Freeport Act

Freeport Regulations 2005

[GN 33 of 2005 – 1 January 2005] [Section 24]

1. These regulations may be cited as the Freeport Regulations 2005.

2. In these regulations –

"Act" means the Freeport Act;

"Director-General" means the Director-General of the Mauritius Revenue Authority;

"hazardous goods" means goods which are, by their nature, dangerous or which may cause a hazard or affect other goods;

"perimeter fence" means the perimeter fence required to be erected under regulation 3;

"prohibited area", in relation to a freeport zone, means the area between any building or structure and the perimeter fence.

3. (1) For the purposes of section 5 of the Act, a freeport developer shall, at his own expense, cause to be erected and maintained a perimeter fence along the boundary of his freeport zone in compliance with specifications laid down by the Director-General.

(2) Any building or structure to be erected by a freeport developer within the freeport zone allocated to it shall, subject to paragraphs (3) to (6), be erected with the approval of the Board of Investment after consultation with the Director-General.

(3) (a) The Director-General may, for control and security purposes, cause buildings or other structures to be erected in a freeport zone and shall have access to the devices and control systems installed therein.

(b) The buildings or other structures referred to in paragraph (a) shall be erected by the freeport developer at its own expense.

(4) No approval under paragraph (2) or (3) shall be given unless the plans for the building or structure are submitted to the Board of Investment or the Director-General, as the case may be, for approval.

(5) The Board of Investment may, before giving its approval under paragraph(3) impose such conditions as it may determine and in particular –

 (a) for compliance with conditions attached to the freeport licence;

 (b) that the building or structure shall not be erected at less than 10 metres of the perimeter fence;

 (c) for the pulling down of the building or structure, on the expiry or revocation of the freeport licence, by the freeport developer or by competent authorities at the expense of the freeport developer; or

 (d) that the abandonment of the building structure after the expiry or revocation of the licence shall not give rise to a claim by the freeport developer.

(6) Except with the approval of the Director-General and the Managing Director, no building or structure shall be erected on, and no freeport activity or other activity shall be c

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.