Section 61: Variation or revocation of or refusal to renew pleasure craft licence

61. Variation or revocation of or refusal to renew pleasure craft licence (1) The Authority may, by written notice, suspend, vary or revoke a licence issued in respect of a pleasure craft on receipt of an unfavourable report following a survey or counter examination, as the case may be, under section 58. (2) Subject to subsection (3), the Authority may at any time, vary, revoke or refuse to renew a licence where— (a) it is satisfied that— (i) a condition of the licence has not been complied with; (ii) the licence has been obtained by fraud or misrepresentation; (b) the licensee or the skipper of the pleasure craft has been convicted of an offence under this Act or regulations made under it; (c) the Authority has reasonable grounds to believe that the pleasure craft is being used in an improper, unsound or unsafe manner; (d) it is in the public interest to do so. (3) Where the licensee has entrusted the commercial exploitation of his pleasure craft to another person, and— (a) that person has, without lawful excuse, failed to comply with any— (i) requirement of this Act or any regulation made under it; (ii) standard, guideline or code of practice issued under this Act or regulations made under it; (b) that person is convicted of an offence under this Act or any regulation made under it; (c) the Authority has reasonable grounds to believe that— (i) that person is acting in a dishonourable, improper, fraudulent, dishonest, disorderly or immoral manner; T11 – 33 [Issue 4] Tourism Authority Act (ii) the pleasure craft is being used in an improper, unsound or unsafe manner, or is being used in a navigational area, without being equipped with such appropriate equipment as may be prescribed or specified on the pleasure craft licence, the Authority may at any time, but subject to subsection (5), revoke or refuse to renew the licence in respect of that pleasure craft. (4) Where the Authority has reasonable grounds to suspect that any licensee has transferred or assigned his licence, or is only nominally the licensee, the Authority may refuse to renew or may revoke the licence. (5) Before revoking or refusing to renew a licence under this section, the Authority shall, by notice in writing, require, within such reasonable time as it may deem fit, the licensee to show cause why his licence should not be revoked, varied or the Authority should not refuse to renew the licence. (6) Where the Authority revokes or varies a licence, no refund of the licence fee shall be made, nor any compensation paid, in respect of the unexpired portion of the licence. (7) Where a pleasure craft licence is revoked, no person shall put, or permit any person to put, the pleasure craft in respect of which there is no longer a valid licence, or allow the pleasure craft to remain, in a navigational area. (8) (a) Any person who— (i) operates, permits or employs a person to operate a pleasure craft in respect of which the licence has been revoked; or (ii) contravenes subsection (7), 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. (b) In the case of second or subsequent conviction, the offender under paragraph (a), 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 2 years. (9) The Authority shall, by notice in writing, require the person who does not have a 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. (b) In the case of second or subsequent conviction, the offender under paragraph (a), 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 2 years. (9) The Authority shall, by notice in writing, require the person who does not have a valid licence in respect of a pleasure craft to remove the pleasure craft from any navigational area within such period as may be specified in the notice. (10) Where the person referred to in subsection (9) fails to comply with the notice within the specified time period, the Authority may, at the expense of the person referred to in subsection (9), remove the pleasure craft to a place of safety. [S. 61 amended by s. 18 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.] [Issue 4] T11 – 34 Revised Laws of Mauritius