President Dr Mohamed Muizzu today ratified an amendment to the Tourism Act
that allows the government to grant extensions to parties who failed to
complete the development of tourist land plots, islands, and lagoons within the
initially agreed upon deadline.
The ratified amendment, which includes several major
changes to the Tourism Act, stipulates that if a party leasing land, an island,
or a lagoon for tourism purposes fails to complete and open the facility within
the agreed-upon deadline, the Minister of Tourism will have the authority to
grant an extension.
This extension will be provided according to the rules set
out in a regulation drafted under the Tourism Act.
This change was introduced by adding two new sub-articles, (6-1) and (6-2),
below Article (6) of the Tourism Act.
- New Agreement: Sub-article (6-1) (b) states that the extension for completing and opening unfinished facilities will be granted by amending the agreement made with the leasing party.
- Eligibility: Extensions will be granted only to projects where physical work is currently underway.
- Fees and CSR: According to the newly added Sub-article (6-1) (b), extensions will be granted upon payment of a fee, in accordance with the regulation to be drafted under the Tourism Act. This fee must be deposited into the Tourism Trust Fund as a form of Corporate Social Responsibility (CSR).
- Waiver Authority: The ratified amendment also grants the Minister the authority to defer or waive the rent and fines that the company receiving the extension may be liable to pay.
- Penalties for Further Default: However, if the tourism facility is not completed within the extended deadline stipulated in the amended agreement, the Ministry reserves the right to revoke the agreement and reclaim the property. In such a case, the state will not be required to pay any compensation.
The amendment also reiterates a previous change made in March to Article
9(k) of the Tourism Act, which allows for the extension of the lease period for
islands initially leased for 50 years.
The previous amendment allowed for a 20-year extension
upon payment of a USD 2.5 million fee, a 25-year extension for USD 3 million,
and a 49-year extension for a fee of USD 5 million, provided the payment was
made within six months of the previous amendment's enactment.
The current amendment effectively resets the clock for
these extensions. It changes the payment deadline from "within six months
from the date of the 15th amendment's enactment" to "within six
months from the date of the 16th amendment's enactment."
In both amendments, the fee paid for the
extension can be divided into 12 monthly installments.