Sugar Industry Efficiency (Amendment) Act 2005 (No. 30 of 2005)

LEGAL SUPPLEMENT 933 tu the Gnvenmuml G«zf!tte of Mauritius Nn I 27 of 3 Dec;emher 2005. THE SUGAR INDUSTRY EFFJCTENCY (AMENDMENT) ACT 2005 Act No. 30 of 2005 25th November 2005 I <ISSCTlt SIR ANEROOD JUGNAUTH President oftlte RE!p11blzc ARRANQEM!:NT OF SECTIONS S..,cti/Jn I. Short 111h., 2. Interpretation J . St:t:lion 28 o( rrincipal Act umcndcd An Act ' To 11me11d the S uga r Industry Efficiency Act 2001 ENACTED by the Purtiarncnt of Mauritius, as follows 1. Short title This Act may be cited as the Sugar lnd\lstry Eftici.ency (Amc11dm1:mt) Act 2005. 2. Interpretation Tn U1is Act "principal Act" means the Sugar Industry Efficiency Act 2001. 934 Act,y 2005 3. Section 28 of principal Act amended Section 28 of the principal Act is amended by inserting immediately after subsection ( 4), the following new subse~tions (4A) Subsections (1) to (4) shall not apply to a person who puts af,rricultural land to non-agricultural use wherc (a) he was , on 30 Scptembe1: 2005, the owner of Jantl, which or part of which is agricultural laud, of an extent not exceeding one hectare (l 0,000 square metres) in the aggregate; anu (b) the agricultural land is (i) locattjd in an area where development is permissible in accordance with an outline scheme or the strategic and detailed <lcvelop1uent policies of a development plan, as the case 1nay be; and • (ii) laud other than land within an irrigation area. ( 4B) Notwithstanding the Morcellement Act, where an owner of agricultural land, who is exempted from the requirements of subsections (I) to (4) pursuant to subsection (4A) (a) applies for and is issued with a 1norcellcment permit in respect of that land under that Act, he shaft be exempted from the payment of the fees payable un<ler section 9 of that Act; Acts 2005 935 (b) is issued with a letter of intent in respect of that land under section 6 of that Act, he may, subject to such conditions as the Morcellcment Board may impose, including the fu1nishing of such security as it may deem fit, enter into an agreement to sell any portion of that laud and receive payment in that respect. (4C) Notwi.thstanding this Act or any other enactment, where an owner of agricultural land, who is exempted from the requirements of subsections (1) to (4) pursuant to subsection ( 4A), sells that land, the deed of transfer shall (a) be exempted from the payment of (i) any tax levilible -under Part 111 and Part JV of the Land (Duties and Truces) Act; and (ii) the transcription fee leviabJe under the Transcription and Mortgage Act ; an<l (h) contain a <leclarati.on from the vendor that (i) he was, on 30 Septcn1ber 2005, the owner of land . which or part of which is agriculttu--al land. of an extent not exceeding one hectare (10,000 square metres) in the aggregate; and 936 Aces 2005 (ii) the agriculrural land is (A) located in an area where development is permissible in accordance with an outline scheme or the strategic and detailed development policies of a developmc!ll plan, as the case maybe; und (B) land other than land within an inigation arc;i, (4D) Subsections (1) lo (4) shall not apply to a purchaser of ab<ricultural land under subsection ( 4C), or to any subsequent purchaser of that land. Passed by lhe National Assembly on the fifteenth day of November two thousand and five. Ram Ranji'tDowlutta Clerk of rhe National Assembly BY Aun1<mrrv '. Tur /\C;ri,.,·o OovlfKNMflNT P'Rlr-. t t.R, LA ·rm.ii\ KoeMa 525~12/2CO:l- I 057