| Overview : Local Legal Assistant to assist in the drafting of an Integrated Waste Management Legislative Framework, including the draft bill for Mauritius Project Description Mauritius is a small island developing State of total surface area 1868 km2 located to the East of Madagascar in the South-West Indian Ocean. Over the years, the island has developed from a low income economy to an upper middle income economy. Coupled with this economic growth and an increase in its population, the island has also experienced an average annual increase of 2% in solid wastes generation. Once the solid
wastes are generated, the collection service is ensured by the 12 Local Authorities located on the island through a door-to-door collection service. The solid wastes collected then transit through one of the five transfer stations located on the island prior to ultimate disposal at the landfill. Only solid wastes generated in the South and South-East of Mauritius are directly landfilled. Solid waste management in Mauritius has been mainly focussed on landfilling, with over 95% of the total solid wastes generated annually being disposed at the Mare Chicose landfill. Since 1997, the Mare Chicose landfill, the only landfill on the island, has received over nine Million tonnes of wastes and although the landfill has been ensuring the environmentally safe and sound management of solid wastes over the years, this is not a sustainable approach. The Government of Mauritius has thus decided to shift the practice in solid waste management from a linear approach to a circular economy model. In this regard, a new Solid Waste Management Strategy and Action Plan was developed in 2017, focussing on resource recovery and recycling in the short to medium term while tapping the energy recovery potential of solid wastes in the long term. Emanating from this strategy, the Ministry is planning on, amongst others, the implementation of waste segregation at source and setting-up of civic amenity centres. Furthermore, in the Government Programme 2020-2024, sustainable solid waste management is at the forefront of the agenda. Thus, a major change is warranted in the solid waste landscape. This will entail institutional reforms and capacity building to be spearheaded by the Solid Waste Management Division (SWMD) of the Ministry of Environment, Solid Waste Management and Climate Change (MoESWMCC). This gradual shift to a circular economy model must be translated into a proper legislative framework. Currently, there is no dedicated legislation in Mauritius that deals with solid waste management holistically. Regulations for specific waste streams are made under the Local Government Act (as amended) and the Environment Protection Act (as amended) while general provisions on solid waste management are likewise made under these two Acts. The current legislative and regulatory frameworks for solid waste management are not comprehensive and in some cases, the provisions are outdated leading to a weak enforcement of the laws. Furthermore, different Government organisations share concurrent jurisdiction over aspects of solid and hazardous waste management without a proper definition of roles and responsibilities of all involved stakeholders, thereby resulting in a fragmented and ineffective approach to solid and hazardous waste management. Penalties for infringing on solid waste management laws are also inconsistent and thus call for harmonisation. In addition, a number of gaps exist in the current legislative and regulatory frameworks that consider the aspect of waste management. This Ministry intends to develop an Integrated Waste Management Legislative Framework with the view of providing strategic direction and guidance towards sustainable solid and hazardous waste management practices in line with the concept of circular economy. This new legislative framework will assist the Ministry in adopting an integrated and sustainable approach for the sound management of all forms of
waste streams covering solid and hazardous wastes. The legislation will also draw from regional and international best practices on solid and hazardous waste management while taking into consideration the local prevailing conditions. In this context, it is proposed to procure the services of three consultants: One International Legal Expert and one Local Legal Assistant, with the International Legal Expert assuming the role of overall Team Leader, to undertake an in-depth review of existing legislations and regulations and consult related policies on solid and hazardous waste management to draft the contents of an Integrated Waste Management legislative
framework, including the draft bill; and one International Solid Waste Management Expert to undertake a situational analysis of solid waste management in Mauritius, review international best practices and carry out an institutional assessment of the SWMD of the MoESWMCC. The assessments of the International Solid Waste Management will serve as inputs to draft the Integrated Waste Management Framework, including the draft bill. Scope of Work The UNDP Mauritius Country Office seeks to procure the services of a Local Legal Assistant, who will work
in close consultation with and under the lead of the International Legal Expert, to provide consultancy
services as follows:
i. Carry out an in-depth review of all related legislations and regulations and consult policy documents in Mauritius to ensure that adequate provisions are made in the forthcoming legislation with regards to integrated and sustainable solid and hazardous waste management.
These include, but are not limited to the following:
- The Environment Protection Act (amended) and associated regulations and standards;
- The Local Government Act (amended) and associated regulations;
- Public Health Act 1925 and the Dangerous Chemical Control Act 2004;
- Occupational Safety and Health Act 2005;
- The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal;
- The Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa;
- Stockholm Convention on Persistent Organic Pollutants;
- The Minamata Convention on Mercury; and
- The Rotterdam Convention.
ii. Carry out extensive public consultations on solid and hazardous waste management issues using methods deemed appropriate including at least two workshops (one consultative and one validation workshop). The consultations will include, but not limited to the following:
- Ministries;
- Local Authorities;
- Parastatal organizations;
- Non-Government Organizations (NGOs);
- Recyclers and exporters of wastes;
- Academia;
- Business Communities;
- Waste management service providers (waste transport, processing/treatment, transfer station operators, landfill operator/s); and
- Industries involved in the following sectors: quarrying, commercial, manufacturing/processing, agriculture, construction, energy, water and transport, amongst others. iii. Develop an Integrated Waste Management Legal Framework, including the draft bill that allow enough adjustability to accommodate changing circumstances, including the following:
- International best practices on the holistic management of solid and hazardous waste including new and emerging issues with respect to environmental sustainability, concepts such as green and circular economy, nature-based solutions, sustainable consumption and production, resource efficiency, etc based on the review conducted by the Solid Waste Management Expert;
- Institutional arrangements and gap assessments, coordination mechanisms and segregation of duties using input from the Solid Waste Management Expert;
- Recommendations on possible legal and institutional frameworks that could facilitate the domestication of the provisions of Multilateral Environmental Agreements to which the Republic of Mauritius (RoM) is a party (to ensure compliance to Regional and International
commitments);
- Consultative process and community participation in solid and hazardous waste management;
- Obligations of waste generators, collectors of waste, operators of recovery/recycling facilities, operators of disposal facilities including storage, collection, transportation, disposal of waste and duty of care;
- Permits/registration of waste operators;
- Licensing and supervision of waste haulers/carriers;
- Licensing and supervision of recovery/recycling and treatment facilities; -Licensing and supervision of waste transfer and disposal facilities;
- Industrial waste management plans;
- Standards and regulations;
- Guidelines and codes of practice, amongst others, for the local authorities; waste management strategies and plans, operational standards of waste management facilities etc.
- Reporting and Auditing;
- Waste information management systems;
- Economic instruments and cost recovery;
- Litter and litter abatement measures; - Enforcement;
- Advisory Committees;
- Private sector participation;
- Extended Producer Responsibility;
- Banning of specific waste streams from transfer stations and the landfill;
- Penalties and offences;
- Miscellaneous provisions; and
- Gender dimensions.
iv. Act as resource person for the consultative and validation workshops.
For detailed information on the outputs and deliverables, please refer to the Terms of reference. Duration of the work The services of the consultant shall be required for a duration of 30 person days spread over 4 months, up to 18 February 2022. Duty Station Home-based for the consultant. The physical presence of the Local Legal Assistant is expected for coordinating meetings with the UNDP/SWMD of the MoESWMCC and for the consultative and validation workshops. Qualifications and Experience of the Successful Individual Contractor
Education:
- Holder of a Bachelor in Law (LLB) or equivalent. A Master of Laws (LLM) in Environmental Law or
an equivalent qualification will be an advantage.
Experience:
- A minimum of 3 years experience working in the legal field in Mauritius; and
- Specific experience in drafting legislation and high quality legal documents.
Skills:
- Good interpersonal and communication skill with the ability to effectively interact at senior levels of Government in a multi-disciplinary and multi-cultural environment;
- Strong drafting and reporting skills; and
- Fluency in English (both written and verbal) and a good knowledge of French is an advantage. Scope of bid price and schedule of payments
The financial offer is a lump sum amount, including the professional fee, insurance and other costs. Payments will be effected based on deliverables as per above.
While the consultant will act as facilitator to the workshops (one consultative and one validation workshops), the costs of the workshops will be met by the MoESWMCC.
Recommended Presentation of Offer
The following documents are requested:
a) Duly completed Letter of Confirmation of Interest and Availability using the template provided by UNDP;
b) Personal CV or P11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the candidate and at least three (3) professional references;
c) Technical offer: Brief description of why the individual considers him/herself as the most suitable for the assignment, and a methodology on how they will approach and complete the assignment;
d) Financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per template provided by UNDP. Submission of Application Applications should be sent through email: procurement.mu@undp.org on or before Wednesday 13 October 2021 (16 00 pm Mauritius time) Subject of email : 84189_local legal assistant Annexes
Annex A - Letter of confirmation of interest and availability and Submission of financial proposal
Annex B - Model Contract IC (for information only)
Annex C - UNDP GCC IC
Annex D - P11
Terms of Reference | 
