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Control of Boats and Boating on the Clanwilliam Dam By-law, 2004
- Published in Western Cape Provincial Gazette no. 6181 on 22 October 2004
- Commenced on 22 October 2004
- [Up to date as at 28 May 2021]
Purpose of by-law• To promote the achievement of a safe and healthy environment for the benefit of residents within the area of jurisdiction of the municipality; and• To provide for procedures, methods and practices to manage the use of boats and boating on the Clanwilliam dam.
1. DefinitionsIn 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:—"authorised officer" means any person authorised by the municipality to perform the functions of an authorised officer under this by-law or a member of the South African Police Service;"boat" or "vessel" means any conveyance capable of floating on or in water or designed to navigate on or in water and includes, but is not restricted to a motor boat, sailing boat, rowing boat, canoe, paddle-ski, power boat, fishing boat, flat-bottomed boat, jet driven boat ferry, houseboat, water cycle and raft;"bow" means the front part of a vessel;"canoe" means a vessel designed to be propelled by means of paddles without any mechanical assistance;"dam" means the area within the Clanwilliam dam under jurisdiction of the Cederberg municipality;"due date" means 30 June of every year or such other date as may be determined by the municipality;"helmsman" means a person who steers or controls a vessel;"houseboat" includes any vessel, irrespective of whether or not it is propelled under its own power, upon which facilities for day or night accommodation or for any kind of food preparation have been provided, or a vessel upon which any kind of toilet or washing facilities have been provided;"inland waters" means that part of the dam which falls within the jurisdiction of the Cederberg municipality;"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, municipality, 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, municipality, councillor, agent or employee;"neighbourhood of dam" includes the properties adjacent to or in the immediate vicinity of the dam;"operate" or "control" or any like expression, in relation to a boat, means to launch, use, sail, navigate or moor a boat or to permit a boat to be launched, used, sailed, navigated or moored on the dam, or to have a boat, or to permit a boat to be, on the dam;"permission" means the written permission of the municipality;"port" means the left side of the boat as seen from the stern;"power boat" means a vessel propelled by means of an engine or other mechanical apparatus, either in- or outboard, irrespective of whether or not such engine or apparatus is the main source of power;"purchase line" means the upper limit of the area expropriated by the state (Department of Water Affairs and Forestry) around the perimeter of the dam;"recreation activities" means any activity practised in or on the water of the dam with or without the use of a boat or vessel;"registered boat" a boat issued with an identification number in accordance with section 6 of this by-law;"rowing boat" means a vessel designed to be propelled by means of oars without any mechanical assistance;"sail" or "under way" means the situation of a vessel when it is not anchored or moored or on dry land;"sailing boat" includes every boat which is under sail and is not propelled by mechanical power;"starboard" means the right side of the boat as seen from the stern;"stern" means the back part of a vessel;"visible" means visible by somebody with reasonable eyesight during a dark night when the atmosphere is clear;"water area" means the area of open water below the purchase line;"water-ski" means to ski or skate on or in the water with or without the assistance of any kind of skating apparatus and where the water-skier is towed by a vessel by means of a towing-rope;"water-skier" or "skier" means a person who is water-skiing;"zoning map" means the map of the surface area of the Clanwilliam Dam which has been divided into a number of specific sectors or zones for the exercising of a particular activity or activities, or for the prohibition of any activity and which may possibly be zoned for conservation purposes; and"zone" means various sectors or zones demarcated with coloured buoys.
2. Operation or control of boats on the dam
3. Equipment of vessels
4. Rules for boating
5. Water-skiing—where allowed
6. Registration and licensing of boats
7. Validity of licences and displaying of tokens
8. Automatic lapsing or cancellation of licences
9. Cancellation of license
10. Fixing of tariffs, fees and levies
11. Pollution of the dam
12. Powers of authorised officers
13. Delegation of powerThe municipality may delegate and/or transfer any powers conferred on it under this by-law, with the exception of the power to levy or determine fees, to any person or persons or organisation and such person or persons or organisation shaIl after such delegation or transfer have the same power as the municipality would have had in terms of the provisions of this by-law.
14. Removal of boats from the dam
15. Exception from liability in respect of injury and/or damage
17. PenaltyAny 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—
- Entire By-law
- 1. Definitions
- 2. Operation or control of boats on the dam
- 3. Equipment of vessels
- 4. Rules for boating
- 5. Water-skiing—where allowed
- 6. Registration and licensing of boats
- 7. Validity of licences and displaying of tokens
- 8. Automatic lapsing or cancellation of licences
- 9. Cancellation of license
- 10. Fixing of tariffs, fees and levies
- 11. Pollution of the dam
- 12. Powers of authorised officers
- 13. Delegation of power
- 14. Removal of boats from the dam
- 15. Exception from liability in respect of injury and/or damage
- 16. General
- 17. Penalty
History of this By-law
22 October 2004 this versionPublished in Western Cape Provincial Gazette no. 6181By-law commences.
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