MAURITIUS PORTS AUTHORITY

GUIDELINES FOR THE ISSUE OF A PORT LICENCE

1.0 INTRODUCTION TO THE PORT

Port Louis Harbour is strategically situated in the Indian Ocean on the shipping routes
linking Africa, Europe, Asia and Australia. Located on the North-West coast of Mauritius,
the port of Port Louis is its only commercial harbour. It is situated at the capital city of
Port Louis, which is also the administrative and economic centrepoint of the country.

The port is a deep natural harbour, sheltered by a wide range of volcanic mountains. It
has a long and colourful history, which dates as far back as 1721 when then French
Governor, Mahé de Labourdonnais, established Port Louis as a fortified harbour. Late, the
British also realized the importance of Port Louis, which they converted into a naval base
and merchant shipping port.

As the principal gateway of the country, the port plays a vital role in the national economy
by handling about 99% of the total volume of the country’s external trade. Over the past
two decades, the port has been transformed into an economic nerve centre, with modern
port facilities, a dynamic Freeport, port-based facilities, together with impressive
waterfront development.

This choice location makes Port Louis Harbour an excellent interface between Africa, Asia
and Europe. With a regional ambition in mind, Port Louis harbour has been developed into
a regional maritime and business hub. In this context, the port has been transformed from
an old lighterage port into a modern facility, especially including the development of a
new port, which has a container terminal spanning over 26 hectares and equipped with 5
post-panamax rail mounted quay cranes. Facilities for the handling of a wide range of
cargo are also available.

Port Louis stands out by the numerous advantages it offers, from competitive tariffs,
organised workforce, smooth industrial relations to high security for cargo in transit and a
personalised customer service. Port Louis Harbour annually handles some 6.5 million
tonnes of cargo including about 323,393 TEUs. An average cargo annual growth rate of
about 10.2% has been registered over the recent years and some 2,300 vessels call at the
harbour every year.

Quality of service, competitive tariffs, the introduction of a berthing window scheme and
good customer care has encouraged some of the world’s shipping lines to use Mauritius as
a transhipment hub. Total transhipment traffic has increased from a modest 3,800 TEUs in
2001 to over 108,321 TEUs during the financial year 2007/2008.
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Over the years, while the national economy has been moving into a second stage of
development characterised by a skill-based and technologically more advance economy,
the port has witnessed a major transformation. Not withstanding the fact that cargo traffic
has increased, commercial and industrial activities within the port area have also
expanded.

Taking into consideration, the important challenges looming ahead in this era of increasing
globalisation, the management of the port is laying emphasis on the quality and efficiency
of its manpower, long-term investment in various infrastructure project which will bear
fruits in the years to come.

MAURITIUS PORTS AUTHORITY

The Mauritius Ports Authority (MPA), formerly known as the Mauritius Marine Authority
(MMA) is the sole national port authority set up under the Ports Act 1998, to regulate and
control the port sector. Being a landlord port authority MPA is responsible for the provision
of the main port infrastructure and superstructure, together with related facilities. It also
provides marine services and navigational aids, while it regulates and controls all port
activities and environment issues within the port area.

The MPA has also responsibility for the development of the port in accordance with
approved Master Plans. As regards land use, it is responsible for land use control, planning
and leasing within the port boundaries.

The mission of the MPA is to be a stimulator of economic growth by providing safe, green,
efficient and competitive world class port services. Its vision is to transform Port Louis into
a dynamic and maritime business hub in the region.

The MPA is also responsible for Port Mathurin and its development has a prominent slot in
our development programme. Several high level visits/discussions are being held and a
series of operational and security measures are being implemented.

Some infrastructural improvement works have been identified which would be included in
the updated Port Master Plan currently under review by the Consultants. The MPA and the
Rodrigues Regional Assembly would jointly agree on the potential reform to be brought at
Port Mathurin Harbour.

The administration and control of the MPA are vested in a Board of Directors. The
Chairman of the Board is appointed by the Minister of External Communications. All
members of the Board are also appointed by the Minister responsible for ports.

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2.0 LICENSING SYSTEM GUIDELINES

The purpose of these guidelines is to assist and inform the public of the conditions set by
the MPA for the issue of a port licence in accordance with the Ports (Issue of Licences)
Regulations 1981, as subsequently amended by the Ports (Issue of Licences) Regulations
1983 under Section 43 of the Ports Act 1975, which stipulates that:-

“No person shall conduct any business relating to the supply or handling of
cargo, goods, bunkers, water, equipment, labour or other services within the
limits of a port, the outer port or the port premises unless he holds a licence
issued under these regulations.”

A separate licence is required for each business activity or operation.

3.0 HOW TO APPLY FOR A PORT LICENCE

Application should be made on prescribed forms obtainable from the MPA or which may
also be downloaded from the MPA’s website at www.mauport.com .

Certified copies of the following documents should be submitted at time of application:-

1. Articles and Memorandum of Association or Constitution of the Company;
2. Certificate of Incorporation of the Company;
3. Company`s Licence for the current year;
4. Trade Licence issued by a recognized body;
5. Shareholding Structure of the Company;
6. Letter from the Principal appointing the Company to do business on behalf
or in association/partnership with him (as applicable);
7. Job Contractor’s permit issued by the Ministry of Labour, Industrial
Relations and Employment (where applicable);
8. Any other relevant document that may support the application and any
additional information as may be required by the MPA such as a Business
Plan;
9. Testimonials and Certificates (where applicable);
10. Certificate of Ownership for fishing vessels and their Certificate of
Seaworthiness (applicable to application for Fishing Company).

The Applicant/Company shall submit its application in triplicate, on the prescribed forms
together with all relevant documents required in support of the application for the activity
it intends to carry out within the limits of the port.

Every Applicant shall be required to furnish a bank guarantee, the amount of which will be
determined by the MPA.
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4.0 CONSIDERATION OF THE APPLICATION/(PURPOSE OF THE LICENSING)

The MPA shall, for the purpose of granting a port licence, have regard to:-

o The necessity for the company to provide such services within the port area.
o The proficiency and aptitude of the company to deliver the services to a professional
standard.
o The security & safety aspects and its implications on other port activities.
o The provision for the right competences for service delivery.
o The business activity and its social, environmental and economical implications.
o The proficiency of the applicant to provide reliable, efficient and competitive port
services.
o The provision for controlling or fixing of the prices to be charged by the applicant.

5.0 GRANT OF A PORT LICENCE

The application shall be determined within 30 days of the submission of the application
and the applicant shall be informed accordingly. In case the application is favourably
considered, the applicant shall be required to deposit the appropriate fee and/or submit a
bank guarantee and/or other documents within a period of three months from the date
conveying the approval. If the Company fails to comply with the above, the application
will lapse.

The issue of a port licence will be subject to (i) the payment of the appropriate port
licence fee as specified in the Second Schedule of the Ports (Fees) Regulations 2008 and
(ii) such other terms and conditions as the Authority may impose at the time of issue or
renewal of the licence and from time to time.

5.1 Conditions pertaining to a port licence

Special conditions have also been laid down for each type of business activity.
The issue of a port licence will be subject to the applicant complying with the
above conditions. The licensee shall be responsible for all damages caused to
the MPA's/Third Party infrastructure or property as a result of his or her agent's
acts or negligence, improper supervision, etc. All such claims would be directed
to the licensee for settlement and who will hold MPA harmless of such actions.

5.2 Modifications of conditions

The MPA may modify the conditions of a port licence from time to time and as
and when required. However, the applicant will be notified of such
modifications prior to these conditions becoming effective.

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 5.3 Transfer of a port licence
The port licence is not transferable and any purported transfer shall for all
purposes & intents be null and void. The loss of a port licence must be
reported immediately to the MPA and to the Police. Any change of name of the
company or the licensee, as permitted in accordance with the Companies Act
2001, shall be notified to the MPA within the shortest delay.

5.4 Closing down of Business Activity

The port licence must be surrendered to the MPA in the event the applicant
ceases its activity for which such licence has been issued.

6.0 VALIDITY OF A PORT LICENCE

A port licence shall be valid until such time it has lapsed or revoked or suspended. Such
licences may be renewed for a further period, subject to the applicant complying with
conditions specified in Section 7 below.

7.0 RENEWAL OF A PORT LICENCE

Application for the renewal of a port licence shall be made at least one month before its
expiry. Failure to renew a port licence before the expiry of such licence, shall on renewal,
be liable to a surcharge equivalent to 10% of the fees payable in respect of such licence
as specified in the Ports (Fees) Regulations 2008.

A port licence will only be renewed subject to the following conditions:-

o The applicant should have no outstanding debt with the MPA at the time of submission
of application.
o The applicant should be operating for the period during which a port licence has been
issued. No dormant port licence would be renewed.
o The applicant must submit its Company’s & Trade Licences.
o Bank Guarantee should be submitted (Where applicable).
o A valid Insurance Cover should also be submitted (Where applicable).

8.0 CANCELLATION OF A PORT LICENCE

A port licence may be cancelled or suspended where it is found that the Licensee has
contravened or is likely to contravene any of the conditions of its port licence or any of the
provisions of the Ports Act (1998) or any regulation or direction issued by the MPA.

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9.0 COMPLIANCE WITH OTHER REGULATIONS

The issue of a Port Licence under the above regulations does not relieve the applicant
from his obligations to comply with other provisions of the laws in force in Mauritius.

6 April 2010

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