Section 26: Transfer of undertaking

26. Transfer of undertaking (1) Where the ownership, control and management of an undertaking is transferred, whether before or after the grant of an EIA licence or a PER approval, the transferor shall by registered post— (a) notify the Director of the transfer and communicate to the Director a copy of the document witnessing the transfer; and (b) send a copy of the notification under paragraph (a) to the transferee. (2) Unless a notification is given under subsection (1), it shall be presumed for the purposes of this Act or any other enactment or rule of law, that the person applying for an EIA licence or a PER approval or the holder of the EIA licence or a PER approval, as the case may be, is the proponent and shall have all the responsibilities and liabilities of the proponent. [Issue 2] E12 – 24 Revised Laws of Mauritius (3) Where a notification is given under subsection (1), the transferee mentioned in the notice under subsection (1) shall, in the absence of any protest by him within 28 days after the notification, be presumed as from the date of the notice, for the purposes of this Act or any other enactment or rule of law, to be the owner or the person having the charge or management or control of the undertaking. (4) A transfer of an undertaking, or of the land where the undertaking is conducted, shall not affect the application of the EIA licence or a PER approval and its conditions to the undertaking. (5) Any person who contravenes subsection (1) shall commit an offence. [S. 26 amended by s. 15 of Act 6 of 2008 w.e.f. 15 July 2008.]