Section 16: Disposal of dead and broken trees

16. Disposal of dead and broken trees (1) (a) The Permanent Secretary may cause to be removed and disposed of any dead, broken or fallen trees on any Pas Géométriques, although they are leased, unless it is otherwise provided in the lease. (b) Where Government decides to sell the trees mentioned in subsection (1), the sale shall be by public auction unless the Conservator of Forests decides otherwise. (2) (a) A public officer or a person authorised by the Permanent Secretary, or a person, other than the lessee, or the agent of that person who has purchased at a public auction or otherwise from Government the right of removing dead, fallen or broken trees which Government may remove or dispose of, may enter any Pas Géométriques although they are leased, for the purpose of cutting and removing these trees. (b) The time necessary for cutting and removing those trees shall be fixed by the Conservator of Forests. [Issue 1] P1 – 6 Revised Laws of Mauritius (c) Nothing in this section shall have the effect of conferring on Government or any person mentioned in this section any right of way across private property. (d) Where the entry and the works necessary for the removal of trees under subsection (1) prevent the lessee from enjoying his lease in conformity with his contract, the lessee shall be entitled to claim from Government either a reduction of the rent payable for the current year or the cancellation of the lease.