Section 6: Leases of State land

6. Leases of State land (1) All leases of State land shall be— (a) by public auction, notice of which shall be given in the Gazette, and 2 daily newspapers, at least 2 weeks before the day fixed for the auction, or by private contract on such terms and conditions, not inconsistent with this Act, as the Minister may approve; (b) subject to the conditions that— (i) the land leased shall not be used for any purpose for which it is not leased without the prior approval in writing of the Minister; (ii) the land leased shall not be so utilised as to constitute any nuisance or cause any detriment to or pollution of the natural resources and the environment, including any adjoining sea, beach, lake, canal or river; and (iii) the lease may be cancelled, after service of a notice setting out the reason for the cancellation, if subparagraph (i) or (ii) is not complied with; and (c) in accordance with guidelines issued by the Ministry, in terms of criteria, conditions and procedures to be adopted. S34 – 3 [Issue 7] State Lands Act (1A) In the case of leases for campement sites, not more than— (a) one lease shall be held by a person, directly or indirectly, at any time; and (b) one arpent and a quarter shall be let at any time to a person unless— (i) a portion of State land exceeding one arpent and a quarter is so situated that it cannot conveniently be divided, and, in the opinion of the Minister, it is desirable to let the whole of that portion to one person; or (ii) the granting of a lease of State land 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. (1B) In the case of leases for industrial and commercial purposes, the particulars thereof and the guidelines referred to in subsection (1) (c) shall be available for consultation at the Ministry and posted on the website of the Ministry. (1C) Notwithstanding section 7 (1) (a) of the Pas Géométriques Act, a lease granted under subsection (1B) for industrial or commercial purposes shall— (a) be valid for a period not exceeding 60 years; (b) in respect of the land leased situated— (i) in a zone specified in Part I of the Second Schedule, be subject to payment of an annual rental corresponding to the zone as specified in Part II of the Second Schedule; or (ii) outside the zone referred to in subparagraph (i), be subject to payment of an annual rental as specified in Part III of the Second Schedule; and (c) be subject to such other conditions as the Minister may determine. (1D) Notwithstanding subsection (1C) and subject to subsection (1E), any lease for industrial or commercial purposes which is valid as at 19 July 2008 shall remain governed by its existing terms and conditions. (1E) The Minister shall make an offer, in such form as he may determine, to the lessee of a lease referred to in subsection (1D) where the land leased is situated— (a) in a zone specified in Part I of the Second Schedule; and (i) is of an extent of 15 perches or more; or (ii) is leased for the purposes of a hotel, bungalow complex or guest house; or (b) in the city centre of Port Louis, for the lessee to irrevocably opt, not later than 30 September 2009, to enter into a new lease in respect of the land. [Issue 7] S34 – 4 Revised Laws of Mauritius (1F) Notwithstanding subsection (1C), where a large investment project is D) where the land leased is situated— (a) in a zone specified in Part I of the Second Schedule; and (i) is of an extent of 15 perches or more; or (ii) is leased for the purposes of a hotel, bungalow complex or guest house; or (b) in the city centre of Port Louis, for the lessee to irrevocably opt, not later than 30 September 2009, to enter into a new lease in respect of the land. [Issue 7] S34 – 4 Revised Laws of Mauritius (1F) Notwithstanding subsection (1C), where a large investment project is deemed by the Minister, subject to the approval of Cabinet, to be in the economic interest of Mauritius, the annual rental determined in accordance with that subsection shall be reduced by such amount as the Minister may determine and any lease may be granted for a period not exceeding 99 years, with the approval of the Minister, subject to the approval of Cabinet. (1G) Where a lessee opts for a new lease under subsection (1E) and the duration of the new lease covers any period of the existing lease, any rental payable or paid in respect of that period of the existing lease shall be deducted from the rental payable at the time of signature of the new lease or refunded, as the case may be. (1H) The Second Schedule shall apply until a fiscal cadastre is operational. (2) The rents shall be payable in advance and, in default of payment of an instalment within one month after service of a notice claiming payment, the Minister may, notwithstanding any other enactment, by an order in writing, cancel the lease, and thereupon Government may, without any further formality, resume possession of the land. (3) (a) Where the lessee, in the exercise of his rights under the lease, has planted the land possession of which is resumed by Government, the Minister shall assess the value of the plantations existing at the time of resumption of possession and shall, after deducting from the assessment the arrears of rent due, pay over to the lessee, as compensation, an amount equal to the excess, if any, of the assessment over the arrears of rent due. (b) Once the assessment has been made, the lessee shall be made aware of it, and shall be informed of his right of appeal under subsection (4). (4) A lessee aggrieved by the assessment made under subsection (3) may appeal to the Magistrate of the district where the State land is situated. (5) Every appeal to the District Court shall be by plaint with summons and shall be heard and determined according to the procedure prescribed by the District and Intermediate Courts (Civil Jurisdiction) Act. (6) The plaint shall state the grounds of appeal and the appellant shall not adduce evidence of any ground which is not included in the plaint. (7) The plaint shall be lodged with the District Clerk within 10 days after notification to the appellant of the assessment complained of. (8) The Magistrate may either dismiss the appeal or vary the assessment, with or without costs. [S. 6 amended by s. 4 of Act 34 of 1989 w.e.f. 25 November 1989; s. 23 (1) of Act 48 of 1991 w.e.f. 12 March 1992; s. 7 of Act 29 of 2004 w.e.f. 1 December 2004; s. 33 (c) of Act 18 of 2008 w.e.f. 19 July 2008; s. 40 (a) of Act 14 of 2009 w.e.f. 30 July 2009; s. 16 of Act 10 of 2010 w.e.f. 24 December 2010; s. 24 (a) of Act 26 of 2012 w.e.f. 22 December 2012.] S34 – 4 (1) [Issue 7] State Lands Act . 23 (1) of Act 48 of 1991 w.e.f. 12 March 1992; s. 7 of Act 29 of 2004 w.e.f. 1 December 2004; s. 33 (c) of Act 18 of 2008 w.e.f. 19 July 2008; s. 40 (a) of Act 14 of 2009 w.e.f. 30 July 2009; s. 16 of Act 10 of 2010 w.e.f. 24 December 2010; s. 24 (a) of Act 26 of 2012 w.e.f. 22 December 2012.] S34 – 4 (1) [Issue 7] State Lands Act