Section 131: Transitional provisions

131. Transitional provisions (1) Notwithstanding section 130, any licence issued under the Tourism Act 2004 in respect of any tourist enterprise, a pleasure craft or a skipper’s licence which has not expired at 1 May 2007 shall remain valid after the Act comes into operation, on the same conditions as if this Act had not come into operation. (2) Where, on 1 May 2007, an application for— (a) a tourist enterprise licence; (b) a pleasure craft licence; or (c) a skipper’s licence, is pending, such application shall, notwithstanding the repeal of the Tourism Act 2004, be dealt with in accordance with this Act. (3) Any proceedings pending immediately before 1 May 2007 to which the Tourism Authority established under the Tourism Act 2004 was a party may be continued as if the Tourism Authority established under this Act is the party to the proceedings. (4) Notwithstanding section 130, where on 1 May 2007, the Regulatory Authorities Appeal Tribunal Act has not yet come into operation— (a) every appeal lodged under section 36 of the Tourism Act 2004 and which is still pending; and (b) every appeal which may be made under section 120, shall be dealt with as provided under section 36 of the Tourism Act 2004 until the proclamation of the Regulatory Authorities Appeal Tribunal Act. T11 – 67 [Issue 7] Tourism Authority Act (5) Any act done by the Tourism Authority established under the Tourism Act 2004 shall be deemed to have been validly done by the Tourism Authority established under this Act. 132. – 133. — FIRST SCHEDULE [Section 2] TOURIST ENTERPRISE PART A — ESTABLISHMENT Sub-Part I — Tourist Accommodation Domaine Guest house Hotel Tourist residence Sub-Part IA — Domaine Activities Building, developing and managing, or managing, a domaine and providing the following facilities— Facilities Accommodation No accommodation Rooms for lodging and Not more than 25 rooms – sleeping Restaurant (cid:2) (cid:2) Supply of liquor (cid:2) (cid:2) Rental of quad (cid:2) (cid:2) Rental of bicycles (cid:2) (cid:2) Such other facility as the Authority may determine Sub-Part IB — Guest House Activities Building, developing and managing, or managing, a guest house and providing the following facilities— Facilities Type A Type B Type C Rooms for lodging Above 50 More than 10 but Not less than 2 but and sleeping rooms up to 50 rooms up to 10 rooms Restaurant At least one Health and fitness (cid:2) (cid:2) Spa and wellness (cid:2) Such other facility as the Authority may determine [Issue 7] T11 – 68 Revised Laws of Mauritius FIRST SCHEDULE—continued Sub-Part IC — Hotel Activities Building, developing and managing, or managing, hotels and providing the following facilities— Facilities Type A Type B Type C Type D Rooms for lodging and Above 200 More than More than More than sleeping rooms 100 but up 50 but up 10 but up to 200 to 100 to 50 rooms rooms rooms Restaurant Up to 6 Up to 6 Up to 4 Up to 2 Beauty parlour (cid:165) (cid:165) (cid:165) (cid:165) Health and fitness (cid:165) (cid:165) (cid:165) (cid:165) Spa and wellness (cid:165) (cid:165) (cid:165) (cid:165) Boathouse (cid:165) Rental of bicycles (cid:165) (cid:165) (cid:165) (cid:165) Supply of liquor (cid:165) (cid:165) (cid:165) (cid:165) Other facilities – (cid:165) (cid:165) (cid:165) (cid:165) Shops/Boutiques, Bar Such other facility as the Authority may determine Sub-Part ID — Tourist Residence Activities Building, developing and managing, or managing, a tourist residence and providing the following facil ) (cid:165) (cid:165) (cid:165) Spa and wellness (cid:165) (cid:165) (cid:165) (cid:165) Boathouse (cid:165) Rental of bicycles (cid:165) (cid:165) (cid:165) (cid:165) Supply of liquor (cid:165) (cid:165) (cid:165) (cid:165) Other facilities – (cid:165) (cid:165) (cid:165) (cid:165) Shops/Boutiques, Bar Such other facility as the Authority may determine Sub-Part ID — Tourist Residence Activities Building, developing and managing, or managing, a tourist residence and providing the following facilities— Facilities Type A Type B Type C Rooms for lodging and sleep- Above 50 More than 10 Up to 10 ing rooms but less than rooms 50 rooms Restaurant At least one Health and fitness (cid:165) (cid:165) Spa and wellness (cid:165) (cid:165) Such other facility as the Authority may determine Sub-Part II — Places where Food, Beverages and Entertainment Services are Provided Nightclub Private club Pub Restaurant Table d’hôte T11 – 69 [Issue 8] Tourism Authority Act FIRST SCHEDULE—continued PART B — ACTIVITY Dolphin and whale watching Dolphin and whale watching, together with swimming with dolphins Ecotourism activities (nature-based tourism activities or adventure-related tourism activities, or both) Hawking on beaches facing hotels Karting Operating helmet diving centre Operating aquarium displaying fish or marine animals for public viewing Operating beauty parlour, including hairdressing within hotel premises Operating boathouse Operating cable car Operating golf course Operating health and fitness centre within hotel premises Operating rental agency for bicycle Operating rental agency for bus, including minibus Operating rental agency for kite surf Operating rental agency for motorcycle Operating rental agency for paraglide Operating rental agency for quad Operating rental agency for windsurf Operating scuba diving centre Operating spa outside hotel premises Operating spa within hotel premises Operating travel agency Providing non-motorised water sports such as pedaloes, canoes, kayaks and laser Providing tour operator service Working as tourist guide, including tourist guide employed by a tour operator [First Sch. repealed and replaced by s. 42 of Act 3 of 2008 w.e.f. 1 June 2008; amended by GN 156 of 2012 w.e.f. 1 November 2012; s. 51 (h) of Act 9 of 2015 w.e.f. 1 July 2015; GN 26 of 2016 w.e.f. 1 February 2016.] [Issue 8] T11 – 70 Revised Laws of Mauritius SECOND SCHEDULE [Section 39 (3)] RESTRICTION ON USE OF BUSINESS NAMES Aparthotel B & B Bed and Breakfast Big game fishing Café Cafetaria Car rental Cottage Cruise Diving Ecotourism Excursion Food and beverage outlet Guest house Guide Helmet diving Holiday Hostel Hotel Inn Karting Lodge Marche sous I’eau Motel Parasail Parasailing Pensionnat Pension de famille Pub Resort Resto Scuba diving Table d'hôte Tour Tourist T11 – 70 (1) [Issue 7] Tourism Authority Act SECOND SCHEDULE—continued Travel Undersea walk Tourist residence THIRD SCHEDULE [Section 126A] FIXED PENALTIES Offence Fixed penalty (Rs)