1. | These regulations may be cited as the Campement Site Tax and Campement Tax (Exemption) Regulation GN 184 of 2003. |
2. | In these regulations - |
| "agriculture" includes the use of land for grazing or conservation purposes and fish farming. |
3. | (1) Where a campement site is crossed by a public road, that part of the
campement site other than that which lies between the public road and
the high water mark shall be exempt from campement site tax. |
| (2)
The exemption under paragraph (1) shall not apply except upon production
to the authorised officer of a memorandum of survey or survey report
together with a site plan indicating that part of the site which lies
between the public road and the high water mark and the other part of
the site. |
4. | (1) Subject to paragraphs (2), (3) and (5), where a campement site is used
primarily for agricultural purposes, the campement site shall be exempt
from campement site tax. |
| (2)
Where a campement site had been used primarily for agriculturalpurposes
for any period ending 30 June 2002 and is situated partly within 81.21
metres from the high water mark, that part of the site which lies beyond
81.21 metres from the high water mark shall be exempt from campement
site tax. |
| (3) Where a campement site used primarily for agricultural purposes is
situated partly within 81.21 metres from the high water mark and
contains a building or structure on that part of the campement site
which lies within 81.21 metres from the high water mark, the owner shall
be exempt from the payment of campement site tax, except for the plot
of land used for the building or structure. |
| (4) For the purposes of paragraph (3), the plot of land used for the building or structure shall be the actual acreage used. |
| (5) Where a campement site is used primarily for agricultural purposes and
is situated partly within 81.21 metres from the high water mark, that
part of the campement site which lies within 81.21 metres from the high
water mark shall be exempt from campement site tax where it forms part
of a golf course. |
| (6) The exemption under this regulation shall not apply except on production to the authorized officer of - |
| | (a) a memorandum of survey or survey report together with a site plan of
the campement site indicating that part of the site which lies within
81.21 metres from the high water mark and the other part of the site; |
| | (b) the actual acreage used for the building or structure referred to in paragraph (3). |
| (7) Where a campement site qualifies for exemption under this regulation,
it shall be exempt from campement site tax in respect of the whole of
the campement site for any period ending 30 June 2002. |
| (8) Notwithstanding paragraphs (2), (3) and (7), where any campement site
tax has been paid in respect of the campement site, no refund of such
tax shall be made. |
5. | (1) Regulation 4 shall not apply to a campement site used for a hotel. |
| (2a) Where a campement site situate on Pas Geometriques is leased for new hotel projects or extension of existing hotels, the owner shall be exempt from the payment of campement site tax. |
| (2b) An exemption under subparagraph (a) shall apply from the date of the
lease of the land and shall cease to apply after the expiry of 2 years
from the opening of the hotel or the extension of the existing hotel. |
| (3) Where a hotel is located on a campement site situate on Pas
Geometriques, the owner shall, subject to paragraph (2), be exempt from
the payment of campement site tax to the extent of the rental payable on
the lease of the campement site. |
| (4) Where a campement site is freehold land and is used for a hotel, the
owner shall be exempt from the payment of campement site tax to the
extent of 25 per cent of the campement site tax leviable thereon. |
6. | (1) Where a campement site contains a building which is occupied
exclusively by the owner as a sole residence for himself and his family
and he, his spouse or his unmarried minor children are not the owners of
any other premises, either solely or in common with others, which is
used or normally usable for residential purposes, the owner shall be
exempt from the payment of campement site tax. |
| (2) Paragraph (1) shall not apply where the owner is - |
| | (a) a body corporate; |
| | (b) 2 or more persons jointly, other than - |
| | | (i) spouses whose matrimonial regime is governed by articles 1475 and 1478 of the Code Civil Mauricien; |
| | (ii) a succession consisting of a surviving spouse and his children or such children only; |
| | (iii) a partnership between ascendants and descendants; |
| | (iv) a partnership between spouses; |
| | (v) a partnership between brothers and sisters. |
7. | Where
the part of a campement site qualifies for exemption from campement
site tax under regulation 4(2), the owner shall be exempt from the
payment of campement tax on any building or structure situated on that
part of the campement site. |
8. | The Campement Site Tax (Exemption) Regulations 1985 are repealed. |
9. | Regulations
4(2), (3), and 7 shall be deemed to have come into operation on 1 July
2002. Made by the Minister on 29th September 2003. |