultation and prior written approval of the WRU/MPU.

Compliance

Avalon Golf Estate lies on the upstream part of the hydrological area of the proposed Riviere
des Anguilles Dam. Plot P is not sited within the catchment area of Rivière des Anguilles Dam.
Feeder Bain des Negresses is sited 51.97 m from the boundary of plot P and Feeder Cresson is
located 70.82 m away. Moreover, Feeder Beau Bois flows at 74.52 m to the North East of the
site.

In accordance with the Forests and Reserves Act 1983, a feeder reserve is defined as at 3 m.
Nevertheless, the proponent will observe the following setbacks, which are largely sufficient in
accordance with the Forests and Reserves Act 1983.

o Individual on-site sewer disposal system

A setback of 53.97 m will be maintained between the individual on site sewer disposal
system and the start of feeder Bain des Negresses.

o Nearest hard structure/ plot boundary

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EIA Proposed Property Development Scheme project on “Plot P” of Avalon Golf Estate at Bois Sec

A setback of at least 51.97 m will be observed between the plot boundary and the feeder
Bain des Negresses. Moreover, the building structures will be located more than 65.95
m from the Feeder.

Arthur and Morgane Ltd has received the authorisation from the Central Water Authority (CWA)
to extract water from 6 boreholes so as to aliment all its projects namely the Golf course, the
residential morcellement and the PDS development. Copies of the borehole licences are
enclosed in ANNEX 6 for ease of reference.

However, in September 2016, Arthur and Morgane Ltd has made an application to the CWA for
the renewal of 3 boreholes, namely BH 1145, BH 1208 and BH 1210. A copy of the
correspondences from the CWA relating to the processing of the application and renewed
borehole licence are attached in ANNEX 6.

Concurrently, Arthur and Morgane Ltd has requested the cancellation of 3 boreholes, that is, BH
1144, BH 1165 and BH 1209, due to low extraction rate, through an application made to the
CWA in September 2016. Accordingly, the CWA has requested the promoter vide letter dated
15 March 2017 to seal these 3 boreholes. A copy of the letter from the CWA relating to BH
1144, BH 1165 and BH 1209 is also enclosed in ANNEX 6.

The locations of the boreholes are shown in the master plan attached in ANNEX 7.

e) LS1-Conservation of Scenic Landscape Areas

The natural and open character of Scenic Landscape Areas, identified on the
Development Management Map, should be protected. Agriculture and forestry-related
activities should generally be acceptable in these areas.

Where proposals for tourism, leisure or recreation, or an integrated resort scheme,

settlement extension or new settlement adjoin or form part of a Scenic Landscape Area,
such developments may be allowed where they are in accordance with the sequential
approach to site identification outlined in Policies SD1, SD2, SD3 or SD4.

Where Special Development Areas and Zones have been identified in previous Outline
Schemes and commitments made between Government and Landowners, leisure,
tourism, recreational, commercial and residential uses may be allowed.

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EIA Proposed Property Development Scheme project on “Plot P” of Avalon Golf Estate at Bois Sec

Compliance

The western boundary Avalon Golf Estate overlooks a region of “Range peak” forming part of
the Black River Gorges National Park. Moreover, the northern boundary of Avalon Golf Estate
adjoins a “Scenic Landscape Area”. Badon Village will be developed on “Plot P” which is
situated on the southwestern portion of the Avalon Golf Estate. Villa Albatross, Villa Eagle, and
Villa Birdie will all be a ground floor building with height less than 6m. As such, the buildings will
not cause any visual impacts and obstruction to the views.

2.5 Extracts from the Rivers and Canals Act 1863

• Drawing water from river

(1) Subject to subsection (2), any person may draw water from any river or stream for the
use of himself, his family, and any animals possessed by him.

(2) Without the authority of the Supreme Court, no person shall under subsection (1) draw
water by means of machinery, or by turning aside any portion of the river or stream

• Borderers rights

(1) Subject to subsection (2), each proprietor is entitled to a portion of water in accordance
with the total volume of water of the river or stream, and the quantity of land capable of
being irrigated by it.

(2) A sufficient quantity of water shall be always preserved in the river, to meet the natural
wants of all the borderers and the public.

The syndic of Avalon Golf Estate which will act as an administrative body and be responsible for
the management and maintenance of all the activities on the premises including the proposed
PDS development, will make use of the borehole water to meet the water demand of all its
activities. A common reservoir of 1,000 m3 coupled to a chlorination system is catered for to
meet the potable water demand of all the projects.

• No one to stop or alter river or stream

(1) Except with authority from the Supreme Court, no person shall —

(a) Stop or change the course or level of; or

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EIA Proposed Property Development Scheme project on “Plot P” of Avalon Golf Estate at Bois Sec

(b) Make or place any dike, dam, basin, or construction of any kind in the course of, any
river, stream, or run of water that is public property

• Riverains to keep canal clean

(1) Every proprietor of ground through which a canal passes shall keep the open parts of the
canal in its whole course through his property clear from obstruction of any kind.

(2) Where there are different proprietors on each side of a canal, each shall keep the ground
on his side clear from obstruction and they shall be jointly and severally bound to keep the
open portions of the canal between their properties clear.

(3) Where a person fails to comply with subsections (1) and (2)—

(a) The work may be done at his expense by any person having the authority of the syndic,
or of the corporation or body administering the canal;

• Control of activities near river

No dwelling house, kitchen, slaughter house, or camp of labourers, and no privy, urinal, stable,
cow house, cattle yard, pigsty, poultry house or poultry yard, and no distillery or sugar or other
manufactory, shall be erected within 100 feet of any river or stream, unless the Permanent
Secretary or the Sanitary Authority certifies in writing that the water of the river or stream, is not
liable to be defiled by any matter or water issuing from such erection or building.

There are no rivers crossing the site or adjoining the site. Building structures and individual on-
site sewer disposal systems will be situated more than 51.97 m from the Feeder Bain des
Negresses, more than 74.52 m from Feeder Beau Bois, and more than 70.82 m from Feeder
Cresson.

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