In Eco-Sud v Minister of Environment, Solid Waste and Climate Change, an environmental NGO, Eco-Sud, challenged the issuance of an Environmental Impact Assessment (EIA) licence for a residential development in Mauritius.
The claimant argued that the development would harm the environment, particularly the wetlands in and around the development site. Eco-Sud appealed to the Environment and Land Use Appeal Tribunal under the Environment Protection Act 1990.
Initially, the Environment and Land Use Appeal Tribunal dismissed Eco-Sud’s appeal, stating that the NGO did not have the standing to bring the case as it could not show it was "aggrieved" or that the decision would cause it "undue prejudice".
Eco-sud contended that the Environment and Land Use Appeal Tribunal’s decision to dismiss their appeal on the grounds of lacking standing was too restrictive. They argued for a more liberal approach to standing, similar to that adopted in the UK Supreme Court case Walton v The Scottish Ministers.
They claimed that their challenge was in the public interest, aiming to protect the environment for the benefit of the community and future generations. They argued that environmental NGOs should be allowed to represent the public interest in such cases.
The Supreme Court of Mauritius overturned the Tribunal’s decision, adopting a more liberal approach to standing in environmental cases. The court emphasised that environmental NGOs should have the right to challenge decisions that could harm the environment.
"The test for standing applied by the Tribunal was too restrictive. In environmental appeals, a more liberal approach is required".
The case was further appealed to the Judicial Committee of the Privy Council, which upheld the Supreme Court’s decision.
The Privy Council’s decision emphasised the importance of allowing environmental NGOs to challenge decisions that could have significant environmental impacts, promoting greater access to justice in environmental matters.
Lord Stephens stated, "The importance of access to justice in environmental matters cannot be overstated. It is essential that organisations like Eco-Sud are able to bring forward cases that protect the environment".
The case is significant as it sets a precedent for environmental justice in Mauritius, ensuring that NGO's can play a crucial role in protecting the environment. It highlights the evolving legal landscape regarding environmental protection and the role of NGOs in advocating for sustainable development.
The appeal was dismissed.
