2 POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK

2.1 LAND OWNERSHIP

The Berjaya Resort whose operation stopped on 1st May 2007, was taken over by the new
promoter ABKID (Mauritius) Ltd on the 15th August 2007.

ABKID (Mauritius) Ltd is a private company which was registered and incorporated in
Mauritius on the 11th January 2007.

A copy of the Certificate of Incorporation of the company is enclosed at Annex 1A at the

end of Section 1.

ABKID (Mauritius) Ltd has also been registered as a business company under Section 8 of
the Business Registration Act 2002. The nature of business of the company is “Tourism”.

A copy of the Business Registration Card is enclosed at Annex 2A at the end of Section 2.

2.2 LAND OWNERSHIP

The St. Regis Mauritius Resort (formerly known as Berjaya Hotel) situated at Le Morne,
occupies a portion of land of extent of 6.03Ha or 67, 780m2 which forms part of Pas
Geometriques of Le Morne, belonging to the Government of Mauritius which has been
leased to Abkid (Mauritius) Ltd as per an Industrial Site Lease agreement.

The Industrial Lease Agreement has been registered at the Survey Office on 17th September
2010, Lease Book 190 Folio 85

Article 2 of the Industrial Lease stipulates that “The land and the building/s and/or
structure/s thereon shall be solely used for the running of a Hotel Complex.”

A copy of the Industrial Site Lease is enclosed at Annex 2B at the end of Section 2.

The St. Regis Mauritius Resort within whose premises will be set up the desalination plant
is bounded as follows:

ƒ Towards the North East by a surplus of Pas Geometriques Le Morne along a distance
of 113metres
ƒ Towards the South East by the Black River/Savanne Coast Road (B9), width 10metres
along a distance of 595metres
ƒ Towards the South West partly by an access road of 10 metres wide and partly by a
surplus of Pas Geometriques Le Morne, proclaimed as public beach of Le Morne along
a distance of about 124metres
ƒ Towards the North West by the High Water Mark
2.3 LEGAL REQUIREMENTS

The Environmental Protection Act 2002 came into force as from 1st September 2002.

Amendment of Schedule-Regulations 2006 was made by the Minister under Section 96 of

the Environment Protection Act 2002. The First Schedule to the Act was repealed and
replaced by the Schedule to these regulations. Environment Protection (Amendment of
Schedule) Regulations 2006 came into operation on the 1st October 2006.

The Schedule (Regulation 3), First Schedule (Section 15(2)) of the Act lists out the various
undertakings requiring an environmental impact assessment. As per the list of Part B, item
11 “Desalination Plant” is mentioned as being one of the undertakings requiring an
Environmental Impact Assessment.

Subsequently, by virtue of proclamation Part IV, Section 15, it has become mandatory for
any person being a proponent who commences, proceeds with, carries out, executes or
conducts, or causes to commence, proceed with, carry out, execute or conduct, an
undertaking, to apply for and obtain an EIA Licence.

2.4 LICENCE APPLICATION

Therefore, in conformity with the provisions of the Environment Protection Act 2002, as
stipulated above, the proponent, Abkid (Mauritius) Ltd is applying for an Environmental
Impact Assessment (EIA) Licence from the Ministry of Environment and Sustainable
Development for the setting-up of a desalination plant at St. Regis Mauritius Resort in the
district of Black River.

2.5 BUILDING AND LAND USE PERMIT

With effect as from 1st October 2006, under the provisions of the Finance Act 2006 and the
Business Facilitation Act 2006, the Development Permit and the Building Permit, originally
required under the Town and Country Planning Act, have been merged into one permit
known as the “Building and Land Use Permit”.

In this particular case, the Statutory Authority empowered to grant the Building and Land
Use Permit is the Black River District Council under whose jurisdiction falls the control of
immovable property development in the region of Le Morne.

The District Council further requires that the EIA Licence obtainable from the Department
of Environment should be submitted when applying for the Building and Land Use Permit.
Accordingly, as soon as the EIA is obtained from the Department of Environment, the
application for the Building and Land Use Permit will be effected.

2.6 EIA CONSULTANT

The assignment of the preparation of the EIA has been entrusted to Scene-Ries Consult Ltd.

Due authorization has been obtained by the EIA consultant from the promoter to:
(i) Prepare the EIA
(ii) Submit the report to the DoE in the required number of copies
 (iii) Follow-up of the project dossier with the Department of Environment through any
exchange of correspondences
A copy of the authorization letter is enclosed at Annex 2C at the end of Section 2.

2.7 DISTANCE OF PROPOSED DESALINATION PLANT FROM HIGH

WATER MARK

As shown on the Massing Plan enclosed at Annex 1D at the end of Section 1, the distance
of the proposed desalination plant from the High Water Mark is about 107 metres, which is
in full compliance with the statutory clearance of 30 metres imposed by the Department of
Environment.

Furthermore, the intake saltwater borehole has been situated at 37 metres from the HWM,
along the service access way (refer to massing plan at Annex 1D) which will render them
unnoticeable by the hotel residents.

The proposed dilution tank will be installed near the desalination skid at 107metres from
the HWM while the rejection borehole has been sited at 41.5metres from the HWM.