Section 2: Interpretation

2. Interpretation In this Act— “admission charge” means a charge leviable under section 128; “agricultural building” means a building, other than a dwelling house, which is occupied together with agricultural land and is used solely in connection with agricultural operations on that land; [Issue 9] L18 – 4 Revised Laws of Mauritius “agricultural land”— (a) means land used as arable, meadow or pasture ground only (including pastoral land), land used for a plantation (including any stone heaps or in-field roads on the land), or as a wood or for the growth of saleable underwood, market gardens, nursery grounds, orchards or allotments; and (b) includes land in excess of 1,000 square metres used for the business of agriculture, horticulture, viticulture, apiculture or poultry farming, and land used for dairy farming, forestry or any other business consisting of the cultivation of soils, the gathering in of crops, the rearing of livestock or the propagation and harvesting of fish or other aquatic organisms; but (c) does not include— (i) land occupied together with a house as a park, gardens or a pleasure ground, land kept or preserved mainly or exclusively for the purposes of sports or recreation or land used as a racecourse; (ii) land with buildings, other than dwelling houses, being or forming part of a market garden and which are used solely in connection with agricultural operations thereon or used for the production of livestock or poultry; or (iii) agricultural land located in an area where development is permissible in accordance with an outline scheme or the strategic and detailed development policies of a development plan; “annual report” means a report referred to in section 142; “authorised officer” means an officer who is authorised in writing by his Chief Executive to perform any function; “authority” means a local authority; “balance sheet date”, in relation to a local authority, means such date as may be approved by the Permanent Secretary as that local authority’s balance sheet date; “Building and Land Use Permit” means a Building and Land Use Permit issued under section 117; “business”— (a) means any trade, commerce or manufacture, profession, vocation or occupation; and (b) includes any other activity in the nature of trade, commerce or manufacture, profession, vocation or occupation; “cadastral database” means a database of immovable properties required to be kept and maintained under section 106; L18 – 5 [Issue 8] Local Government Act “cadastral value”, in relation to any property, means its value ascertained on the basis of its market value; “Chief Executive” means— (a) the Chief Executive of a Municipal City Council, Municipal Town Council or District Council; (b) in relation to a Village Council within the administrative area of a District Council, the Chief Executive of that District Council; “city” means a city specified in Part I of the First Schedule; “classified trade” means a business specified in the Twelfth Schedule; “Company” has the same meaning as in the Statutory Bodies Pension Funds Act; “Council” means a Municipal City Council, a Municipal Town Council, a District Council or a Village Council; “Councillor” means a Councillor of a local authority; “development”, in relation to land, has the same meaning as in the Planning and Development Act; “disposal”, in relation to waste, includes its sorting, carriage, transportation, treatment, storage, tipping above or underground, incineration and the transportation pany” has the same meaning as in the Statutory Bodies Pension Funds Act; “Council” means a Municipal City Council, a Municipal Town Council, a District Council or a Village Council; “Councillor” means a Councillor of a local authority; “development”, in relation to land, has the same meaning as in the Planning and Development Act; “disposal”, in relation to waste, includes its sorting, carriage, transportation, treatment, storage, tipping above or underground, incineration and the transportation operations necessary for its recovery, re-use or recycling; “disposal site”— (a) means a waste disposal site designated under section 60 (2); and (b) includes a landfill or other final disposal site; “district” means a district specified in section 7; “District Council” means a local authority responsible for the administration of a district; “economic activity” means an activity specified in the Eleventh Schedule; “effective date”, in relation to an application under Sub-part F of Part VIII, means the date by which all the information, particulars and documents specified in the application form are submitted; “EIA licence” has the same meaning as in the Environment Protection Act; “elector” means a person registered as a local government elector in accordance with the Representation of the People Act; “Environment Co-ordination Committee” means the Environment Coordination Committee set up under the Environment Protection Act; [Issue 8] L18 – 6 Revised Laws of Mauritius “Financial Controller” means the officer in charge of the Finance Department of a Municipal City Council, Municipal Town Council or District Council; “financial statement” means— (a) a statement of financial position for a local authority as at the balance sheet date; (b) a statement of financial performance for a local authority in relation to the accounting period ended at the balance sheet date; (c) a statement of changes in equity between its last 2 balance sheet dates; or (d) a statement of cash flows, together with any notes or documents giving information relating to the statement of financial position, or statement of financial performance, including a statement of accounting policies; “financial year” means the period of 12 months ending on 30 June in any year; “group” means a group referred to in section 18; “hazardous waste” has the same meaning as in the Environment Protection Act; “immovable property” includes— (a) land, other than agricultural land, or a flat or an apartment whether owned individually or jointly or in which a person has any interest by whatever name called; and (b) a building or part of it, actually occupied, whether or not its construction has been completed; “interest” means any interest payable under section 100; “local authority” means— (a) a Municipal City Council or Municipal Town Council; (b) a District Council; (c) a Village Council; or (d) any new local authority created under section 8; “Local Government Service Commission” has the same meaning as in the Local Government Service Commission Act; “local rate”— (a) means the rate leviable under section 95; and (b) includes any surcharge or interest on the rate and any costs incurred in the recovery of the rate; “main road” means a road designated and classified as main road by regulations made under section 3 (2) of the Roads Act; L18 – 7 [Issue 9] Local Government Act “market value”, in relation to any property, means the price which the property will fetch in an open competitive market, on in the Local Government Service Commission Act; “local rate”— (a) means the rate leviable under section 95; and (b) includes any surcharge or interest on the rate and any costs incurred in the recovery of the rate; “main road” means a road designated and classified as main road by regulations made under section 3 (2) of the Roads Act; L18 – 7 [Issue 9] Local Government Act “market value”, in relation to any property, means the price which the property will fetch in an open competitive market, on a free and not forced sale, between a willing buyer and a willing seller, where it is vacant; “Mayor” means the Mayor of a Municipal Town Council; “member”, in relation to a local authority, means Councillor; “Minister” means the Minister to whom responsibility for the subject of local government is assigned; “motorway” means a road designated and classified as motorway by regulations made under section 3 (2) of the Roads Act; “Municipal City Council” means a local authority responsible for the administration of a city; “Municipal Town Council” means a local authority responsible for the administration of a town; “officer” or “local government officer”— (a) means a person holding or acting in an office of emolument in the service of a local authority; but (b) does not include a person holding or acting in the office of Lord Mayor, Mayor, Chairperson or other member of a local authority, or a law practitioner employed or retained as such by a local authority; “owner”, in relation to any property, includes— (a) in respect of an immovable property situated on State Land or Pas Géométriques, the lessee of the site; (b) the person who receives or, where such property were to be let, would be entitled to receive the rent, whether for his own benefit or that of any other person; or (c) where the owner cannot be found or ascertained, the occupier; “Permanent Secretary” means the Permanent Secretary of the Ministry responsible for the subject of local government; “Permits and Business Monitoring Committee” means the Permits and Business Monitoring Committee referred to in section 115; “preliminary environmental report” has the same meaning as in the Environment Protection Act; “rate” means local rate; “ratepayer” means the owner of an immovable property liable to pay local rate or general rate, as the case may be; “rating area”, in relation to a city or town, means the administrative area for which it is responsible; [Issue 9] L18 – 8 Revised Laws of Mauritius “regional body” means a body specified in section 10 and Part I of the Fifth Schedule; “reserve candidate” means a person whose name appears on a reserve list; “reserve list” means a list of reserve candidates referred to in section 18 (5); “road”— (a) means a highway or other road to which the public has access and any public place to which vehicles have access; and (b) includes a bridge, ford, culvert or other work in the line of the road; “rural road” has the same meaning as in section 3 (4) of the Roads Act; “Sanitary Authority” has the same meaning as in section 2 of the Public Health Act; “Senior Councillor” means the Senior Councillor designated under section 32; “surcharge” means a surcharge payable under section 99; “town” means a town specified in Part I of the Second Schedule; “Town and Country Planning Board” means the Town and Country Planning Board established under the Town and Country Planning Act; “Tribunal” means the Valuation Tribunal established under section 109; “undertaking” Act; “Sanitary Authority” has the same meaning as in section 2 of the Public Health Act; “Senior Councillor” means the Senior Councillor designated under section 32; “surcharge” means a surcharge payable under section 99; “town” means a town specified in Part I of the Second Schedule; “Town and Country Planning Board” means the Town and Country Planning Board established under the Town and Country Planning Act; “Tribunal” means the Valuation Tribunal established under section 109; “undertaking” has the same meaning as in the Environment Protection Act; “Unified Local Government Service Board” means the Board referred to in section 68; “urban authority” means a Municipal City Council or a Municipal Town Council; “urban road” has the same meaning as in section 3 (3) of the Roads Act; “valuer” means a Government valuer; “village” means a village specified in Part I of the Third Schedule; “Village Committee” means a Village Committee set up under section 10; “Village Council” means a local authority responsible for the administration of a village; “waste” includes any solid matter, other than hazardous waste, which is discarded, rejected, abandoned, unwanted or surplus matter, including any such matter intended for— (a) recycling, reprocessing, recovery or purification by a separate operation from that which produced the matter; L18 – 9 [Issue 9] Local Government Act (b) sale; or (c) export; “waste management facility”— (a) means any site which is used for the transfer, treatment or disposal of waste; and (b) includes a landfill, transfer station, composting plant, recycling facility or any other facility designated by the Minister under section 60 (2). [S. 2 amended by s. 17 (2) (a) of Act 1 of 2015 w.e.f. 1 January 2015; s. 32 (a) of Act 18 of 2016 w.e.f. 7 September 2016.] PART II – LOCAL AUTHORITIES Sub-Part A – Constitution of Municipal City Council, Municipal Town Council, Village Council and District Council