Section 10: Leases of small portions

10. Leases of small portions (1) Notwithstanding this Act, the Minister may grant, by private contract or public auction, leases of small portions of Pas Géométriques for campement sites or for any other purpose to any person without imposing the condition of planting trees. (1A) In the case of leases for campement sites— (a) not more than one lease shall be held by any person; and (b) not more than one arpent and a quarter shall be let to any person unless— (i) any portion of Pas Géométriques exceeding one arpent and a quarter is so situate that it cannot conveniently be divided and, in the opinion of the Minister, it is desirable to let the whole of that portion to that person; or (ii) the granting of a lease of Pas Géométriques exceeding one arpent and a quarter is— (A) in the opinion of the Minister in the public interest; or (B) approved by the Minister where the land is to be used for recreation by a registered club or for a bona fide religious, charitable or educational purpose. (2) Any person to whom a lease has been granted under subsection (1) or (1A) may, subject to such conditions as may be imposed by the Minister, cut and remove any trees growing on the Pas Géométriques. (3) A lease granted under subsection (1) shall— (a) be valid for a period not exceeding 60 years; [Issue 2] P1 – 4 Revised Laws of Mauritius (b) in respect of a campement site situated in a zone specified in Part I of the Second Schedule, be subject to payment of a premium and an annual rental as specified in Part II of the Second Schedule; and (c) be subject to such other conditions as the Minister thinks fit. (3A) Notwithstanding subsection (3) and subject to subsection (3B), any campement site lease which is valid at the commencement of this section shall remain governed by its existing terms and conditions. (3B) The Minister shall make an offer, in such form as he may determine, to the lessee of a campement site lease referred to in subsection (3A), other than lessees of such campement sites as may be prescribed for the purpose of enlarging or creating public beaches or for any other development purpose, for the lessee to irrevocably opt, within a period of 6 months from the date of the offer, to enter into a new lease of that campement site on the terms and conditions specified in subsection (3). (4) Notwithstanding this Act or any other enactment, the Minister may, by private contract and without imposing the condition of planting trees, grant leases of portions of Pas Géométriques in excess of one arpent and a quarter to— (a) or for the use of, the State’s naval, military or air forces; (b) any person for the implementation of any scheme or project included in any development plan which has received the prior approval of the Assembly or for any purpose approved by the Minister. [S. 10 amended by s. 24 (a) of Act 15 of 2006 w.e.f. 7 August 2007.]