Section 46: Morcellement certificate

46. Morcellement certificate (1) Subject to subsection (5), where a person wishing to develop a plot of land into a morcellement has obtained a development permit, he shall apply to the local authority for a morcellement certificate in such form and manner as may be prescribed. (2) A local authority shall not issue a morcellement certificate unless— (a) it is satisfied that the applicant has complied with all the conditions specified in the development permit; (b) in relation to a morcellement that involves morcellement works— (i) the morcellement works have been completed to the satisfaction of the local authority; or (ii) the local authority has reached an agreement with the applicant that it shall carry out the morcellement works subject to the applicant meeting all the costs likely to be incurred for carrying out the works. (3) A local authority may issue a morcellement certificate for part of the land which is the subject matter of a morcellement to authorise subdivision of that part, subject to the requirements of the development permit issued for that purpose in respect of that part of the land. (4) Subsection (1) shall apply to a person who— (a) has obtained a development permit prior to the coming into operation of this Act and has not completed the development on the coming into operation of this Act; and (b) does not hold a morcellement permit issued under the repealed Morcellement Act. (5) No morcellement certificate shall be required in relation to any land which is divided for the purpose of— (a) a sale to Government or a compulsory acquisition under the Land Acquisition Act; (b) a mortgage or a fixed charge; (c) a sale or a donation of not more than one lot where that lot is excised from another lot for the purpose of the sale or the donation and— (i) either lot is not further parcelled out within 12 months of such sale or donation without a morcellement permit; [Issue 1] P11 – 34 Revised Laws of Mauritius (ii) not more than 3 excisions in all are made out of the original lot without a morcellement permit; (d) a division in kind between— (i) co-heirs; (ii) ascendants and descendants. (6) Subsection (1) shall not apply to a company holding an investment certificate in respect of a project under the Integrated Resort Scheme prescribed under the Investment Promotion Act. (S. 46 not in operation.)