In the Supreme Court of Mauritius (Appeal against the determination of the Environment and Land Use Appeal Tribunal) In the matter of - ELAT 1507/17 The Sea Users Association Virginia Lamarque Xavier Koenig Christophe Pellicier Gael Bechard ahwone APPELLANTS: versus 1. Ministry of Social Security, National Solidarity and Environment and Sustainable Development 2, Minister of Social Security, National Solidarity and Environment and Sustainable Development RESPONDENTS: Inthe presence of:- 1. Growfish International (Mauritius) Ltd. 2. Ministry of Ocean Economy, Marine Resources, Fisheries and Shipping 3. Ministry of Tourism and External Communications 4. The Board of Investment CO-RESPONDENTS ANDIn the matter of:- Growfish International (Mauritius) Ltd., c/o Boardroom Limited, 165, Allee Brillant Branch Road, Floreal APPELLANT versus 1. The Sea Users Association, clo Virginia Lamarque, Cotteau- Raffin, La Gaulette Virginia Lamarque, of Cotteau Raffin, La Gaulette 3. Xavier Koenig, of 20 Domaine de Labourdonnais, Mapou Christophe Pellicier, of 196, Avenue Rader, Morcellement Palmyre, Flic en Flac 5. Gael Bechard, of Allee des Fiamboyants, Carlos, Tamarin RESPONDENTS In the presence of - 1. Ministry of Social Security, National Solidarity and Environment and sustainable Development, of 13" Floor, R. Seeneevassen Building, Cnr Jules Koening & Maillard Streets, Jules Koening St, Port Louis 2. Minister of Social Security, National Solidarity and Environment and Sustainable Development, service to be effected on the Permanent Secretary, of 13” Floor, R. Seeneevassen Building, Cnr Jules Koening & Maillard Streets, Jules Koening St, Port Louis 3. Ministry of Ocean Economy, Marine Resources, Fisheries and Shipping, of 4” Floor, LIC Building, President John Kennedy Street, Port-Louis. 4, Ministry of Tourism and External Communications, of Level 5, Air Mauritius Centre, John Kennedy Street, Port-Louis. 5. The Board of Investment, of 10" Floor, One Cathedral Square Building, Jules Koenig Street, Port-Louis. ESPONDENTSteen sett ate apse plead or sreton ignorance of same that *6. tirbeinan oan ss (Mauritius) Ltd - Co-Respondent . 507/17 before The Environment and Land Use Appeal Tribunal) electing its legal domicile in the office of the undersigned Attorney at law, situate at No.11, Sir Virgile Naz Street, Port-Louis, feeling itself aggrieved by and dissatisfied with the determination/Judgment delivered on the 30" day of April 2018 by the Environment and Land Use Appeal Tribunal (hereinafter referred to as “the Tribunal’), now intends to appeal and does hereby appeal to the Supreme Court of Mauritius against the said determinaticn/Judgment, in order to have same reversed, quashed, amended, set aside or otherwise dealt with as the Supreme Court may deem fit and proper for the following amongst other reasons, viz:- GROUNDS OF APPEAL 1. The Tribunal erred in applying the test for ‘locus standi" to the Respondents in that whilst it acknowledged that its jurisdiction emanates from section 54 of the Environment Protection Act 2002 (‘EPA’), it ignored the provi which allow only aggrieved persons who are able to show that the decision to and the law grant an EIA Licence is likely to cause them undue prejudice to appeal against that EIA Licence before the Tribunal. 2. The Tribunal erred in its interpretation of the judgment of Ricot v Mauriplage Beach Resort Ltd 2004 SCJ 329 by giving a wide approach as to those who have standing to lodge an appeal before the Tribunal, contrary to that very judgment. 3. The Tribunal was wrong in law to give undue emphasis to section 2 of the EPA and ignore the sole provision under the EPA, being section 54, which allows only aggrieved persons to lodge an appeal against an EIA Licence under the EPA.