Tourism Development Act, no. 8 of 2019

2. Interpretation PART II- OBJECTS OF THE ACT

3. Objects of the Act. PART III -ADMINISTRATION

4. Establishmeni of Agencies andAuthorities PART IV - POLICIES ON TOURISM SECTOR

5. Policies on Tourism sector PART V, CLASSIFICATIONSYSTEM

6. Classification or grading criteria

7. Application for classification PART VI -APPEALS BOARD

8. AppealsBoard

9. Appeals PART VII - COMPLIANCE

10. Minimum requirements forlicence .11.. • Appointment oflnspectors and their.powersofinspection

12. Investigahon ofcomplaint 112 Supplement to.Official Gazette [23rd August 2019]

13. Information on tourism enterprises

14. Consequence of non-compliance PART VHI - MISCELLANEOUS

15. Offences

16. Compounding of offences

17. Protection of action taken in good faith

18. Regulations

19. Transitionalprovision [23rd August 2019] Supplement to Official' Gazette 113 TOURISM DE¥ELOPMENT ACT, 2019 (Act.8of 2019) 1 assent Danny Faure .President 22nd August, 2019 AN ACT to facilitate the planning and implementation of policies relating to the tourism industry; to provide for the • regulation and monitoring of the tourism industry, grading and classification of accommodation establishments and for matters connected therewith or incidental thereto. ENA<:;TED by the President and the National Assembly. PART I - PRELIMINARY

1. This Act niay'be cited as the Tourism Dev~lopment Short. title and commencement Act, 2019 and shall come into force on snch date as the Minister may; by Notice published in the Gazette, appoint. 114 Supplement to Official Gazette [23rd August 2019} Interpretation 2. Ii1this Act, unless the context otherwise requires- "Appeals Board" means the Appeals Board established under section 8; "accommodation establishment" means a guesthouse, hotel, island resort or self-catering establishment licensed under the Licenses (Accommodation, Catering and Entertainment) Regulations,2001 (S.I. !0of2001); "classification or grading criteria" means the criteria prescribed under section 6, for the purposes 6f classification or grading of accommodation establishments; "grading insignia" means the stars and Seychelles Secrets Logo awarded to accommodation establislunents classified or graded under section 6· ' "guest or client" means a person who uses the facilities of a licensed :;iccommodation establislunent or-tourism enterprise in exchange for a financial consideration; "guesthouse" means an establishment containing several rooms· or suites, supplemented by one or separate buildings that provides lodging or sleeping accommodation, which includes a reception and common .areas with ancillary food and beverage facilities that are solely for the use of its in-house guests; "hotel" means an establishment containing several rooms or suites, supplemented by one or more separate buildings that provides lodging or sleeping accommodation and ancillary food and beverage [23rd August 2019] Supplement to Official Gazette 115 areas including.a reception area, and offering food and beverage services, entertainment and other facilities to its in-house guests and the general public; "Inspector" means an Inspector appointed under section 11; "island resort" means an establishment based on any island other than Mahe, Praslin, La Digue or Cerf Island within the Republic, offering several rooms or suites supplemented by one or more separate buildings for lodging or sleeping. accommodation including a 'reception area, and offering its guests or clients accommodation on full board basis and other facilities; "Licensing Authority" means the Seychelles Licensing Authority established under the Licenses •Act(Cap l 13); "minimum requirements" means the rrummum criteria, for a hotel, guesthouse, •self-catering establishment, island resort, restaurant or any tourisrµ enterprise as may be prescribed under sectionlO; • "Minister" means the Minister responsible for Tourism and "Ministry" shall be construed accordingly; "prescribed" means prescribed by regulations madeundertheAct; • "self-catering establishment" means a purpose- built or a converted house, cottage, . chalet, • bu,ngalow,.flat, apartment or villa that provides 1,...;i:,..,.: .... r.. ,..,... ,...1,,.,,.... ~....,,... ,:,r,r,n1'Y';'l"Y'l,-,,,.,1,;,t1A-t"'I uihP.1"P thP. i 16 Supplement to Official Gazette [23rd August 2019] facilities and equipment are provided for guests or clients to cook or prepare their own meals, and which facilities are adequate to cater for or accommodate the maximum number of guests or clients as licensed; "tourism enterprise" means the business of a person or a body of persons who or which carries on one or more of the following activities ~ (a) • provision or arrangement either wholly or in part of services for visitors to Seychelles by way of transport, accommodation, catering tours, guides, or maritime r~lated activities within or outside Seychelles; .and (b) distributing, wholly or in part for the purposes of trade,. or retailing. tourism-related goods and services. PART II - OBJECTS OF THE ACT Objectsof 3. ThemainobjectsoftheActare- the Act (a) to enable the Ministry of Tourism to develop programmes and guidelines relating to the tourism sector so as to meet the national objectives on tourism development; (b) to enahle the Ministry of Tourism to exercise• general supervision over the tourism sector; - (c) to promote efficient and sustainable development in the tourism sector and to •enhance the sector's contribution •to the national economy; (d) to establish a code of practic.e and standards for tourism enterprises and ensure that they are complied with by service providers;. [23rd August 2019] 'Supplement to Official Gazette 117 (e) to develop criteria ,which shall be necessary for the enhancement of standards of tourism enterprises, facilities •and allied tourist services; (f) to oversee the quality of services provided by service providers to ensure that consumers of the tourism sector receive value for their money; (g) to promote the development of cultural and eco-tourism services; and (h) to enable the Ministry to . co-ordinate the activities of other statuto1ybodies associated with the development of the tourism sector_ PART HI-ADMINISTRATION

4. The Minister may by re'gulatidns establish such Establishment Agencies or Authorities as may be necessary for canying out of Agencies and Authorities the objects under this Act PART IV - POLICIES ON TOURISM SECTOR

5. The Minister may make policies relating to the Policies on tourism sector in respect of the following -· Tourismsector (a) Accommodation establishments; (b) Boat Charters; (c) Dive Centres;- (d) Dive Operators; (e) Entertainment; (f) Restaurants; 118 Supplement to Official Gazette [23rd August 2019] (g) Tour Guides; (h) Tour Operators; (i) TravelAgents; G) Vertical Integration; (k) Water Sports; (1) Yacht Charters; and (m) Any other policy that may be necessary to achieve the purposes of this Act. PART V - CLASSIFICATION SYSTEM Classification 6.(1) The Ministry shall develop a national classification • • or grading • criteria • system for accommodation· establishments with a view to maintaining or enhancing the standards and quality of tourism services and facilities. • (2) It shal) be mandatory for every accommodation establishment having more than 50 rooms to be graded under the·classification system. • (3) Grading under the cl"assification system shall be optional for accommodation establishments having 50 rooms or fewer.· (4) Accommodation establishments which choose not to be graded under. subsection (3), but use grading insignia, • stars and the Seychelles Secrets Logo in their marketing and advertisements shall commit an offence and shall be liable on conviction to a fine not exceeding SCR 100,000. (5) Accommodation establishments displaying ratings obtained from guest reviews on their online booking platfonns or in their marketing advertisements shall specify that the [23rd August 2019] Supplement to Official Gazette 119 ratings are given by their guests and are not related to the national classification system. (6) No Destination Management Company, Tour Operator, Travel Agent or online booking platform registered in the Republic of Seyche1les shall market or advertise an accommodatfon establishment with a grade by using the star grading or Seychelles Secrets Logo unless the grade has been granted by the Ministry ofTourism. (7) A Destination Management Company, Tour Operator, Travel Agent or online booking platfom1 registered • in the Republic of Seychelles which contravenes subsection (6) shall commit an offence and shall be liable on coiwiction to a fine not exceeding SCR!00,000. (8) The national classification system under subsection (I) shall provide for the establishment of one or more schemes in tenns of which acconunodation establishments are to be classified or graded. ' (9) A scheme under subsection (8) may provide for- (a) classification or grading of accommodation estabhshments on the grounds , amongst others, of their standards and quality of services and facilities; (b) addition, continuation and termination of the scheme;and •(c) the use and display of the prescribed insignia, which may include a depiction of a logo, star or number of stars indicating the classification or grading awarded in terms of · the scheme. (10) A scheme under Sl!bsection(8) may be revised 120 Supplemei1tto Official Gazette [23rd August 2019] talcing into consideration of the· changing trends and guest expectations in the tourisri:industry. (11) The Ministry shall classify or grad~ accommodation establishments in accordance with the classification or grading criteria as may be prescribed. (I 2) The classification or grading under subsection (11) . shall be valid for two years. Application 7.(1) Subject to section 6, a person who intends to for classification operate or is operating an accommodation establishment shall apply to the Ministry for classification of his or her accommodation establishment in such form and manner, accompanied by such fees and documents as may · be prescribed. : (2) The Ministry shall, on receipt of an application under subsection (I), make an enquiry through an Inspector and thereupon decide on the app_lication. PART VI -APPEALS BOARD Appeals . 8.(1) •There shall be an Appeals Board consisting of three Board • persons,.one of whom shall be the Chairperson, appointed by the President on the recommendation of the Ministry, (2) The Appeals Board may appoint any person for giving assistance in deciding ariy particular appeal, on such terms and conditions as may be determined by the Appeals Board. , (3) The Chairperson and members of the Appeals . Board shall be persons having qualifications and experience in the tourism sector, as may be prescribed, and be of good cl).aracterand integrity.· (4) A person shall not be appointed as Chairperson or memberifthatperson - [23rd August 2019] . Supplement to Official Gazette 121 (a) is an owner or operator of, or has any interest in, an accommodation establishment; or (b) has been convicted and undergone imprisonment for a term of six months or more for an offence involving fraud, dishonesty or moral turpitude. (5) The Chairperson and members of the Appeals Board shall hold office for a period of three years and shall be eligible forreappointment. • (6) The appointment of the Chairperson and members shall be on such terms and conditions as may be determined by the President. • (7) The President shall .at any time tenninate the appointment of the Chairperson or members if he or she has been found guilty of - (a) any misconduct; default or breach of trust in the discharge of his or her duties; or (b) an offence of a nature which renders it desirable that the Chairperson's appointment be terminated. (8) The Appeals Board n;iay regulate its own proceedings.

9.(1) A person aggrieved by any decision of the Ministry Appeals under sections 6 or 14 may appeal to the Appeals Board. (2) An appeal under subsection (I) shall" be made within such time, accompanied by such fees and in such manner as may be prescribed. (3) The Appeals Board may, where it entertains an . appeal, decide.the appeal by - • 122 Supplement ta Official Grizette [23rd August 2019] (a) confirming the decision;. • • (b) varying the decision; (c) quashing the decision; or (d) ordering the.' Ministry to reconsider the decision. (4) Any person aggrieved by the decision of Appeals Board may prefer an appeal. to the Supreme. Court within a period of 30 days from the date of communication of the decision by the Appeals Board .. PART VII - COMPLIANCE Minimum 10.(1) An applicant for a licence under regulation 3 of the requirements for licence Licences (Accommodation, Catering and Entertainment Establishment~) Regulations, 2001 (S.I. 10 of 2001) for a hotel, self-catering establishment, guest house, restaurant or any other tourism enterprise shall comply with the minimum requirements, including disaster preparedness and risk management, as may be prescribed. (2) The Licensing Auth01ity shall, before grantmg a licence to an applicant under subsection (1),. consuh the Ministry regarding compliance with the minimum requirements. Appointment 11.(1) The Minister may appoint such number of of InsJ)ectors andtheir Inspectors as may be necessary for carrying out the ftmctions powersof •and duties assigned to Inspectors under this Act.· inspection (2) The Ministry shall provide the Inspector wilh an. identification card and the Inspector shall, upon request, produce his or her card before exercising any power unde,· this Act. • • [23rd August 2019] Supplement to· Official Gazette 123 (3) The Inspector shall, for the purpose of ensuring consistency in the quality of the product and .visitor satisfaction, carry out assessments - (a) before recommending a licence and upon renewal of a licence; and (b) at least once a year or as often as necessaiy with or without notice to all licensed accommodation establishments and tourism enterprises,..to ensure_compliance with the minimum requirements. (4) An Inspectorappointedunder subsection( 1)may- (a) conduct inspection of accommodation establishments and tourism enterprises; (b) recommend the classification or grading of acconµnodation establishments; (c) conduct investigations to prevent illegal tourism operations; (d) carry out monitoring and verification of risk management plans for disaster preparedness; and (e) perform such other functions as may be authorised by the Minister under this Act. ( 5) The Inspector shall give reasonable notice to the responsible person of the licensed accommodation establishment or tourism enterprise as the case may be, of his or her intention to exercise the powers under subsections (3) and (4). (6) The Inspector may, where it appears that the circumstancesjusyfy, exercise the power under subsections (3) 124 Supplement to Official Gazette [23rd August 2019] or (4) without giving notice by recording the reasons in writing for dispensing with the issuance of notice under subsection (5). (7) The Inspector may enter interany place or premises at any reasonable time with such assistance as the oflicer considers necessary, for the performance of his or her functcons under this Act: (8) Where a licensee fails to comply with the minimum requirements, the Inspector shall recommend the Miniskr to suspend or cancel the licence, and the Minister shall thereupon make recommendation t9 the Licensing Authority for the suspension or cancellation of the licence. Investigation 12. The Ministry shall investigate any complaint made of complaint against any accommodation establishment or tourism enterprise. . I11fo1mation 13.(1) The Ministry may, for the purposes of plam1ing on tourism enterprises development and growth, establish and maintain a databa,e of information on the tom:ismindustry. • (2) The Minister may for the purposes of subsection (I), prescribe the categories of accommodation establishments and tourism enterprises that shall provide information, and •shall in this regard determine- (a) the period within which infonnation is to be provided; (b) • the form and manner for provic!.ing information; and (c) the information which shall be provided in relation to each acconnnodation establishment and tourism·enterprise. (3) The .Ministry may ·require an accommodation establishment or a . tourism enterprise to furnish wch [23rd August 20i9] Supplement to Official Gazette 125 information and statistics in' regard to customers and the . operation of the facility or activity as it considers necessary.

14.(1) A tourism enterprise which - Consequence of non~ compliance (a) fails to maintain the minimum requirements specified for a licence type or classification; or (b) fails to display or market itself . as per the classification or grade specified by the Ministry, shall be liable to any of the actions specified under subsection (2). • (2) The Ministry may take the following actions for any failure under subsection (I)- (a) reduction of the classification; (b) temporary suspension of the classification or grading; (c) revocation of the classification or grading; or (d) reco.mmendation to the Licensing Authority for suspension or revocation of the licence. PART VIII - MISCELLANEOUS

15.(1) Notwithstanding anything to the contrary in section Offences 6,apersonwho - • (a) operates any accommodation establishment without its classification or grading; (b) displays or markets the accommodation establishment contrary to the classification or grading granted; 126 Supplement to Official Gazette [23rd August 2019] (c) fails to provide the information called for . under.section 13, • commits an offence and shall be liable on conviction to a fine not exceeding SCR 100,000. Compounding 16.(1) Where a person agrees in writing· to the ofoffences compounding of an offence pljnishable under section 15, the Minister may, in consultation with the Attorney General, compound the offence as may be prescribed by regulations. (2) In any proceedings brought against any person for an offence under this Act, it shall be a good defence if the person proves that the offence has been compounded under thi.s section. Protectionof 17. Any suit or other legal proceedings shall not lie actiohtaken against any officer or other employee of the Ministry for in good faith anything done or intended to be done in good faith in pursuance of this Act. Regulations 18.(1) The Minister may make regulations for th0 purpose of carrying out the provisions of this Act. (2) Without prejudice to the generality of the power under subsection (1), such regulations may provide for - (a) Accommodation establishments, Boat . Charter, Dive Centres, Dive Operators,. Entertainment, Restaurants, Tour Guides, Tour Operators, Travel Agents, Vertical 'Integration, Water Sports and Yacht Charter under section 5; (b) a national classification . sys tern for accommodation establishments under section C/1 \, [23 ·d August 2019] Supplement to Official Gazette 127 .(c) classification or grading criteria under section 6(11); (d) •mini_mumrequirements under section 10; (e) the categ01iesof accommodationestablishments and tourism enterprises that shall provide iufonnationunder section 13(2); (f) ·compounding of offences; and (g) any other matter which is required to be, or may be, prescribed for implementation of this Act

19.(1) All existing accommodation establishments which Transitional require classification under section 6 shall obtain the provision classification or grading within s.uchtime as the Minister may notify by regulatiol)s. (2) Notwithstanding the provisions of the Act, the regulations made under section 18(2)(d) may provide for a specific time frame for compliance with the mm1mum requirements specified under section 10 of this Act I certify that this is a correct copy of the Bill whichwas passed by the National Assembly on 25thJupe, 2019. Ms. Jutta Alexis Clerk to the National Assembly