Section 22: Insurable sugar of a large planter or growing unit

22. Insurable sugar of a large planter or growing unit (1) (a) Subject to subsections (2) and (3) and section 27, the insurable sugar of a large planter or growing unit in respect of a cane plantation shall be determined by the Board, and shall be the percentage, described in section 2 in paragraph (a) of the definition of “sugar accruing” or “sugar accrued” of the product of the weighted average sugar yield per hectare for the normal years on that cane plantation and the number of hectares to be harvested. (b) For the purpose of determining, in the case of changes in the acreage of a plantation, the insurable sugar per hectare of a planter in any year— (i) any additional acreage taken over and harvested in that year shall be deemed to have formed part of that plantation during the preceding 8 crop years; and (ii) any acreage by which a plantation has been reduced shall be deemed not to have formed part of that plantation during the proceeding 8 crop years. (2) (a) Where the Board is satisfied that the area or yield records of a cane plantation registered by a large planter or growing unit are not adequate or reliable in respect of any one of the normal years, it shall assess the weighted average sugar yield per hectare of that cane plantation by reference to the weighted average sugar yield per hectare for the other normal years for which adequate and reliable area or yield records are available. (b) Where the Board is satisfied that no adequate and reliable area or yield records are available for a cane plantation in respect of any of the normal years, it shall assess the average sugar yield per hectare which the cane plantation can be expected to yield on such information as it has available. [Issue 10] S54 – 10 Revised Laws of Mauritius (2A) Notwithstanding section 33, where the Board is satisfied that canes harvested from a cane plantation registered in the name of a large planter have in good faith been sent to be milled under the name of any other large planter in respect of any crop year, the Board may, for the purpose of assessment of premium and compensation, determine the insurable sugar of each account by apportioning the total insurable sugar of the accounts of all the large planters concerned with respect to the sugar accrued to each amount. (3) The Board may, where it is satisfied that the average sugar yield per hectare of a cane plantation in a crop year has been so substantially increased in relation to the most recent normal years as a result of overhead irrigation or the clearance of stones or through common management practices that a determination under subsection (1) will not give the true average sugar yield per hectare of that cane plantation, assess the insurable sugar per hectare of that cane plantation for that crop year by reference to— (a) its average sugar yield per hectare in the most recent of the normal years; or (b) its weighted average sugar yield per hectare in the 2 most recent of the normal years. [S. 22 amended by Act 42 of 1984; Act 44 of 1989; Act 1 of 1993; Act 17 of 2000; s. 8 of Act 7 of 2007 w.e.f. 1 June 2006, s. 67 (d) of Act 11 of 2018 w.e.f. 1 June 2017.]