juris

Tourism Authority Act

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

Later amending instruments held: Covid-19 (Miscellaneous Provisions) Act 2020, Finance (Miscellaneous Provisions) Act 2020, Finance (Miscellaneous Provisions) Act 2023 (Act No 12 of 2023), Finance (Miscellaneous Provisions) Act 2024 (Act No. 11 of 2024), Finance Act 2025 (Act No. 18 of 2025).

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Sections

  1. 1 Short title
  2. 2 Interpretation
  3. PART II: TOURISM AUTHORITY
  4. 3 Establishment of Authority
  5. 4 The Board
  6. 5 Objects of Authority
  7. 6 Functions of Authority
  8. 7 Powers of Authority
  9. 8 Meetings of Board
  10. 9 Committees
  11. 10 The Director
  12. 11 Delegation of powers
  13. 12 Declaration of interest
  14. 13 Disclosure of interest
  15. 14 Staff of Authority
  16. 15 Conditions of service of employees
  17. 16 Protection from liability
  18. PART III: FINANCIAL AND ADMINISTRATIVE PROVISIONS
  19. 17 General Fund
  20. 18 Estimates
  21. 19 Annual report
  22. 20 Exemption from duty and charges
  23. 21 Donations
  24. 22 Restriction of execution
  25. 23 Execution of documents
  26. 24 Complaints to Authority
  27. 25 Powers of Minister
  28. PART IV: LICENSING OF TOURIST ENTERPRISES
  29. 25A Regulation of tourist accommodation
  30. 26 Licensing
  31. 27 Restriction on issue of tourist enterprise licence
  32. 28 Duration of tourist enterprise licence
  33. 29 Delay for renewal of tourist enterprise licence
  34. 30 Variation or revocation of or refusal to renew tourist enterprise licence
  35. 31 Production of tourist enterprise licence
  36. 31A Display of tourist enterprise licence
  37. 32 Suspension of tourist enterprise licence
  38. 33 Keeping of records
  39. 34 Restriction on transfer of tourist enterprise licence
  40. 35 Hours of business for tourist enterprise
  41. 36 Inspection and seizure
  42. 37 Closing order pending judgment
  43. 38 Carrying on or running tourist enterprise after suspension or closing order
  44. 39 Restriction on tourist enterprise description
  45. PART V: REGISTRATION OF PLEASURE CRAFT
  46. 40 Registration of pleasure craft
  47. 41 Registration fee payable on registration and transfer of pleasure craft
  48. 42 Application for first registration
  49. 43 First registration formalities
  50. 44 Issue of duplicate registration book
  51. 45 Production of pleasure craft at time of registration
  52. 46 Pleasure craft subject to lease
  53. 47 Refusal to register
  54. 48 Suspension of registration
  55. 49 Cancellation of registration
  56. 50 Change of ownership of pleasure craft
  57. 51A Registration of sale deed or declaration
  58. 52 Registration on death of owner or purchase at public auction
  59. 53 Failure to register pleasure craft
  60. 54 Registration of pleasure craft following change of ownership
  61. 55 Change of residence or place of business
  62. PART VI: LICENSING OF PLEASURE CRAFT
  63. 56 Registration and deregistration of approved surveyors
  64. 57 Using a pleasure craft
  65. 58 Report of survey and counter examination
  66. 59 Issue and renewal of pleasure craft licence
  67. 60 Restriction on the issue of pleasure craft licence
  68. 61 Variation or revocation of or refusal to renew pleasure craft licence
  69. 62 Suspension of pleasure craft licence
  70. 63 Duration of pleasure craft licence
  71. 64 Delay for renewal of pleasure craft licence
  72. 65 Register of pleasure craft licence
  73. 65A Issue of provisional pleasure craft licence
  74. 66 Right of entry and inspection
  75. 67 Entry of dwelling house
  76. 68 Production of pleasure craft licence
  77. 69 Authorised officer to produce authority
  78. 70 Affixing seals to pleasure craft
  79. 71 Power to dispose of pleasure craft
  80. 71A Restrictions on ground of public health inserted by Act No 1 of 2020
  81. PART VII: AUTHORISED CANVASSING
  82. 72 Canvassing
  83. 73 Grant or refusal of canvasser permit
  84. 74 Duration of canvasser permit
  85. 75 Delay for renewal of canvasser permit
  86. 76 Transfer and surrender of canvasser permit
  87. 77 Variation and revocation of canvasser permit
  88. 78 Production of canvasser permit
  89. PART VIII: LICENCE FOR SKIPPERS
  90. 79 Operating pleasure craft without skipper's licence
  91. 80 Age of skipper
  92. 81 Fitness of applicant
  93. 82 Competency test
  94. 83 Competency Test Panel
  95. 84 Issue and renewal of skipper's licence
  96. 85 Revocation and suspension
  97. 86 Duration of skipper's licence
  98. 87 Production of skipper’s licence
  99. 88 Production of certificate of insurance
  100. 89 Report of accidents
  101. 90 Prohibition
  102. 91 Operating pleasure craft without light
  103. 92 Operating pleasure craft dangerously
  104. 93 Operating pleasure craft without due care or reasonable consideration
  105. 94 Operating or being in charge of pleasure craft when under influence of
  106. 95 Operating or being in charge of a pleasure craft with alcohol concentration above prescribed limit
  107. 96 Breath tests
  108. 97 Provision of specimens for analysis
  109. 98 Choice of specimens of breath
  110. 99 Duties of doctors regarding patients
  111. 100 Involuntary homicide and wounds and blows
  112. 101 Exceeding speed limit
  113. 102 Exemptions from speeding
  114. 105 Disqualification
  115. 106 Endorsement
  116. 107 Powers of Court
  117. PART IX: DEALING WITH WRECKS
  118. 108 Taking possession of wreck
  119. 109 Owner’s right to wreck
  120. 110 Unclaimed wreck
  121. 111 Discharge of Authority
  122. 112 Removal of pleasure craft
  123. PART X: SEAWORTHINESS OF PLEASURE CRAFT
  124. 113 Sending unseaworthy pleasure craft to navigational area
  125. 114 Duty to ensure seaworthiness
  126. 115 Detention of unseaworthy pleasure craft
  127. PART XI: MISCELLANEOUS
  128. 116 Control of advertisement and promotions
  129. 116A Enforcement notice
  130. 117 Powers to stop pleasure craft
  131. 118 Powers of arrest
  132. 119 Designation of tourist site
  133. 120 Appeal
  134. 121 Duplicate of licence and canvasser permit
  135. 122 Obligation to furnish particulars
  136. 123 Restriction on number of licences and canvasser permits
  137. 124 Obstructing authorised officer
  138. 125 Making false and misleading statements
  139. 125A Tampering with pleasure craft
  140. 125B Touting
  141. 126 Offences
  142. 126A Fixed penalties
  143. 127 Powers of Court
  144. 127A Points system for suspension of skipper’s licence
  145. 128 Jurisdiction
  146. 129 Regulations
  147. 131 Transitional provisions
  148. THIRD SCHEDULE
  149. 1 Running or carrying on a tourist enterprise without holding a 10,000
  150. 2 Running or carrying on a tourist enterprise without holding a 20,000
  151. 3 Failing to produce the tourist enterprise licence or copy thereof 1,000
  152. 4 Failing to produce the tourist enterprise licence within 5 days at 3.000
  153. 5 Failing to display tourist enterprise licence in fixed premises in 3,000
  154. 6 Failing to keep a true written record, whether on computer or 1,000
  155. 7 Failing to keep a record under section 33 (1) for a period of at 1,000
  156. 8 Assigning or transferring of tourist enterprise licence without 3,000
  157. 9 Carrying on or running a tourist enterprise under a suspended 10,000
  158. 10 Carrying on or running a tourist enterprise under a suspended 20,000
  159. 11 Describing or permitting any person to describe any premises 10,000
  160. 12 Holding out or permitting any person to hold out any premises 10,000
  161. 13 Using any word together with the business name of a tourist 10,000
  162. 14 Using any word together with the business name of a tourist 10,000
  163. 15 Carrying on or running a business under a business name which 10,000
  164. 16 Putting or permitting any person to put a pleasure craft in a 10,000
  165. 17 Operating, permitting or employing a person to operate a 10,000
  166. 18 Failing to give joint notice within 30 days to the Tourism Author- 1,000
  167. 19 Failing to give a joint notice within 30 days to the insurance 1,000
  168. 20 Failing to deliver to the Tourism Authority the pleasure craft 1,000
  169. 21 Failing to notify the Tourism Authority within 30 days of com- 1,000
  170. 23 Practising as an approved surveyor for the purposes of the Act 5,000
  171. 24
  172. 25
  173. 26 Operating, permitting or employing any person to operate a 5,000
  174. 27 Operating, permitting or employing any person to operate a 20,000
  175. 28
  176. 29
  177. 30 Operating or causing, permitting or employing a person to oper- 5,000
  178. 31 Operating or causing, permitting or employing a person to 20,000
  179. 32 Operating, permitting or employing a person to operate a 10,000
  180. 33 Operating, permitting or employing a person to operate a pleas- 20,000
  181. 34 Putting or permitting a person to put a pleasure craft in 10,000
  182. 35 Putting or permitting a person to put a pleasure craft in 20,000
  183. 36 Failing to produce the pleasure craft licence or a copy thereof 1,000
  184. 37 Failing to produce the pleasure craft licence within 5 days at the 3,000
  185. 38 Refusing or neglecting to comply with the direction under sec- 5,000
  186. 39 Breaking the seal affixed to a pleasure craft – section 70 (2) (b) 5,000
  187. 40 Removing a pleasure craft from a place of safety – section 5,000
  188. 41 Working as a canvasser without holding a canvasser permit – 5,000
  189. 42 Failing to produce the canvasser permit or a copy thereof — 1,000
  190. 43 Failing to produce the canvasser permit within 5 days at the 3,000
  191. 44 Operating or taking charge of a pleasure craft in a navigational 5,000
  192. 45 Operating or taking charge of a pleasure craft in a navigational 10,000
  193. 46
  194. 47
  195. 48 Operating or taking charge of or causing or permitting any 1,000
  196. 49 Failing to comply with any of the conditions of a provisional 1,000
  197. 50 Operating or being in charge of a pleasure craft in a navigational 5,000
  198. 51 Failing to produce skipper’s licence or copy thereof – section 1,000
  199. 52 Failing to produce skipper’s licence within 5 days at such Coast 1,000
  200. 53 The person operating or in charge of a pleasure craft failing to 1,000
  201. 54 Failing to produce the certificate of insurance or a copy thereof 1,000
  202. 55 Failing to produce the certificate of insurance in person within 1,000
  203. 56 Failing to comply with section 89 (1) in respect of incidents 2,000
  204. 57 Failing to exchange the details of the skipper’s licence and the 2,000
  205. 58 Failing to comply with the direction of an authorised officer 1,000
  206. 59 Operating or being in charge of, permitting any other person to 1,000
  207. 60 Operating a pleasure craft or an exempt pleasure craft danger- 10.000
  208. 61 Operating a pleasure craft or an exempt pleasure craft danger- 30,000
  209. 62 Operating a pleasure craft or an exempt pleasure craft in a navi- 5,000
  210. 63 Operating a pleasure craft or an exempt pleasure craft in a 10,000
  211. 64 Operating a pleasure craft or an exempt pleasure craft in a 5,000
  212. 66 Operating a pleasure craft or an exempt pleasure craft in a 5,000
  213. 67 Operating a pleasure craft or an exempt pleasure craft in a 10,000
  214. 68 Operating or attempting to operate or being in charge of a 5,000
  215. 69 Operating or attempting to operate or being in charge of a 10,000
  216. 70 Operating or attempting to operate or being in charge of a 5,000
  217. 71 Operating or attempting to operate or being in charge of a 10,000
  218. 72 Failing to provide a specimen of breath for a breath test at the 3,000
  219. 73 Failing to provide a specimen when required to do so in pursu- 3,000
  220. 74 Operating a pleasure craft or an exempt pleasure craft in a navi- 2,000
  221. 75 Applying for or obtaining a skipper’s licence when the person 5,000
  222. 76 Operating a pleasure craft in a navigational area when the per- 5,000
  223. 77 Applying for or obtaining a skipper’s licence without notifying 3,000
  224. 78 Failing to comply with a removal notice in respect of a wrecked 5,000
  225. 79 Sending a pleasure craft in a navigational area in a state such 10,000
  226. 80 Failing to take all reasonable measures to ensure the seawor- 10,000
  227. 81 Failing to keep on board the pleasure craft all safety equip- 10,000
  228. 82 Making an advertisement or promotion in respect of any tour- 10,000
  229. 83 Making an advertisement or promotion in respect of any tour- 10,000
  230. 84 Failing to withdraw or modify a misleading advertisement or 10,000
  231. 85 Failing to comply with an enforcement notice in respect of any 5,000
  232. 86 Failure to comply with a request or direction made by an 3,000
  233. 87 Failing to comply with a request to give name and address or 1,000
  234. 88 Retaining a duplicate licence or canvasser permit when the 1,000
  235. 89 Having in one’s possession, without sufficient excuse an 1,000
  236. 90 Failing to submit in writing, information related to the business 1,000
  237. 91 Obstructing an authorised officer in relation to the exercise of 3,000
  238. 92 Knowingly making a false or misleading statement or providing 3,000
  239. 93 Tampering with a pleasure craft or exempt pleasure craft – sec- 5,000
  240. 94 Touting – section 125B 2,000
  241. 95 Failing to comply with any condition of the licence or can- 10,000
  242. 96 Failing to comply with any rule, standard, guideline or Code of 10,000
  243. 97 Failing to comply with a requirement under section 7 (2) (a) 10,000
  244. 98 Carrying a business or operating a tourist enterprise in a man- 10,000
  245. 99 Contravening the Act or any regulations made under it – sec- 10,000