Section 57: Using a pleasure craft

57. Using a pleasure craft (1) No person shall— (a) operate a pleasure craft in a navigational area, unless there is a pleasure craft licence or provisional pleasure craft licence issued under section 65A in respect of that pleasure craft; T11 – 30 (1) [Issue 7] Tourism Authority Act (b) operate, permit or employ any person to operate, a pleasure craft in a navigational area, unless— (i) the pleasure craft is fitted or provided with such items of equipment, in such number and according to such specifications, as may be prescribed; (ii) there is in force in relation to the use of that pleasure craft by that person or the other person, as the case may be, such policy insurance as may be prescribed in respect of any liability which may be incurred by him in respect of the death of, or bodily injury to, any person, or damage to any property, arising out of and in the course of the use of the pleasure craft. continued on page T11 – 31 [Issue 7] T11 – 30 (2) Revised Laws of Mauritius such policy insurance as may be prescribed in respect of any liability which may be incurred by him in respect of the death of, or bodily injury to, any person, or damage to any property, arising out of and in the course of the use of the pleasure craft. (2) Any person who contravenes subsection (1) shall commit an offence and, shall, on conviction, be liable to a fine of not less than 5,000 rupees and not exceeding 50,000 rupees and to imprisonment for a term not exceeding one year. (3) Any person who— (a) operates a pleasure craft at any place, other than in a navigational area; (b) causes, permits or employs any person to operate a pleasure craft at any place, other than in a navigational area, shall commit an offence and, shall, on conviction, be liable to a fine of not less than 5,000 rupees and not exceeding 50,000 rupees and to imprisonment for a term not exceeding one year. (4) In the case of a second or subsequent conviction, the offender under subsection (2) or (3), as the case may be, shall be liable to a fine of not less than 20,000 rupees and not exceeding 200,000 rupees and to imprisonment for a term not exceeding 5 years. (5) (a) Any person who wishes to obtain a pleasure craft licence shall make a written application in such form and manner as may be approved by the Authority and upon payment of the prescribed fee. (b) The Authority shall renew the pleasure craft licence where it is satisfied that the applicant has paid the prescribed fee and continues to meet the requirements for the issue of the licence. (6) Upon receipt of an application referred to in subsection (5) (a), the Authority may upon payment of the prescribed fee, issue a letter of intent setting out the conditions upon which a pleasure craft licence may be issued to the applicant. (7) The Authority— (a) shall, in relation to a first application for a pleasure craft licence; (b) may, in relation to an application for the renewal of a pleasure craft licence, direct the applicant to have the pleasure craft together with its engine surveyed by an approved surveyor. [S. 57 amended by s. 15 of Act 3 of 2008 w.e.f. 1 June 2008; s. 29 (b) of Act 38 of 2011 w.e.f. 15 December 2011.]