Permanent grant

Last updated

A 999-year lease, under historic common law, is a permanent lease of property. Permanent lease locations are in Britain, its former colonies and the Commonwealth. A former colony, the Republic of Mauritius established legal precedent (The Raphael Fishing Company Ltd v. The State of Mauritius & Anor (Mauritius) [2008] UKPC 43 (30 July 2008)) on 30 July 2008 [1] in respect of a 1901 'permanent lease' on the following islands of St. Brandon (Cargados Carajos) :

Contents

Royal Arms UK (Privy Council) Royal Arms of the United Kingdom (Privy Council).svg
Royal Arms UK (Privy Council)
NameAKA
1.Île Raphael Raphaël Island
2. L'île du Sud (South Island, l'île Boisées)South Island, l'île Boisée
3. Petit Fou Island-
4. Avocaré Island Avocaré Avoquer, L'Avocaire
5. l'île aux FousFous, Ile Fou
6. L'île du Gouvernement Government Island
7. Petit Mapou IslandSmall Mapou
8. Grand Mapou IslandBig Mapou
9. La Baleine IslandWhale Island
10. L'Île Coco Coco Island, Île Cocos, Île aux Cocos
11. Île Verronge - Verronge Island
12. l'île aux BoisWooded Island
13. La Baleine Rocks IslandWhale Rocks Island

These islands were converted from a 1901 999-year lease to a permanent grant by the UK Privy Council in 2008. [2] The Privy Council judgment (Article 71) confirmed Raphaël Fishing Company [3] legally as "the holder of a Permanent Grant of the thirteen islands mentioned in the 1901 Deed (transcribed in Vol TB25 No 342) subject to the conditions therein referred to." [4] [5] [6]

See also

Related Research Articles

<span class="mw-page-title-main">Mauritius</span> Island country in the Indian Ocean

Mauritius, officially the Republic of Mauritius, is an island country in the Indian Ocean, about 2,000 kilometres off the southeastern coast of East Africa, east of Madagascar. It includes the main island, as well as Rodrigues, Agaléga, and St. Brandon. The islands of Mauritius and Rodrigues, along with nearby Réunion, are part of the Mascarene Islands. The main island of Mauritius, where the population is concentrated, hosts the capital and largest city, Port Louis. The country spans 2,040 square kilometres (790 sq mi) and has an exclusive economic zone covering 2,300,000 square kilometres.

<span class="mw-page-title-main">Mascarene Islands</span> Group of islands in the Indian Ocean

The Mascarene Islands or Mascarenes or Mascarenhas Archipelago is a group of islands in the Indian Ocean east of Madagascar consisting of islands belonging to the Republic of Mauritius as well as the French department of La Réunion. Their name derives from the Portuguese navigator Pedro Mascarenhas, who first visited them in April 1512. The islands share a common geological origin beneath the Mascarene Plateau known as the Mauritia (microcontinent) which was a Precambrian microcontinent situated between India and Madagascar until their separation about 70 million years ago. They form a distinct ecoregion with unique biodiversityand endemism of flora and fauna.

<span class="mw-page-title-main">Outer Islands of Mauritius</span> Islands administered by, but not parts of the mainland of Mauritius

The Outer Islands of Mauritius is the first-level administrative divisions of the country and consists of the islands of Mauritius and several outlying islands. It is under the authority of the Ministry of Local Government and Outer Islands. The Constitution of Mauritius states that the Republic of Mauritius includes the islands of Agaléga, Mauritius, Rodrigues, Saint Brandon, Tromelin Island, and the Chagos Archipelago. The Government of Mauritius claims sovereignty over the Chagos Archipelago, which the United Kingdom split from its territories to create the British Indian Ocean Territory before its independence in 1968. Additionally, France shares a sovereignty claim over Tromelin Island, an uninhabited island between Madagascar and Mauritius's main island.

<span class="mw-page-title-main">St. Brandon</span> Mauritian atoll in the Indian Ocean

Saint Brandon, also known as the Cargados Carajos Shoals, is a southwest Indian Ocean archipelago of sand banks, shoals and islets belonging to the Republic of Mauritius. It lies about 430 km (270 mi) northeast of the island of Mauritius. It consists of five island groups, with about 28-40 islands and islets in total, depending on seasonal storms and related sand movements.

<span class="mw-page-title-main">Mauritian Wildlife Foundation</span> Non-profit conservation agency in Mauritius

The Mauritian Wildlife Foundation (MWF) is an independent, non-governmental, non-profit conservation agency working in Mauritius and the Outer Islands to save threatened endemic local flora and fauna.

<span class="mw-page-title-main">Aboriginal title</span> Concept in common law of indigenous land rights persisting after colonization

Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty to that land by another colonising state. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively.

<span class="mw-page-title-main">France Staub</span> Mauritian ornithologist, herpetologist, botanist and conservationist

France Staub was a Mauritian ornithologist, herpetologist, botanist, and conservationist.

The wildlife of Mauritius consists of its flora and fauna. Mauritius is located in the Indian Ocean to the east of Madagascar. Due to its isolation, it has a relatively low diversity of wildlife; however, a high proportion of these are endemic species occurring nowhere else in the world. Many of these are now threatened with extinction because of human activities including habitat destruction and the introduction of non-native species. Some have already become extinct, most famously the dodo which disappeared in the 17th century.

A 999-year lease, under historic common law, is an essentially permanent lease of property. The lease locations are mainly in Britain, its former colonies, and the Commonwealth.

Jean-Raymond Boulle, COR is a Monaco-based Mauritian businessman, the founder of four publicly traded companies with deposits of nickel, cobalt, copper, zinc, titanium and diamonds.

<span class="mw-page-title-main">Île Raphael</span> Outer island of Mauritius and Headquarters of Raphael Fishing Company

Île Raphael is an island in the Saint Brandon archipelago, a group of 30 outer islands of Mauritius. The island is named after Veuve Raphaël. Veuve Raphaël's husband was a sea captain and had installations on the corner of rue (route) des Pamplemousses and rue Fanfaron in Port Louis. Captain Raphaël travelled regularly to Île Raphael, St Brandon from Port Louis and, on 17 May 1816 and November 1817, is on record as bringing back salted fish on a Lugger called 'Le Cheriby'. Île Raphaël is today the headquarters and principal fishing base of the Raphael Fishing Company which is the second oldest commercial company in Mauritius on the List of companies of Mauritius.

Albatross Island is an island located in the St. Brandon archipelago, a group of outer islands of Mauritius. A small fishing station existed on the island until 1988.

<span class="mw-page-title-main">L'île du Sud</span> Island in Cargados Carajos coral reef atoll system

L'île du Sud is an island located in the St. Brandon archipelago. It is one of the three islands used as a base of operations for fishing activities by Raphael Fishing Company, the only resident fishing company in the cargados carajos shoals under a 1901 contract with the government of Mauritius.

<span class="mw-page-title-main">Avocaré Island</span>

Avocaré Island is an island located in the St Brandon archipelago.

<span class="mw-page-title-main">L'Île Coco</span> Island in Mauritius

L'Île Coco is one of the longest islands adjoining the inner lagoon of the St. Brandon archipelago. It is at times inhabited by fishermen as a base for the resident fishing company's fishing activities as well as for fly fishing and fly-casting activities.

<span class="mw-page-title-main">Île Verronge</span>

Île Verronge is one of circa thirty isles, island and sandbars that is part of the St. Brandon archipelago in the Indian Ocean. It is constitutionally designated, under Mauritian law, as one of the outer islands of Mauritius.

Novaculops alvheimi is a species of labrid fish discovered in St Brandon atoll, Mauritius in May 2013.

<span class="mw-page-title-main">Raphael Fishing Company</span> Raphaël Fishing Company

The Raphaël Fishing Company Ltd is a Mauritian fishing company incorporated on 7 July 1927 in Port Louis, Mauritius. It is the second oldest commercial company in Mauritius, after Mauritius Commercial Bank (1828).

References

  1. "The Raphael Fishing Company Ltd v. The State of Mauritius & Anor (Mauritius) [2008] UKPC 43 (30 July 2008)". www.bailii.org. Retrieved 2023-01-23.
  2. "The Raphael Fishing Company Ltd v. The State of Mauritius & Anor (Mauritius) [2008] UKPC 43 (30 July 2008)". www.saflii.org. Retrieved 24 November 2022.
  3. "THE RAPHAEL FISHING COMPANY LIMITED C404". mauritiusfirm.com. Mauritius firm. Retrieved 1 January 2023.
  4. Le bail permanent de Rapha l Fishing confirm sur St.-Brandon
  5. "raphael-fishing-company-ltd-v-the-state-of-mauritius-". swarb. 29 September 2021. Retrieved 17 December 2022.
  6. "Raphaël Fishing Company". vlex. Retrieved 17 December 2022.
  7. "The Constitution of Mauritius" (PDF). Retrieved 23 January 2023.