Nature Reserves


South Africa

Nature Reserves By-law, 2004

Purpose of By-Law

• To promote the achievement of nature and environmental conservation;• To provide for procedures, methods and practices to regulate the use and management of nature reserves.

1. Definitions

In this by-law, words used in the masculine gender include the feminine, the singular includes the plural and vice versa, the Afrikaans text prevails in the event of an inconsistency between the different texts and unless the context otherwise indicates:—"municipality" means the Municipality of Cederberg established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, Provincial Notice 482 dated 22 September 2000 and includes any political structure, political office-bearer, councillor, duly authorised agent thereof or any employee thereof acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office-bearer, councillor, agent or employee;"reserve" means the land described in the Provincial Notice set out below:(a)Ramskop Nature Reserve — Provincial Notice 824/1979;(b)Lamberts’s Bay Nature Reserve — Provincial Notice 785/1967.

2. Nature and Environmental Regulations applicable

The provisions of the Nature and Environmental Conservation Regulations promulgated under Provincial Notice 955 dated 29 August 1975 shall apply mutatis mutandis in respect of the reserves, and any reference in such regulations to—
(a)a nature reserve, or
(b)the Director or the Department, shall be construed as a reference to—
(i)the reserve, or
(ii)the municipality respectively.

3. Charges

The municipality shall fix the charges payable to it in connection with any amenity, facility, entertainment, exhibition, performance or service established or provided by it in respect of the reserves.

4. Camping and picnicking

(a)No person shall camp or picnic in the reserves except in conformity with the provisions of this by-law and at such site as the municipality may allocate to such person.
(b)Any person who has been allocated a site in terms of this section shall be responsible for the cleanliness thereof.

5. General prohibitions

No person shall—
(a)trespass upon any flower bed or lawn;
(b)sell or offer for sale anything without first having obtained the written permission of the municipality;
(c)without good cause refuse or fail on demand to furnish any official with his correct name and address, and
(d)leave any motor vehicle unattended without first having secured the handbrake and locked the doors thereof, in the reserves.

6. Penalty

Any person who contravenes or fails to comply with any provision of this by-law shall be guilty of an offence and liable upon conviction to—
(1)a fine or imprisonment, or either such fine or such imprisonment or both such fine and such imprisonment;
(2)in the case of a continuing offence, an additional fine or an additional period of imprisonment or either such additional fine or such additional imprisonment or both such additional fine and imprisonment for each day on which such offence is continued, and
(3)a further amount equal to any costs and expenses found by the court to have been incurred by the municipality as result of such contravention.
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