Section 2: Interpretation

2. Interpretation In this Act— “approved surveyor” means a person who— (a) holds a Master Class 1 Certificate of Competency in a maritime field; (b) is recognised by the International Maritime Organisation; or (c) holds any other qualification in a maritime field acceptable to the Authority, and has at least 5 years’ proven experience in that field, and who is registered with the Authority; “authorised officer” means— (a) an employee of the Authority to whom the Director has delegated his functions or powers under section 10 (4); T11 – 3 [Issue 9] Tourism Authority Act (b) a public officer authorised in writing for the purposes of this Act, by the Permanent Secretary; or (c) a police officer; “Authority” means the Tourism Authority established under section 3; “Board” means the Board referred to in section 4; “boathouse licence” means a licence issued to a person to carry out such sea-related tourist activities as may be prescribed; “business name” means the name or style under which a person carries on his business; “canvasser” means a person who solicits a customer or potential customer in relation to the— (a) carrying on or running of a tourist enterprise; (b) operation of a pleasure craft for commercial purposes; “canvasser permit” means a canvasser permit issued under section 73; “Chairperson” means the Chairperson of the Board; “closing order” means an order of the Court granted under section 127 (2); “clubhouse licence” means a licence issued to a person to carry out such activities as may be prescribed; “Coast Guard Shore Establishment” has the same meaning as in the National Coast Guard Act; “Coast Guard Station” has the same meaning as in the National Coast Guard Act; “consumer” means any person to whom goods or services are supplied; “dangerously operating” means— (a) operating in a way that falls below the standard that is expected of a competent and careful skipper; (b) operating a pleasure craft in a dangerous state, such that there is a danger of injury to a person, or of serious damage to property; “deed”— (a) means a deed witnessing the transfer, with or without consideration, of a pleasure craft; and (b) includes a deed witnessing a memorandum of sale by auction (procès verbal); “Director” means the Director of the Authority appointed under section 10; [Issue 9] T11 – 4 Revised Laws of Mauritius “domaine”— (a) means any estate offering nature-based activities; and (b) includes any premises sustainably integrated in a natural environment, providing sleeping facilities, meals, refreshments and ancillary ecotourism facilities; “domaine certificate” means a certificate issued to a person to carry out the domaine activities specified in Sub-part IA of Part A of the First Schedule; “employee” means a person employed under section 14; “exempt pleasure craft” means any pleasure craft prescribed as such; “financial year” means the period starting on 1 July and ending on 30 June of the following year; “General Fund” means the General Fund established under section 17; “General Sales Agent” means a person who represents an airline company and is authorised to issue travel tickets and to provide travel related services to the public; “guest house” means any premises where lodging and sleeping facilities, and breakfast, are provided against payment; “guest house certificate” means a certificate issued to a person to carry out the guest house activities specified in Sub-part IB of Part A of the First Schedule; “hotel” means any prem established under section 17; “General Sales Agent” means a person who represents an airline company and is authorised to issue travel tickets and to provide travel related services to the public; “guest house” means any premises where lodging and sleeping facilities, and breakfast, are provided against payment; “guest house certificate” means a certificate issued to a person to carry out the guest house activities specified in Sub-part IB of Part A of the First Schedule; “hotel” means any premises where— (a) lodging and sleeping facilities; (b) ancillary services and amenities; and (c) breakfast, meals and refreshments at reasonable hours, are provided against payment; “hotel certificate” means a certificate issued to a person to carry out the hotel activities specified in Sub-part IC of Part A of the First Schedule; “immediate family member” means spouse, father, mother, child, brother or sister; “intoxicating drink” means any substance which— (a) when consumed into a person's body, may influence the performance of that person to safely operate a pleasure craft; and (b) includes but is not limited to alcohol; “licence”— (a) means a licence issued under section 26 in respect of a tourist enterprise specified in Sub-part II of Part A or Part B of the First Schedule; and T11 – 5 [Issue 9] Tourism Authority Act (b) includes a pleasure craft licence , skipper’s licence, boathouse licence, clubhouse licence and surfing licence; “licensee” means the holder of a licence; “local authority” has the same meaning as in the Local Government Act; “Mauritius Tourism Promotion Authority” means the Mauritius Tourism Promotion Authority established under section 3 of the Mauritius Tourism Promotion Authority Act; “member”— (a) means a member of the Board; and (b) includes the Chairperson; “Minister” means the Minister to whom responsibility for the subject of tourism is assigned; “MIPD” has the same meaning as in the Transcription and Mortgage Act; “National Coast Guard” means the National Coast Guard established under the National Coast Guard Act; “navigational area”— (a) means the sea, a prescribed lake, reservoir or river; and (b) includes any inland waters on which a pleasure craft or an exempt pleasure craft may be operated; “NIC number” has the same meaning as in the Civil Status Act; “nightclub” means a place of entertainment which— (a) is open to the public; (b) provides music and space for dancing on its premises; and (c) optionally serves food and refreshments, including alcoholic drinks; “operate”, in relation to a pleasure craft or an exempt pleasure craft, means the action of controlling the speed and course of a pleasure craft; “owner” means— (a) the person in whose name a pleasure craft is registered or, where that person is deceased or absent from Mauritius or the pleasure craft is not registered, the person in possession of the pleasure craft in good faith; or (b) in relation to a pleasure craft which is the subject of a lease agreement or hire purchase agreement, the person in possession of the pleasure craft under the agreement; “Panel” means the Competency Test Panel established under section 83; “Permanent Secretary” means the Permanent Secretary of the Ministry; [Issue 9] T11 – 6 Revised Laws of Mauritius “pleasure craft”— (a) means a vessel used for the recreation or pleasure of the person carried thereon; and (b) includes a recreational platform or a floating craft; but (c) does not include an exempt pleasure craft; “pleasure c purchase agreement, the person in possession of the pleasure craft under the agreement; “Panel” means the Competency Test Panel established under section 83; “Permanent Secretary” means the Permanent Secretary of the Ministry; [Issue 9] T11 – 6 Revised Laws of Mauritius “pleasure craft”— (a) means a vessel used for the recreation or pleasure of the person carried thereon; and (b) includes a recreational platform or a floating craft; but (c) does not include an exempt pleasure craft; “pleasure craft licence” means a licence issued under section 59; “prescribed equipment” means such equipment as may be prescribed; “prescribed limit” means— (a) 23 microgrammes of alcohol in 100 millilitres of breath; (b) 50 milligrammes of alcohol in 100 millilitres of blood; or (c) 67 milligrammes of alcohol in 100 millilitres of urine, or such other proportion as may be prescribed; “private club”— (a) means a commercial establishment which— (i) provides entertainment, including the provision of music and space for dancing on its premises; (ii) optionally serves food, alcoholic and non-alcoholic drinks; and (iii) grants access to its premises— (A) on payment of a membership fee; or (B) on its own discretion to a non-member where he is accompanied by a member; but (b) does not include a social, cultural or sporting club; “pub” means an establishment which— (a) is open to the public; (b) serves alcoholic drinks, snack food or light meals for consumption on the premises; and (c) plays live or recorded music; “public beach” has the same meaning as in the Beach Authority Act; “RDDS” has the same meaning as in the Registration Duty Act; “registered medical practitioner” has the same meaning as in the Medical Council Act; “registered owner” means the owner of a pleasure craft who is registered as such with the Authority; “restaurant” means premises that— (a) are structurally adapted and used for the purpose of supplying prepared meals and beverages, against payment, to the public for consumption on or off the premises; and T11 – 7 [Issue 9] Tourism Authority Act (b) have at least 40 place settings or such numbers of place settings as may be prescribed; “skipper” means a person who operates a pleasure craft; “skipper's licence” means a licence issued under section 84; “surfing licence” means a licence issued to a person to carry out such sea-related tourist activities as may be prescribed; “survey” means a survey carried out by an approved surveyor for the purposes of this Act; “table d'hôte” means part of a dwelling house which is used to provide primarily local cuisine, refreshments and drinks, against payment of a fee; “tour operator”— (a) means any person who, in respect of tourists and other persons, arranges for, advises on, or undertakes to provide— (i) accommodation; (ii) destination management services; (iii) travel arrangements in respect of inland travel; (iv) organised excursions; or (v) such other facilities relating to the tourism industry as may be prescribed; (b) but does not include a person who holds— (i) a taxi licence issued under the Road Traffic Act; (ii) a pleasure craft licence; “tourist”— (a) means any person who, away from his home, travels within Mauritius for a period of less than 12 months and who visits or intends to visit any place; and (b) includes such class of persons as may be prescribed; “tourist accommodation certificate” means— (a) a hotel certificate; (b) a guest house certificate; (c) a tourist residence certificate; or (d ed; (b) but does not include a person who holds— (i) a taxi licence issued under the Road Traffic Act; (ii) a pleasure craft licence; “tourist”— (a) means any person who, away from his home, travels within Mauritius for a period of less than 12 months and who visits or intends to visit any place; and (b) includes such class of persons as may be prescribed; “tourist accommodation certificate” means— (a) a hotel certificate; (b) a guest house certificate; (c) a tourist residence certificate; or (d) a domaine certificate, issued under section 25A in respect of a tourist enterprise specified in Sub-part I of Part A of the First Schedule; “tourist enterprise” means an establishment or activity specified in the First Schedule or as may be prescribed; “tourist enterprise licence”— (a) means a licence issued under section 26; and [Issue 9] T11 – 8 Revised Laws of Mauritius (b) includes— (i) a boathouse licence; (ii) a clubhouse licence; and (iii) a surfing licence; “tourist guide” means any person who, for reward, accompanies a tourist in or around Mauritius and who furnishes to him information or comments with regard to any matter of historical, archaeological, botanical, ethnological, cultural, social or other interest; “tourist residence” means any premises, other than a hotel or guesthouse, which offers sleeping accommodation to tourists, with or without meals, for a fee; “tourist residence certificate” means a certificate issued to a person to carry out the tourist residence activities specified in Sub-part ID of Part A of the First Schedule; “tourist site” means such site as may be designated by the Minister under section 119; “travel agent”— (a) means a person who— (i) sells tickets entitling an individual to travel, or otherwise arranges for a person a right of passage on any conveyance; (ii) sells to, arranges for or makes available to, a person a right of passage to, and hotel or other accommodation at, one or more places, being places outside Mauritius; (iii) purchases for resale the right of passage on any conveyance; (iv) holds himself out as carrying on, or advertises that he carries on, any activity referred to in subparagraphs (i), (ii) and (iii); (b) includes a General Sales Agent; but (c) does not include an airline company which does not sell travel tickets directly to the public; “Tribunal” means the Regulatory Authorities Appeal Tribunal established under section 3 of the Regulatory Authorities Appeal Tribunal Act; (The definition “Tribunal” is not in operation.) “wreck” means an exempt pleasure craft wreck or a pleasure craft wreck. [S. 2 amended by s. 3 of Act 3 of 2008 w.e.f. 1 June 2008; s. 45 (a) of Act 14 of 2009 w.e.f. 30 July 2009; s. 165 (22) of Act 36 of 2011 w.e.f. 15 December 2011; s. 28 (a) of Act 26 of 2013 w.e.f. 1 January 2014 and 19 May 2014; s. 51 (a) of Act 9 of 2015 w.e.f. 1 July 2015; s. 55 (a) of Act 18 of 2016 w.e.f. 1 January 2017.] PART II – TOURISM AUTHORITY