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AuthorOdile Juliette Lim Tung
Affiliation North-West University South Africa
Email ojltmru@gmail.com
Date Submitted 10 March 2023
Date Revised 4 August 2023
Date Accepted 12 September 2023
Date Published 23 November 2023
Guest Editors Prof AA du Plessis and Prof LJ Kotz
Journal Editor Prof C Rautenbach
How to cite this article
Lim Tung OJ "Smart City Regulation and Environmental Sustainability in the Context of Land Use Planning in Mauritius: A Critical Review" PER / PELJ 2023(26) - DOI http://dx.doi.org/10.17159/1727-3781/2023/v26i0a17151
Copyright
DOI http://dx.doi.org/10.17159/1727-3781/2023/v26i0a17151
Abstract
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Keywords
Smart city; environmental sustainability; regulation; standards; energy efficiency; efficient water use; waste management; optimisation of environmental resources.
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1 Introduction
The concept of a "smart city" can be traced back to the early 1990s, when cities embraced information and communication technology (ICT) systems, electronic governance and incentives for high-tech industries.
1
Odile Juliette Lim Tung. Licence en droit, Maîtrise en droit, DEA en droit, Doctorat en droit (Montpellier France). Extraordinary Research Fellow, Faculty of Law, North-West University, South Africa. E-mail: ojltmru@gmail.com. ORCiD: https://orcid.org/ 0000-0003-4249-964X. 1 DCG South African Smart Cities Framework 6. 2 Top world smart cities include Singapore, Zurich, Oslo, Taipei City, Lausanne, Helsinki, Copenhagen and Geneva. See the annual globally recognised Smart City Index Report according to Smart City Observatory. SmartCitiesWorld Date Unknown https://www.smartcitiesworld.net/smart-cities?topics=Singapore. The South African smart city initiative needs to be inclusive and based on six guiding principles. DCG South African Smart Cities Framework 18. 3 The South African definition of a "smart city" is "a settlement where investments in human and social capital as well as traditional and modern communication infrastructure fuel sustainable economic development, a better quality of life and prudent management of natural resources". DCG South African Smart Cities Framework 3. 4 ITU 2016 https://www.itu.int/en/ITU-T/focusgroups/ssc/Pages/default.aspx. 5 ITU 2016 https://www.itu.int/en/ITU-T/focusgroups/ssc/Pages/default.aspx.
While smart cities have been mainly set up in developed and developing countries, sustainable urban development is also important for small island developing states (SIDS) since they have limited land.
6
6 UN Date Unknown https://www.un.org/ohrlls/content/about-small-island-developing-states#:~:text=The%20aggregate%20population%20of%20all, %2C%20economic%2C%20and%20environmental%20challenges. Singapore as the leading smart city nation recognised as a world leader in its smart mobility policies and technology can be inspiring for SIDS. SmartCitiesWorld Date Unknown https://www.smartcitiesworld.net/smart-cities?topics=Singapore. 7 Singapore is one of the top world smart cities. See SmartCitiesWorld Date Unknown https://www.smartcitiesworld.net/smart-cities?topics=Singapore.
initiatives started in the main island of the Republic of Mauritius
8
8 The term "mainland Mauritius" is used for the main island of the Republic of Mauritius (RoM) in this article to avoid confusion with the other dependencies of the republic. The republic includes mainland Mauritius and its dependencies. Mainland Mauritius has an
area
of 1,865 km2. Until 1965 the most important dependencies of Mauritius were Rodrigues, the Chagos Archipelago, Agaléga and the Cargados Carajos (Saint Brandon). Tromelin has been claimed as a dependency of Mauritius by France. Lim Tung Environmental Law in Mauritius 30-35; Nations Online Date Unknown https://www.nationsonline.org/ oneworld/mauritius.htm. 9 See GN 128 of 2015 (SCS Regulations) as amended in 2017; However, the Investment Promotion Act 42 of 2000 (the IPA) was repealed by the Economic Development Board Act 11 of 2017 (the EDBA). 10 The Board of Investment (BOI) SCS Guidelines 2015 (BOI 2015 https://www.academia.edu/19538132/Smart_city_scheme_guidelines (hereafter BOI SCS Guidelines)) were amended in October 2020 (EDB 2020 https://www.edbmauritius.org/sites/default/files/2020-11/Smart%20City%20Guidelines%20October%202020.pdf (hereafter EDB SCS Guidelines) 7). 11 GN 128 of 2015 (SCS Regulations) as amended in 2017; BOI SCS Guidelines; EDB SCS Guidelines. 12 EDB SCS Guidelines. 13 Population Hub Date Unknown https://population-hub.com/en/mu/list-of-cities-in-mauritius-by-population.html. The population of mainland Mauritius was estimated at 1,217,588 against a total of 1,262,523 for the Republic of Mauritius including its dependencies as at 1 July 2022. See Statistics Mauritius 2022 https://statsmauritius.govmu.org/Pages/Statistics/ESI/Population/Pop_Vital_Jan-Jun22.aspx#:~:text=As%20at%201%20July%202022,as%20at%201%20July%202021.
While smart cities can be assessed according to different dimensions of sustainability, namely environmental, economic or social dimensions,
14
14 Toli and Murtagh 2020 Frontiers in Built Environment 2.
the health of the ecosystems that provide them".
15
15 Khan et al "Ecodesigning for Ecological Sustainability" 590. According to the United Nations (UN) Brundtland Commission in 1987, "sustainability" means "meeting the needs of the present without compromising the ability of future generations to meet their own needs". UN Date Unknown https://www.un.org/en/academic-impact/sustainability. 16 UN Date Unknown https://sdgs.un.org/topics/sustainable-cities-and-human-settlements; Toli and Murtagh 2020 Frontiers in Built Environment. 17 See the introduction of International Standard ISO 37101:2016. Mauritian Standards for sustainable cities are based on International Standards for sustainable cities (MSB 2019 http://mauritianstandards.com/wp-content/uploads/2020/08/MS-ISO_37104_2019E-Character_PDF_documentPREVIEW.pdf (MSB MS ISO 37104:2019); MSB 2019 http://mauritianstandards.com/wp-content/uploads/2020/08/MS-ISO_37106_2018E-Character_PDF_document-1PREVIEW.pdf (MSB MS ISO 37106:2018)). 18 MSB MS ISO 37104:2019 vi. 19 UN "Towards Sustainable Cities" 53; Toli and Murtagh 2020 Frontiers in Built Environment 6. A vital pillar of a smart city project is to have a smart environment and its ability to increase sustainability and better manage natural resources through the use of smart policies and smart applications. See EDB SCS Guidelines 57.
No scholarly article has been published on smart cities in Mauritius apart from a publication dating back to 2013, which targets sustainable cities in the country, making a critical assessment of the existing planning framework in order to promote effective sustainable cities.
20
20 Baguant-Moonshiram, Samy and Thomas 2013 The Sustainable City 247.
smart cities in the context of land use planning in Mauritius as well as the concept of environmental sustainability in Mauritius. Then it analyses the current domestic legal and policy framework regulating smart cities in Mauritius and its smart city initiatives in the context of land use planning to examine how far they can be considered as environmentally sustainable. It also makes recommendations for improving their environmental sustainability.
While predominantly oriented towards cities, the paper also broadly reflects on the issue of land use and planning law, and how these intersect with sustainability at the local level. This focus aligns with and speaks to the pioneering body of scholarship that Willemien du Plessis has thoughtfully developed over the course of many years. Her scholarship, especially insofar as it relates to the African context, has managed to substantially shape the discourse in these fields. This is a tribute to her scientific accomplishments and the mentoring role she has played to empower the next generation of African environmental law scholars.
2 Background on land use planning and smart cities in Mauritius
This section provides an overview on smart cities in Mauritius taking into consideration land use planning and the sugar reform in order to have a better picture of the context in which smart cities have been set up. When Mauritius was under the French and British colonial powers there was no land use planning as such, and these powers set up towns and villages in mainland Mauritius to suit their priorities and activities. That was the position until Mauritius became independent in 1968.
21
21 Her Majesty the Queen of Great Britain was the Head of State until 1992, when Mauritius adopted a republican status. Lim Tung Environmental Law in Mauritius 29-30; See the Mauritius Independence Order in GN 54 of 1968. 22 Baguant-Moonshiram, Samy and Thomas 2013 The Sustainable City 247; Lim Tung Environmental Law in Mauritius 29-30. 23 Section 5 of the Town and Country Planning Act 6 of 1954 (the TCPA) empowers the Minister to institute a survey of Mauritius and review the development and planning of each of the areas of Mauritius. The 1994 National Physical Development Plan (NPDP) contains public sector investment programmes and provides for the contents of general schemes and development with environmental control criteria. The 1994 National Physical Development Plan (the NPDP) is the guiding framework for land use from 1994-2010 to monitor physical development and environmental management for mainland Mauritius. It contains public sector investment programmes and provides for the contents of general schemes and development with environmental control criteria. See Lim Tung Environmental Law in Mauritius 286.
Mauritius. Urban planning can be considered a relatively recent form of land use management in Mauritius, its effectiveness depending on the priorities of the governmental team in power from time to time.
When Mauritius became independent sugar cane farming was the main economic activity. Over the past few decades mainland Mauritius used 45% of its available land for agricultural purposes.
24
24 Lim Tung Environmental Law in Mauritius 30. 25 It has an
area
of 1,865 km2. From 1995 to 2005 the land occupied by sugar cane decreased by 6.3%, tea plantations by 81.6% and forest by 17.2%, mainly at the expense of built-up areas. CSO Digest of Environmental Statistics 13. 26 MESD Mauritius Environment Outlook Report 64; Lim Tung Environmental Law in Mauritius 285. Some African, Caribbean and Pacific (ACP) States (including Mauritius) and India had had arrangements under the Sugar Protocol to the ACP-EC Cotonou Partnership Agreement (1975) to supply sugar on preferential terms to the EU market. CEU 2007 https://www.consilium.europa.eu/uedocs/cms_data/docs /pressdata/en/misc/96172.pdf. 27 MESD Mauritius Environment Outlook Report 64; Lim Tung Environmental Law in Mauritius 285. 28 Lim Tung Environmental Law in Mauritius 294; Statistics Mauritius 2021 https://statsmauritius.govmu.org/Pages/Statistics/ESI/Environment/Env_Yr21.aspx.
The conversion of some agricultural lands belonging to large sugar companies to the purposes of the development of hotels and leisure facilities was part of the Mauritian government's strategy to diversify the sugar industry after the EU sugar reform, and to boost the tourism industry.
29
29 Lim Tung Environmental Law in Mauritius 286. 30 GN 116 of 2002 repealed by GN 217 of 2007; GN 217 of 2007. 31 GN 217 of 2007 (the Investment Promotion (REDS) Regulations); GN 129 of 2015.
land.
32
32 Freehold land does not include beachfront property, which is normally on lease by the state. 33 An IHS project relates to a hotel to be constructed within a clearly defined hotel development area. Regs 18A and 18B of the Investment Promotion (REDS) Regulations. 34 See Lim Tung Environmental Law in Mauritius 285.
By 2021 there were twelve smart cities
35
35 EDB SCS Guidelines. 36 Mauritius has limited land resources (an area of 1,865 km2). 37 The Mon Trésor Smart City project is close to the airport and comprises a business gateway, offices, logistics/light industrial park, freeport zone, 600 residential lots, 300 villas/duplexes, 100 apartments, a commercial centre, a leisure complex, a small and medium enterprises (SMEs) incubator, a film studio, a civic centre, an education and art hub on freehold land of an extent of 184.1018 ha at Mon Trésor and La Cambuse. See MTSCCL Date Unknown https://environment.govmu.org/Documents/eia/eiareports/2018/2211-smart%20city%20tresor/mtsc1.pdf. Trade Park Mon Trésor Ltd has also declared an area of 24.1620 ha out of the smart city project as a freeport zone. Lexpressproperty 2017 https://www.lexpressproperty.com/en/news-advices/invest/our-files/the-smart-city-scheme/projects-under-the-smart-city-scheme.html. 38 This smart city project has a total surface area of 350 ha and has a mix of residential, industrial, commercial, medical and recreational developments. See Medine Date Unknown https://www.medineproperty.com/master-planning-communities/. 39 It is a mixed-use development by Trimetys Limited with an education zone, office spaces, a boutique hotel, residential units, a civic centre and public amenities including jogging and cycle tracks. Phase 1 of the project covers 105 arpents. Lexpressproperty 2017 https://www.lexpressproperty.com/en/news-advices/invest/our-files/the-smart-city-scheme/projects-under-the-smart-city-scheme.html.
Plan
40
40 Terragri Ltd's smart city project extends over 540 arpents at Beau Plan with residential units, mixed use development, a creative park and a university campus development over 4.9 ha. Existing infrastructure such as L'Aventure du Sucre and Beau Plan Business Park has been included in the smart city. Lexpressproperty 2017 https://www.lexpressproperty.com/en/news-advices/invest/our-files/the-smart-city-scheme/projects-under-the-smart-city-scheme.html. 41 Phase 1 of the project extends over 49.4 arpents and started with the development of the hospitality component in 2016. Garden of Eden Square is based on Chinese architecture and will comprise a wedding and entertainment venue. Lexpressproperty 2017 https://www.lexpressproperty.com/en/news-advices/ invest/our-files/the-smart-city-scheme/projects-under-the-smart-city-scheme.html. 42 The Savannah Connected Countryside covers 440 acres, including 365 acres in the scope of the Smart City Scheme in the South. Most of the 7 000 acres of this property will be cane fields and the coastline will remain as it is with cattle roaming randomly. Savannah Connected Countryside Date Unknown https://savannah.mu/en/smart-initiatives/. 43 Montebello Smart City (MaxCity) is in phase 1 on 50 ha with the Montebello Nature Walk on 1.5 km with centenary and endemic trees. The residential properties are built along the St Louis River Pedestrian walk. Montebello Date Unknown https://montebello.mu/. 44 Phase 1 of Moka Smart City will be a mixed-use development comprising 2 287 residential units, commercial and offices spaces, education and student accommodation, sports facilities, health and medical services, a business incubator and a bus terminus over freehold land of an extent of 456 arpents at Moka. Lexpressproperty 2017 https://www.lexpressproperty.com/en/news-advices/invest/our-files/the-smart-city-scheme/projects-under-the-smart-city-scheme.html. Arpent is an old French unit of land area that is used in Mauritius. 1 arpent is 0.85 acre (0.34 ha). Merriam Webster Dictionary 2023 https://www.merriam-webster.com/dictionary/arpent#:~:text=plural%20arpents%20%C3%A4r%2D%CB%88p%C3%A4%E2%81%BF(z,side%20of%20a%20square%20arpent.
The following section presents the concept of environmental sustainability in Mauritian laws and policies before analysing the environmental sustainability of smart cities in the country.
3 The concept of environmental sustainability in Mauritius
The concept of "sustainability" can be said to be in its infancy in Mauritian policies, particularly in land and environmental planning.
45
45 Baguant-Moonshiram, Samy and Thomas 2013 The Sustainable City 247.
sustainable island with the "Maurice Ile Durable" (MID) concept to make Mauritius a model SIDS for sustainable development.
46
46 MESD Mauritius Environment Outlook Report 15; MESD Maurice Ile Durable Policy Strategy and Action Plan. 47 MESD Maurice Ile Durable Policy, Strategy and Action Plan. 48 The goal of Maurice Ile Durable (MID) is to achieve sustainable development in the five E's (energy, environment, economy, education, equity). MESD Maurice Ile Durable Policy, Strategy and Action Plan 3-4. 49 UNDP Transforming our World. See the MESD Maurice Ile Durable Policy, Strategy and Action Plan; the Three-Year Strategic Plan 2018/19-2020/21, the Mauritius Vision 2030 and the Government Programme 2020-2024 are short term and longer-term action plans to transform Mauritius into an environmentally sustainable and economically vibrant country. RoM 2018 https://mof.govmu.org/Documents/Documents/Budget%202018-2019/Three%20Year%20Strategic%20Plan%20201819-202021.pdf; Foreign Affairs 2017 https://d1bf23g64f8xve.cloudfront.net/sites/default/files/downloads/ policy-database//MAURITIUS%29%20VIsion%202030.pdf; RoM 2020 https://govmu.org/EN/programme/Pages/default.aspx. 50 Foreign Affairs 2017 https://d1bf23g64f8xve.cloudfront.net/sites/default/files/ downloads/policy-database//MAURITIUS%29%20VIsion%202030.pdf. 51 Foreign Affairs 2017 https://d1bf23g64f8xve.cloudfront.net/sites/default/files/ downloads/policy-database//MAURITIUS%29%20VIsion%202030.pdf.
The Masterplan on the Environment for Mauritius (2020-2030) is the first national environmental policy focussing on sustainability and its transition (transition écologique) in Mauritius.
52
52 MESWMCC Environment Masterplan vii. 53 MESWMCC Environment Masterplan vii. 54 "Environmental culture, urbanism and environmental policy, climatic change, coastal zone and marine environment, biodiversity and natural resources, pollution control, waste management, control of plastic waste". MESWMCC Environment Masterplan xv.
strategy acknowledges that the transition towards environmentally sustainable, low emissions and climate-resilient development pathways is necessary to achieve the 2030 Agenda for Sustainable Development.
55
55 MESWMCC Environment Masterplan vii. 56 NDRRMC 2020 https://ndrrmc.govmu.org/Pages/NDRRMStrategicFrame work.aspx. 57 BOI SCS Guidelines 6-7. 58 BOI SCS Guidelines 45. 59 EDB SCS Guidelines 56. 60 EDB SCS Guidelines 56.
Mauritian laws do not provide a legal definition of "environmental sustainability". The Environment Protection Act (EPA) of 2002 does not define the term "sustainable" although the introductory part of the EPA states that it provides for the protection and management of the environmental assets of Mauritius and fosters harmony between sustainable development and environmental protection. According to the Mauritian SCS Regulations, a smart city is required to be an ecologically sustainable
61
61 Regulation 4(b)(iv) in GN 129 of 2015. 62 See reg 4(a) of the SCS Regulations. 63 EDB SCS Guidelines.
sustainable communities and guidance on practical local implementation based on international standards but only summaries of such standards are publicly available.
64
64 MSB MS ISO 37106:2018; MSB MS ISO 37104:2019.
In the light of the lack of precision of the term "environmentally sustainable" in national policies and laws in Mauritius, a legal definition of the terms "environmentally sustainable" or "ecologically sustainable" and national guidelines in the country are necessary for better implementation. For the purposes of this article, environmental sustainability in Mauritius will include resource efficiency, climate change adaptation and mitigation measures and resilience to disaster to meet the needs of current generations of Mauritians without compromising the right of future generations to meet their SDGs. As a SIDS with limited land and natural resources, it is important for Mauritius to engage in environmentally sustainable land use projects and development pathways.
65
65 Khan et al "Ecodesigning for Ecological Sustainability" 590-592. According to the UN Brundtland Commission in 1987, "sustainability" means "meeting the needs of the present without compromising the ability of future generations to meet their own needs". UN Date Unknown https://www.un.org/en/academic-impact/sustainability.
After having looked into the concept of environmental sustainability in Mauritius, the following section of this paper analyses the environmental sustainability of smart cities against the backdrop of land use planning in the country.
4 Environmental sustainability of smart cities in the context of land use planning in Mauritius
The following sub-section provides an overview of the legal framework for smart cities and national policies which may apply to smart cities in Mauritius before analysing the environmental sustainability of such cities and making the recommendations necessary to improving their environmental sustainability.
4.1 Smart city regulation and policy in Mauritius
A smart city is regulated mainly in terms of size, design, purposes and sale, with different legal requirements for the certificates and permits to be obtained before starting its development. There are obligations for the smart city company regarding the sale of land and residential properties, permanent residency for non-citizens, as well as fiscal and non-fiscal incentives.
4.1.1 Regulation of smart cities in Mauritius
Although a specific or stand-alone law (e.g. Smart City Act) or subsidiary regulations under the Building Act or the Planning and Development Act (PDA) could have regulated smart cities, the SCS Regulations were set up under the IPA (hereafter the "SCS Regulations").
66
66 SCS Regulations. 67 Section 43(11) of the EDBA.
4.1.1.1 The Mauritian smart city concept
The Mauritian SCS Regulations do not provide the definition of a smart city. They enunciate that the object of the SCS is to promote the creation of smart cities across Mauritius with specific requirements in terms of size, project design and the use of land within a coherent Master Plan focussing on innovation, sustainability, efficiency and quality of life.
68
68 See reg 4(a) of the SCS Regulations. 69 The "technopole" project (reg 5(3) of the SCS Regulations) is closer to a "digital city" and may be developed on an area of less than 21.105 ha with high-tech industrial research and development facilities and high energy efficiency measures. It has to provide for business facilities with a mandatory innovation cluster and provide day-to-day management services through a Smart City Management Company (reg 5(3)(b) of the SCS Regulations). The requirement of a 25% sale of residential properties to citizens of Mauritius or members of the Mauritian Diaspora under the Mauritian Diaspora Scheme does not apply to the technopole project (reg 5(4) of the SCS Regulations). 70 An integrate resort scheme (IRS) project contains luxury villas (which do not exceed 0.5276 hectare (1.25 arpents)). See reg 5 of the Investment Promotion (REDS) Regulations. 71 The RES for small landowners allows the development of any mix of residences for sale mainly to non-citizens on freehold land of an extent of at least one arpent but not exceeding 10 ha. Approximately thirty projects with RES residences have been approved by the BOI. See reg 12 of the Investment Promotion (REDS) Regulations.
development with business facilities (with a mandatory innovation cluster), affordable residential properties, civic centres and leisure amenities.
72
72 Regulation 5(1) of the SCS Regulations.
The SCS Regulations specify that a smart city is required to provide an environment-friendly working, living and leisure space with its own energy and water resources, state-of-the-art connectivity, smart modern transportation and reduced traffic congestion.
73
73 Regulation 4(b)(i) in GN 129 of 2015. 74 Affordable housing units for middle-income earners. Reg 5(2)(e) of the SCS Regulations. 75 Zygiaris 2013 Journal of the Knowledge Economy 217-218. 76 MSB MS ISO 37106:2018; MSB MS ISO 37104:2019. 77 MSB MS ISO 37106:2018; MSB MS ISO 37104:2019. 78 See the ISO Standard ISO 37122:2019 for sustainable cities and communities, which provides indicators for smart cities and was finalised in 2020. Other international bodies have contributed to or formulated smart city standards, namely the European Committee for Standardization, the European Committee for Electrotechnical Standardization, the British Standards Institute, the European Telecommunications Standards Institute (ETSI), the United Nations specialised agency for information and communication technologies (ITU) and the International Electrotechnical Commission (IEC) 53. DCG South African Smart Cities Framework 17-18; ISO 2019 https://www.iso.org/standard/69050.html.
4.1.1.2 Main procedural requirements for a smart city project
A smart city needs to respect specific conditions regarding its size, its design, its purposes and its sale, and has to respect land planning laws.
79
79 Land use planning and management is mainly regulated by the TCPA, the Planning and Development Act 32 of 2004 (PDA) as well as other laws impacting on the planning process such as the Local Government Act 36 of 2011, the Sugar Industry Efficiency Act 20 of 2001 (SIEA), the Cadastral Survey Act 22 of 2011 and the National Heritage Fund Act 40 of 2003.
The SCS Guidelines
80
80 The first SCS Guidelines came into being in 2015 (BOI SCS Guidelines) but they were amended in 2020 (see EDB SCS Guidelines). 81 The SCS was first administered by the BOI under the IPA, but the EDB replaced the BOI when the EDBA replaced the IPA (EDB SCS Guidelines 8).
A smart city promoter may submit an application for a SCS certificate without submitting a development proposal and letter of comfort for the smart city project. However, going through the development proposal stage may allow the EDB, in consultation with the parties concerned, to review, modify and adjust the development proposal or smart city project in view of the application for a SCS certificate.
A smart city promoter may submit a development proposal for the proposed smart city project with the project brief, the site location plan, and a document providing the existing land use and constraints, and proof of ownership of the land to the Chief Executive Officer (CEO) of the EDB.
82
82 Proof of ownership of land by way of an extract of deed certified by notary. Reg 7(2) of the SCS Regulations; EDB SCS Guidelines 13. 83 EDB SCS Guidelines 13. 84 Regulation 8(3) of the SCS Regulations. 85 EDB SCS Guidelines 14-15.
The smart city promoter has to be registered as a company to be able to apply for the SCS certificate to develop the smart city.
86
86 Regulations 7(1) and 9(1) of the SCS Regulations. 87 The sub-division plan contains any road to give access to public roads, construction works, the extent of all lots and green spaces, any river, feeder or
man-made drains, any environmentally sensitive areas (ESAs), and any bad neighbour (e.g. a stone-crushing plant, poultry farms). EDB SCS Guidelines 16.
social obligations for the smart city company, which are indicated in the SCS Guidelines.
88
88 Regulation 5(2)(c) of the SCS Regulations. The smart city developer must submit a social impact assessment report evaluating the impacts of the proposed smart city on the quality of life of the communities who may be affected by the project. Another social obligation of the promoters of smart city projects is the contribution of Mauritian Rupees (MUR) 25,000 for the sale of every residential unit or serviced plot to a social fund to be set up as a SCS social fund under the Finance and Audit Act 38 of 1973. See EDB SCS Guidelines 16 and 31. 89 See reg 9(2)(c) of the SCS Regulations. 90 Regulation 9(4) of the SCS Regulations. 91 EDB SCS Guidelines 18.
The smart city company must apply for the required permits (BLUP, Land Conversion Permit) and licences through the EBD One Stop-Shop.
92
92 EDB SCS Guidelines 19. See Part B of the First Schedule of the Environment Protection Act 19 of 2002 (the EPA) for the list of undertakings requiring an environment impact assessment (EIA) licence. 93 The Ministry of Agro Industry and Food Security authorises the conversion of agricultural land to non-agricultural use (s 28 of the SIEA, as amended). 94 Regulation 9(5) of the SCS Regulations.
When a company gets a SCS certificate it is responsible for implementing all the components of the smart city project in a timely manner as approved by the EDB.
95
95 EDB SCS Guidelines 29. 96 Regulation 9(6) of the SCS Regulations.
and the general implementation of the project to the SCS Technical Committee.
97
97 EDB SCS Guidelines 29.
4.1.1.3 Obligations regarding the sale of bare land/serviced land/residential properties in a smart city
The smart city company has specific conditions to respect regarding the sale of bare land, serviced land for business purposes and residential properties in the smart city.
A smart city company issued with a SCS certificate may sell bare land or serviced land to a smart city developer.
98
98 Serviced land refers to land where all infrastructural works including roads, walls, landscaping and utility services have been completed. EDB SCS Guidelines 32-33. 99 Each plot of serviced land should not exceed 2 100 m2 in area. EDB SCS Guidelines 35. 100 EDB SCS Guidelines 35. 101 Non-Citizens (Property Restriction) Act 22 of 1975.
At least 25% of the residential properties of the smart city are required to be sold to citizens of Mauritius or members of the Mauritian Diaspora registered with the EDB under the Mauritian Diaspora Scheme (MDS).
102
102 This scheme targets incentives for the return of the dispersed Mauritian Diaspora community. EDB SCS Guidelines 35. See MDS 2023 http://www.diaspora.mu/. Persons eligible to acquire residential property or units or any other part of a hotel are a non-citizen; a citizen of Mauritius; a company registered as a foreign company under the Companies Act 15 of 2001; a societé, where its deed of formation is deposited with the Registrar of Companies; and a trust, where the trusteeship services are provided by a qualified trustee. See reg 19 of the SCS Regulations.
The deed of sale must contain standards for construction works verified by an independent quality assurance contractor, who must provide a clearance certificate to the buyer when the immovable property is
delivered.
103
103 EDB SCS Guidelines 42. 104 EDB SCS Guidelines 42. 105 EDB SCS Guidelines 46.
4.1.1.4 Permanent residency incentives for non-citizens
A residence permit in accordance with the Immigration Act
106
106 Immigration Act 13 of 1970; reg 21 of the SCS Regulations. 107 EDB SCS Guidelines 44. 108 Regulation 18(1) of the SCS Regulations. 109 EDB SCS Guidelines 44. 110 EDB SCS Guidelines 44.
However, a non-citizen who acquires a plot of serviced land shall not be eligible to apply for a residence permit unless the construction of a residential property has been completed on that plot.
111
111 EDB SCS Guidelines 44-45. 112 EDB SCS Guidelines 45. 113 EDB SCS Guidelines 45.
4.1.1.5 Fiscal and non-fiscal incentives
A smart city company which has a SCS certificate is exempted from income tax for eight years from the time the SCS certificate has been granted if the income comes from an activity concerning the development, sale, rental or management of immovable property.
114
114 EDB SCS Guidelines 51.
Taxes from which a developer may be exempted include the land transfer tax and registration duty on the transfer of land into the smart city company for the development of the smart city project if the transferor has shares in the smart city company equivalent to the value of the land transferred.
115
115 EDB SCS Guidelines 51. 116 EDB SCS Guidelines 51. 117 EDB SCS Guidelines 51.
Exemption also includes the land conversion tax for the land earmarked for the development of non-residential components (office and business premises, tourist, leisure and entertainment facilities, renewable energy and green initiatives).
118
118 EDB SCS Guidelines 51.
Other incentives include the exemption of customs duty on the import or purchase of any dutiable goods other than furniture to be used for infrastructural works and the construction of buildings in the smart city.
119
119 EDB SCS Guidelines 52. 120 EDB SCS Guidelines 52. 121 EDB SCS Guidelines 52; Morcellement Act 28 of 1990.
Non-fiscal incentives for a smart city company with a SCS certificate are an annual allowance of 50% of the costs of expenses on renewable energy, energy-efficient equipment or noise control devices, water-efficient equipment and rainwater harvesting equipment.
122
122 EDB SCS Guidelines 52.
applies to pollution control equipment, wastewater recycling equipment, chemical control devices, desalination plants and composting equipment, as well as equipment for sorting and recycling plastic.
123
123 EDB SCS Guidelines 52.
The regulatory framework for smart cities also includes national policies, particularly land use policies, which a smart city in Mauritius is required to respect.
4.2 Smart city planning and land use policies
Smart cities must not only respect other planning and building legislation
124
124 The PDA, the Local Government Act 36 of 2011, and the Building Control Act 9 of 2012. 125 The 2003 National Development Strategy (NDS) provides a national strategy and policy framework which strengthens the 1994 NPDP. Local development plans and planning guidelines for residential, commercial, industrial and hotel development were developed to ensure better land use planning. MESD Mauritius Environment Outlook Report 10. 126 Planning Policy Guidelines (PPG) documents are written statements with guidance on particular planning issues and assist developers and local authorities to comply with principles for good design and the location of activities. MESD Mauritius Environment Outlook Report 14. See ss 13-20 of the PDA. 127 In 2006 NDS proposals were translated at the local level through the preparation and approval of local development plans with proposals for the physical development of a planning area. These plans apply to a municipal council or district council area and help local authorities to plan, shape and control the use of land in their areas. MESD Mauritius Environment Outlook Report 10.
Smart city planning also needs to be in line with the Multi Annual Adaptation Strategy
128
128 The Multi Annual Adaptation Strategy (MAAS) 2006-2015 was devised in the context of the phasing out of the preferential treatment on sugar prices guaranteed by the European Community. Lim Tung Environmental Law in Mauritius 193-194.
prices.
129
129 The Strategic Environment Impact Assessment (SEIA) of the Multi Annual Adaptation Strategy for the reform of the sugar sector (SEA-MAAS) highlights the environmental impacts of land use change and proposes mitigation measures to minimise the effects of the sugar sector reform. RoM MSINA Report 60. 130 RoM MSINA Report 28-29, 60.
After having looked into the regulatory framework of smart cities, the following section examines the environmental sustainability of smart cities in Mauritius.
4.3 Smart cities and environmental sustainability in Mauritius
According to the 2015 SCS Guidelines, one of the strengths of a smart city is its ability to increase sustainability and better manage natural resources through the use of smart policies and smart applications,
131
131 BOI SCS Guidelines 45. 132 EDB SCS Guidelines 56. 133 Regulation 4(b)(iv) in GN 129 of 2015. 134 Regulation 4(a) of the SCS Regulations. 135 Regulations 4(b)(i) and 5(2)(d)(ii)) of the SCS Regulations. 136 Sustainable cities need investment inter alia in "renewable energy sources, efficiency in the use of water and electricity, design and implementation of compact cities, retrofitting of buildings and increase of green areas, fast, reliable and affordable public transportation as well as improved waste and recycling systems": UN "Towards Sustainable Cities" 53; Toli and Murtagh 2020 Frontiers in Built Environment 6. A vital pillar of a smart city project is to have a smart environment and its ability to increase sustainability and better manage natural resources through the use of smart policies and smart applications. See EDB SCS Guidelines 57.
measures, and resilience to disaster to meet the needs of current generations of Mauritians without compromising the right of future generations to meet their SDG.
137
137 SDG 11 "Make cities and human settlements inclusive, safe, resilient and sustainable" of the 2030 Agenda for Sustainable Development (UNDP Transforming our World) targets sustainable cities and communities to achieve long-term benefits.
4.3.1 Improvements and recommendations regarding energy efficiency
The SCS Regulations specify the voluntary use of "high-performance energy efficiency measures" such as technology products or practices to save operational costs through reduced energy consumption and utility costs.
138
138 Regulation 5(5) in of the SCS Regulations.
It is commendable that smart cities in Mauritius are expected to use a maximum of renewable sources of energy (solar panels on public buildings, wind turbines) and energy management systems or eco-friendly mechanisms, but no standard is specified for energy efficiency.
139
139 Smartcity 2022 https://smartcity.press/environmental-benefits-sc/. 140 Moka Smart City indicates the use of the Leadership in Energy and Environmental Design (LEED) standards for energy consumption and its application for the LEED-ND certification (Lexpressproperty 2017 https://www.lexpressproperty.com/en/ news-advices/invest/our-files/the-smart-city-scheme/projects-under-the-smart-city-scheme.html). The Savannah Connected Countryside also targets the LEED-ND certification for high environmental quality buildings as well as photovoltaic and hydraulic facilities (Savannah Connected Countryside Date Unknown https://savannah.mu/en/smart-initiatives/). 141 USGBC Date Unknown https://www.usgbc.org/leed; Luxury 2019 https://www.luxury-in-mauritius.com/escape/mon-tresor-smart-city-a-glimpse-into-the-future. 142 Moka Smart City indicates the use of the LEED standards for energy consumption and its application for the LEED-ND certification (Lexpressproperty 2017 https://www.lexpressproperty.com/en/news-advices/invest/our-files/the-smart-city-scheme/projects-under-the-smart-city-scheme.html). The Savannah Connected
Countryside also targets the LEED-ND certification for high environmental quality buildings as well as photovoltaic and hydraulic facilities (Savannah Connected Countryside Date Unknown https://savannah.mu/en/smart-initiatives/).
the use of energy efficiency standards, while other smart cities need to improve on their energy efficiency efforts to better contribute to climate change mitigation. In view of the imperative of climate change mitigation, energy-efficient buildings, particularly the optimisation of buildings with energy-efficient cooling systems, are also necessary for Mauritius. A list of standards for energy efficiency
143
143 See the Mauritian Standard for energy efficient household dishwashers (MSB 2022 http://mauritianstandards.com/ms-2052022-energy-efficiency-energy-labelling-of-household-dishwashers-requirements/). 144 EDB SCS Guidelines 54.
In order to reduce traffic congestion and the emission of greenhouse gases, the majority of the residential population of a smart city in Mauritius is meant to live and work in the same location. Smart cities are expected to use land with commercial, leisure and residential properties in the same pedestrian-oriented urban environment where transport is limited to the pedestrian and bike paths or smart-ride sharing. Among the smart cities already approved in mainland Mauritius, however, it is mainly the Savannah Connected Countryside, Uniciti and Montebello that will have pedestrian pathways, while the Savannah Connected Countryside and Uniciti will have cycling paths.
145
145 Medine Date Unknown https://www.medineproperty.com/master-planning-communities/; Savannah Connected Countryside Date Unknown https://savannah.mu/en/smart-initiatives/.
4.3.2 Improvements and recommendations regarding autonomous water systems
Although smart cities are expected to cater for their own water needs to the extent possible, none of the smart cities provide information on their provision of autonomous or sustainable water systems.
146
146 Regulation 5(5)(b) of the SCS Regulations; BOI SCS Guidelines 8; Lexpressproperty 2017 https://www.lexpressproperty.com/en/news-advices/ invest/our-files/the-smart-city-scheme/projects-under-the-smart-city-scheme.html; Savannah Connected Countryside Date Unknown https://savannah.mu/en/smart-initiatives/.
and other factors, flash floods and droughts have become more frequent and need to be managed through the identification of flash flood-prone and vulnerable areas and storm-resilient infrastructure.
147
147 NDRRMC 2020 https://ndrrmc.govmu.org/Pages/NDRRMStrategicFramework.aspx 20, 32. 148 MEPU 2020 https://publicutilities.govmu.org/Pages/Water%20Sector/WRU.aspx# waterIndicators.
In the light of the scarcity of freshwater resources, it is recommended that urban planning for smart cities in Mauritius provides for sustainable or autonomous water usage systems, wastewater recycling and rainwater harvesting equipment. Rain-harvesting systems for buildings and residential properties are not compulsory in Mauritius, but encouraging smart cities to be equipped with such systems would contribute to adapting to climate change. However, none of the smart city projects include the requirement of the provision of rain-harvesting equipment for buildings and residential properties.
149
149 Lexpressproperty 2017 https://www.lexpressproperty.com/en/news-advices/ invest/our-files/the-smart-city-scheme/projects-under-the-smart-city-scheme.html; Savannah Connected Countryside Date Unknown https://savannah.mu/en/smart-initiatives/; Medine Date Unknown https://www.medineproperty.com/master-planning-communities/. 150 BOI SCS Guidelines 41. 151 Lexpressproperty 2017 https://www.lexpressproperty.com/en/news-advices/ invest/our-files/the-smart-city-scheme/projects-under-the-smart-city-scheme.html; Savannah Connected Countryside Date Unknown https://savannah.mu/en/smart-initiatives/. 152 Lexpressproperty 2017 https://www.lexpressproperty.com/en/news-advices/ invest/our-files/the-smart-city-scheme/projects-under-the-smart-city-scheme.html; Savannah Connected Countryside Date Unknown https://savannah.mu/en/smart-initiatives/; Medine Date Unknown https://www.medineproperty.com/master-planning-communities/.
4.3.3 Improvements and recommendations regarding autonomous waste management systems for smart cities
According to the SCS Regulations and the SCS Guidelines, smart cities are expected to the extent possible to have autonomous waste management systems and report on such systems.
153
153 Regulation 5(5)(b) of the SCS Regulations; EDB SCS Guidelines 10. 154 Over eight million tonnes of wastes have been disposed at this landfill since 1997. MESWMCC Annual Report 8. 155 EDB SCS Guidelines 52. 156 Savannah Connected Countryside Date Unknown https://savannah.mu/en/smart-initiatives/. 157 Solid waste is collected by the local authorities, but the Ministry of Environment, Solid Waste Management and Climate Change (MESWMCC) is responsible for the management of solid waste and hazardous waste through its Solid Waste Management Division. Solid wastes are disposed at the Mare Chicose Landfill, the sole landfill on mainland Mauritius. Lim Tung Environmental Law in Mauritius 45. The Waste Management and Resource Recovery Act 3 of 2023 has been voted in 2023.
4.3.4 Improvements and recommendations regarding the preservation of the environment and the optimisation of natural resources
Smart cities need to respect the long-term preservation of the environment and natural resources and to respect intergenerational equity, allowing for future generations to maintain access to resources.
158
158 ITU 2016 https://www.itu.int/en/ITU-T/focusgroups/ssc/Pages/default.aspx; Toli and Murtagh 2020 Frontiers in Built Environment 5.
SCS Regulations the development of a smart city project requires "proper management, development and conservation of natural and man-made resources for the purposes of promoting a better environment".
159
159 Regulation 4(b)(iii) of the SCS Regulations. 160 See reg 5(2)(d)(ii)) of the SCS Regulations. 161 As per the Cadastral Survey Act 22 of 2011 and the Forests and Reserves Act 41 of 1983. 162 EDB SCS Guidelines 16. 163 The EPA; MESWMCC 2022 https://environment.govmu.org/DocumentsList/ Masterplan%20for%20the%20Republic%20of%20Mauritius.pdf; RoM 2006 https://www.cbd.int/doc/world/mu/mu-nbsap-01-en.pdf; MAIFPS National Strategy and Action Plan for Invasive Species; RoM Fourth National Report; MESWMCC 2022 https://environment.govmu.org/DocumentsList/Report%20%20on%20Circular %20Economy%2014.10.22.pdf. 164 MAIFPS STUDY 3; MESD Environmentally Sensitive Areas Classification Report; MESD Development of an Integrated Coastal Zone Management Framework; RoM National Report on the Implementation of the Ramsar Convention; MESD Policy Guidance for Environmentally Sensitive Areas; MESD Guideline on the Content of an Environment Impact Assessment Report. 165 RoM Third National Communication; RoM Long-Term Energy Strategy; RoM Energy Strategy Action Plan; GoM Outline on Energy Policy; Maxwell Stamp PLC Renewable Energy Management Master Plan; MEPU Renewable Energy Roadmap. 166 NDRRMC National Disasters Scheme; GoM National Disaster Risk Reduction and Management Policy. 167 Section 30(3) of the Climate Change Act 11 of 2020.
generally accepted good practice pertaining to disaster risk reduction and management.
168
168 NDRRMC 2020 https://ndrrmc.govmu.org/Pages/NDRRMStrategic Framework.aspx.
In terms of the preservation of the environment, all the approved smart cities respect the provision that construction of residential properties may take place on not more than 50% of the total land area to respect the natural resources within their boundaries.
169
169 Lexpressproperty 2017 https://www.lexpressproperty.com/en/news-advices/invest/our-files/the-smart-city-scheme/projects-under-the-smart-city-scheme.html; Savannah Connected Countryside Date Unknown https://savannah.mu/en/smart-initiatives/; Medine Date Unknown https://www.medineproperty.com/master-planning-communities/.
Although an EIA is required for a smart city project, given the fast-track procedure to obtain the necessary licences and permits (through the EDB Business Facilitation One-Stop Shop), a full evaluation of the possible environmental and socio-economic impacts may arguably not be possible.
170
170 Regulation 6(8)(a) of the SCS Regulations and s 21(4)(a) of the EDBA. 171 BOI SCS Guidelines 15-17. 172 Public comments were submitted by the non-governmental organisation (NGO) Platform Moris Lanvironnman (PML) in April 2022 requesting a SEIA on the whole site instead of an EIA. The promoter of the project, PR Capital, submitted the first EIA report in April 2022, which targeted only part of the Roches Noires Smart City (358 ha) and which concerned a hotel on 44 ha of land. PR Capital 2022 https://business.edbmauritius.org/publiccomments/api/application/register/EIA/ENV-ESDD-EIA-2022-3/document/%7BAF75E20B-BA2B-4417-9D91-3E5CA3E44146%7D. 173 PR Capital 2022 https://business.edbmauritius.org/publiccomments/api/ application/register/EIA/ENV-ESDD-EIA-2022-3/document/%7BAF75E20B-BA2B-4417-9D91-3E5CA3E44146%7D.
In order to better optimise the use of land resources, the smart cities could promote urban agriculture and food production where possible, since many of them are being established on what was prime agricultural lands. The release of prime agricultural land must be carefully planned, taking into consideration food security after the Covid 19 pandemic and the consequences of the armed conflict between Ukraine and Russia. Food security is a key concern for Mauritius, and it is recommended that different aspects of urban farming be incorporated in smart cities to grow food for personal consumption and through communal gardening.
After having made recommendations for the improvement of the development of smart cities in Mauritius in view of better environmental sustainability in the context of land use planning, other general recommendations are as follows. A legal definition of "sustainability" and "ecologically sustainable" is necessary for the better realisation of these goals. Since the SCS Guidelines indicate that the smart city concept could apply to existing sites
174
174 Provided they meet the set criteria and requirements of the Scheme. BOI SCS Guidelines 8. 175 Governance for sustainability is defined as "the set of written and unwritten rules that link ecological citizenship with the institutions and norms of governance". Bosselmann, Engel and Taylor Governance for Sustainability xiv.
5 Concluding remarks
While sustainable and coordinated urban development is important for Mauritius, most weight seems to be placed on investment promotion with the application of permits and licences to be facilitated and fast tracked through the Investment Projects Fast-Track Committee/EDB One-Stop Shop.
176
176 EDB SCS Guidelines 52; Lim Tung Environmental Law in Mauritius 299.
Environmental sustainability is mentioned in the SCS Regulations, but the lack of a definition does not help to implement environmental sustainability in smart city projects. Legal definitions of "sustainability" and "ecologically sustainable" would help towards the better implementation of these terms. If the conversion of agricultural land is essential to diversify the sugar industry after the dismantling of the Sugar Protocol, the optimisation of land resources is necessary. The release of prime agricultural land requires better planning to the extent that land resources are limited in the country. A SEIA could help to better evaluate the environmental impacts of a smart city project and prepare mitigation measures accordingly. Smart city projects must be carefully planned and limited in number. Yet, while there are twelve main cities in mainland Mauritius, twelve smart cities in different phases of completion have been approved in mainland Mauritius from 2015 to 2021, and other such projects are seeking regulatory approval.
Most smart cities in Mauritius are newly established towns. Smart city elements are not being integrated in existing cities. The SCS Guidelines indicates that the smart city concept could apply to existing cities as well, but it remains to be seen which cities could be chosen to be converted into smart cities.
Energy efficiency, water use management and efficiency, sustainable waste management and environmental resource preservation and optimisation are the proposed main environmental benefits of smart cities in mainland Mauritius. Indeed, smart cities could contribute to reducing greenhouse gas emissions with the use of renewable sources of energy, energy efficiency and better transport, but monitoring is important for effective implementation and adequate enforcement. Enforcement mechanisms and strict adherence to planning guidelines and legislation should be strengthened for smart city projects.
177
177 MESD Maurice Ile Durable Policy, Strategy and Action Plan 14.
Sustainable urban development is important for Mauritius but twelve smart cities have already been approved and other smart cities are in the process of being approved, which are more than enough for a SIDS. Given the consequences of the Covid 19 pandemic and of the armed conflict between Ukraine and Russia, Mauritius has other priorities than rapid urban development to take into consideration. The need for national decision-makers to carry out an appropriate balance of interests in
development projects in view of sustainable development cannot be overstated.
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Finance and Audit Act 38 of 1973
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List of Abbreviations
ACP |
African Caribbean Pacific |
---|---|
ACP-EU |
African Caribbean Pacific-European Union |
BOI |
Board of Investment |
BLUP |
Building and Land Use Permit |
CEO |
Chief Executive Officer |
CEU |
Council of the European Union |
CIF |
cost, insurance and freight |
CSO |
Central Statistics Office |
DCG |
Department of Cooperative Governance |
EDB |
Economic Development Board |
EDBA |
Economic Development Board Act 11 of 2017 |
EIA |
environment impact assessment |
EPA |
Environment Protection Act 19 of 2002 |
ESAs |
environmental sensitive areas |
ETSI |
European Telecommunications Standards Institute |
EU |
European Union |
GoM |
Government of Mauritius |
ICT |
information and communication technology |
IHS |
Invest Hotel Scheme |
IPA |
Investment Promotion Act 42 of 2000 |
IRS |
Integrated Resort Scheme |
ISO |
International Standards Organisation |
ITU |
International Telecommunication Union |
LEED |
Leadership in Energy and Environmental Design |
LEED-ND |
Leadership in Energy and Environmental Design Neighborhood Development |
MAAS |
Multi Annual Adaptation Strategy |
MAIFPS |
Ministry of Agro Industry, Food Production and Security |
MDS |
Mauritian Diaspora Scheme |
MEPU |
Ministry of Energy and Public Utilities |
MESD |
Ministry of Environment and Sustainable Development |
MESWMCC |
Ministry of Environment, Solid Waste Management and Climate Change |
MID |
Maurice Ile Durable |
---|---|
MS |
Mauritian Standards |
MSB |
Mauritian Standards Bureau |
MSINA |
Mauritius Strategy for Implementation National Assessment |
MTSCCL |
Mon Trésor Smart City Company Ltd |
MUR |
Mauritian Rupees |
NBSAP |
National Biodiversity Strategy and Action Plan |
NDRRM |
National Disaster Risk Reduction Management |
NDRRMC |
National Disaster Risk Reduction and Management Centre |
NDS |
National Development Strategy |
NGO |
non-governmental organisation |
NPDP |
National Physical Development Plan |
OPS |
Outline Planning Scheme |
PDA |
Planning and Development Act 32 of 2004 |
PML |
Platform Moris Lanvironnman |
PPG |
Planning Policy Guidance |
REDS |
Real Estate Development Scheme |
RES |
Real Estate Scheme |
RNSC |
Roches Noires Smart City |
RoM |
Republic of Mauritius |
SCS |
Smart City Scheme |
SDG |
Sustainable Development Goal |
SEIA |
Strategic Environment Impact Assessment |
SIDS |
small island developing State |
SIEA |
Sugar Industry Efficiency Act 20 of 2001 |
SMEs |
small and medium enterprises |
TCPA |
Town and Country Planning Act 6 of 1954 |
UN |
United Nations |
UNDP |
United Nations Development Programme |
USD |
United States dollar |
USGBC |
United States Green Building Council |