Raj Dayal: “Mauritius is facing ecological challenges”

Strengthened by the judgement given by the Supreme Court on 29 December 2015, in the matter of Plastic Products Manufacturers and Users Association against the Ministry of the Environment, and the State of Mauritius, Minister Raj Dayal called the media on 30 December to announce the enforcement of the Environment Protection (Banning of Carry Plastic Bags) Regulations 2015 as from 1 January 2016. This measure was followed by the population and merchants in general. A week after the new regulation has been in force, it is common practice now not to use plastic carry bags. News on Sunday met the Minister and raised a few questions which the public is still asking about.

It seems that the decision to ban plastic carry bags was taken a few years ago. Why do you propose the prohibition now?

The decision to ban the use of plastic bags was taken in 2004 but was not implemented by the former government. The ban was announced on 23 March 2015, during the Budget Speech by the Minister of Finance and Economic Development. As from then onwards the whole machinery was put into motion for the implementation of such a decision and on 8 April 2015, a monitoring committee was set up to supervise the regulation and on 17 April, the director of the Environment at my ministry chaired a first technical committee comprising officers of the ministry of the environment, the MSB, the SMEDA and the University of Mauritius. When you talk about prohibition now, you probably refer to our silent attitude during the past weeks. We had to adopt such an attitude as there was an application in the Supreme Court by the Plastic Products Manufacturers and Users Association for an interlocutory injunction prohibiting the State from causing the implementation of the Environment Protection (Banning of Plastic Bags) Regulations 2015 on 1 January 2016. We belong to a country where there is the Rule of Law and we had to abide and wait for the judgement of the supreme court.

What was the issue of such an application?

In a 9-page judgement given by Justice A.D Narain on 29 December, the Honourable Judge writes: “I take judicial notice of the fact that plastic bags indeed constitute a pollutant of which the manufacture, importation, stockpiling, trade or distribution for local use has been regulated in Mauritius since 2004, (Environment Protection (Plastic Carry Bag) Regulations 2004). I find that the regulations have been made pursuant to the legitimate exercise of the regulatory power of the relevant authorities and in the interest of the protection of the environment and the public interest. I am unable in the circumstances to find that the application discloses a clear or blatant violation of Section 3 of the Constitution, the more so as it has not been averred by the applicant that the regulation have been made for a purpose other than the protection of the environment or the public interest… I uphold preliminary objection to the extent that the applicant has failed to show the existence of a clear legal right to protect and I decline to issue the interlocutory injunction prayed for.”

You mention that we are in a country where there is the rule of law. Do you maintain that all legal procedures were followed?

The Regulations were made on 3 August 2015 by the Minister of the Environment to whom responsibility for the subject of environment is assigned, pursuant to Section 96 of the Environment Protection Act. Regulation 8 of the regulations provides that regulations 4 and 7 are to come into operation on 1 January 2016. The regulations other than regulations 4 and 7 therefore came into operation on the day on which the regulations were gazetted, that is, 6 August 2015. The Regulations were amended on 4 December 2015 by the Environment Protection (Banning of Plastic Bags ((Amendment) Regulations 2015) to make special provision for recyclable and compostable plastic bags. The amending regulations came into operation on the day on which they were Gazetted.

Were all the stakeholders were informed of these developments?

A meeting was held a long time back. On 29 April 2015 all stakeholders attended a meeting at my Ministry- supermarkets, merchants and their associations including the MCCI as well as members of other ministries, the SMEDA and the MRA when they were asked to get ready for the transition from the use of polluting plastic bags to alternative carry bags. On 12 May 2015 a mission, financed by SMEDA, was arranged for a group of Mauritian manufacturers of plastic bags to participate in an industrial trade fair in China. On 30 June 2015, I met the members of the Plastic Products Manufacturers and Users Association to discuss of the use of alternative biodegradable products for the manufacture of plastic bags. A French expert, Jean Gallet, was invited by my Ministry to explain to the manufacturers how they may use these biodegradable products.

What is the real meaning behind this prohibition of using plastic carry bags?

My Ministry is focusing on a Cleaner, Greener and Safer Mauritius, as it is facing ecological and biodiversity changes that need urgent attention. Since the beginning of this year we have launched a new strategy for the embellishment of our physical environment ‘to sustain our ecosystem’. The interdiction of the use of plastic bags as inscribed in the regulations is a measure that we are bound to implement in the interest of the Nation, including the manufacturers and their employees as well. It is a measure that has been well received during the recent COP21 convention in Paris in presence of more than 150 representatives of world governments.

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Types of plastic bags

Eleven types of plastic bags have been exempted for essential uses and hygienic and sanitary purposes, namely: a) A transparent roll-on bag solely used to contain fresh, chilled or frozen seafood, meat, poultry, or offal other than canned food or eggs; b) A bag designed to be used for the disposal of waste; c) A bag designed for agricultural purposes; d) A bag used for the purpose of sampling or analysis; e) A bag that constitutes, or forms an integral part of the packaging in which goods are sealed prior to sale on the local market or for export; f) A transparent pocket-type bag not exceeding 300 cm2 in size; g) A transparent re-sealeable bag with security tamper used by a passenger to contain liquids, aerosols or gels at an airport or on board of an aircraft or carried by a transfer passenger; h) A bag carried by a passenger disembarking from an aircraft or a ship for the purpose of carrying personal belongings; and I) A bag manufactured for export. j) A biodegradable plastic bag on which particulars are conspicuously displayed and; k) A compostable plastic bag on which particulars are conspicuously displayed. Doing away with plastic bags is expected to also open up new avenues for our local entrepreneurs to engage in green projects. Women entrepreneurs specifically can now get involved in bag production using diverse materials such as jute and cloth.