Section 49: Cancellation of registration

49. Cancellation of registration (1) Where a pleasure craft is— (a) destroyed; (b) removed permanently from Mauritius; (c) damaged beyond repair; or (d) scrapped, the owner shall, within 30 days of the occurrence of such fact, notify the Authority of the fact in writing and surrender to it the registration book of the pleasure craft. (2) On receipt of the notification and the registration book, the Authority shall cancel the registration book and the entry relating to the pleasure craft in the register. (3) The Authority may cancel the registration of a pleasure craft where— (a) although it does not receive any notification under subsection (1), it is satisfied of the existence of any of the facts specified in that subsection; (b) it is notified that the pleasure craft is declared a total loss; (c) it is satisfied that the registration of the pleasure craft is obtained on the basis of documents which were, or by representation of facts, which was, false in any material particular; (d) after having ordered the examination of the pleasure craft by an approved surveyor as it may appoint and on such examination, it is satisfied that— (i) the pleasure craft is in such a condition that it is incapable of being used or its use in a navigational area constitutes a danger to the public; and (ii) it is beyond reasonable repair. (4) Before cancellation of the registration of a pleasure craft under subsection (3) (a) or (c), the Authority shall give the owner of the pleasure craft an opportunity to make any representation he may wish to make. (5) On cancellation of the registration of a pleasure craft under subsection (3), the Authority shall communicate that fact in writing to the owner who shall, within 30 days of receipt of the communication, surrender to the Authority the registration book and the licence of the pleasure craft, where applicable. (6) The Authority shall cancel the registration book surrendered under subsection (5) and the entry relating to the pleasure craft in the register. (7) Where the registration of a pleasure craft is cancelled under subsection (2) or (3), the Authority may assign the registration mark of that pleasure craft to any other pleasure craft which it may subsequently register. T11 – 27 [Issue 6] Tourism Authority Act (8) Where the registration of a pleasure craft licence is cancelled under subsection (2) or (3), no person shall put, or permit any person to put, that pleasure craft in a navigational area. (9) Any person who— (a) operates, permits or employs a person to operate a pleasure craft in respect of which its registration is cancelled; or (b) contravenes subsection (8), shall commit an offence and, shall, on conviction, be liable to a fine of not less than 10,000 rupees and not exceeding 100,000 rupees and to imprisonment for a term not exceeding 2 years. [S. 49 amended by s. 29 (b) of Act 38 of 2011 w.e.f. 15 December 2011.]