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Cederberg
South Africa
South Africa
Coastal Management By-law, 2021
- Published in Western Cape Provincial Gazette no. 8418 on 30 April 2021
- Commenced on 30 April 2021
- [This is the version of this document from 30 April 2021 and includes any amendments published up to 17 June 2022.]
1. Definitions
In this By-law, words used in the masculine gender include the feminine, the singular includes the plural and vice versa, the English text prevails in the event of an inconsistency between the different texts and unless the context otherwise indicates means:"admiralty reserve" means any strip of land adjoining the inland side of the high-water mark which, when this Act took effect, was state land reserved or designated on an official plan, deed of grant, title deed or other document evidencing title or land-use rights as "admiralty reserve", "government reserve", "beach reserve", "coastal forest reserve" or other similar reserve;"bathing area" the seashore and that part of the sea situated within or adjoining the area over which the Municipality has jurisdiction, and also that portion of the adjoining dune and the beach habitually used by members of the public for bathing and recreational purposes;"beach area" the sea, seashore, bathing area, sand dune and any land owned by the Municipality above the high water mark and adjoining the seashore and used or capable of being used by the public for recreational purposes, including any adjoining facility, promenade, walkway, car park, lawn or structures;"boat" any water navigable craft, whether self-propelled or not, and whether it is used to carry persons or goods or to tow something, or for any other reason, whether for sport, recreation or not;"coastal access land" means land designated as coastal access land in terms of section 18(1), read with section 26 of the National Environmental Management: Integrated Coastal Management Act;"coastal protected area" means a protected area that is situated wholly or partially within the coastal zone and that is managed by, or on behalf of an organ of state, but excludes any part of such a protected area that has been excised from the coastal zone in terms of section 22 of the National Environmental Management: Integrated Coastal Management Act;"coastal protection zone" means the coastal protection zone contemplated in section 17 of the National Environmental Management: Integrated Coastal Management Act;"coastal public property" means coastal public property referred to in section 7 of the National Environmental Management: Integrated Coastal Management Act;"coastal waters" means -2. Objectives
To provide for procedures, methods and practices to regulate the use and management of the coastal zone. To control activities in the coastal zone and to provide for matters incidental thereto. Under the provisions of Section 156(2) of the Constitution of the Republic of South Africa, 1996, and Sections 20(2) and 50 of the National Environmental Management: Integrated Coastal Management Act (Act No. 24 of 2008), Cederberg Municipality hereby enacts as follows:3. Application
This By-law shall apply to the beach area and the coastal area under control of the Municipality where that it is appropriate and not excluded or inconsistent with any other law.If a determination of this By-law is in contradiction with any other By-law of the Municipality, this By-law or the most restricting By-law provisions must be adhered to but shall not derogate from the provisions of any other legislation.4. Public amenities
Number of visitors5. Admission to public amenity
6. Entrance fees
7. Notice boards
8. Consent required for certain activities
9. Use of public amenities
The municipality may enter into an agreement with any person in terms of which a public amenity or any part thereof may be used for the purposes and subject to the conditions set out in the agreement.10. Permit
11. Prescribed fees
The municipality may determine fees payable in terms of this by-law.12. Animals
13. Prohibited behaviour
14. Vehicles
15. Boating/craft, including launching & operation
General provisions regarding boating/craft including launching and operation.16. Vehicle use
Vehicles in coastal areas17. Vehicle use at public launch sites
18. Public launch site operational plan
Monitoring and reporting19. Access Management
20. Parking and traffic management
21. Launching
22. Vessel and Public safety
23. Duty of care
24. Ecologically sensitive areas adjacent to the launch site
25. Noise
26. Coastal Access Land
The Municipality is hereby, and in terms of section 20(1)(c) of the National Environmental Management: Integrated Coastal Management Act, afforded the powers to:(1) Designate any public access servitude in favour of the municipality as coastal access land; and(2) Remove any public access servitude in favour of the municipality as coastal access land, which is causing or contributing to adverse effects that the municipality is unable to prevent or to mitigate adequately; subject to the Municipality giving notice of the intended designation or withdrawal of the designation to the owner of the land.(3) Protect and enforce the rights of the public to use coastal access land gain access to coastal public property;(4) Maintain that land so as to ensure that the public has access to the relevant coastal public property;(5) Where appropriate and within its available resources, provide facilities that promote access to coastal public property, including parking areas, toilets, boardwalks and other amenities, taking into account the needs of physically disabled persons;The public may:(1) Utilise coastal access land for the sole purpose of accessing coastal public property.In terms of this bylaw:(1) Coastal Access Land is deemed to be a Public Amenity;(2) All prohibitions and conditions applicable to Public Amenities are applicable to Coastal Access Land;(3) No person may impede the public’s right to traverse coastal access land in order to access the coastal zone, subject to the provisions applicable to Public Amenities.[Please note: numbering as in original]27. Overnighting/camping
Provisions regarding overnighting and camping28. Provisions regarding Caravan parks
29. Consumption of liquor
No person may operate or use a vessel, or may be in the driving seat of a power-driven boat with its engine running, or may water ski, while his or her blood contains more than 0.05 grams of alcohol per 100 millilitres of blood or while under the influence of drugs.30. Entertainment and trade
No person shall, without the prior written permission of the Municipality, and then only in accordance with any conditions which may be imposed by the Municipality, irrespective whether for reward or gain, conduct:31. Fireworks
No person shall discharge without the prior consent of the Municipality, any fireworks or pyrotechnic works within the beach area, coastal access land, or coastal public property.32. Fires
No person shall, except at places and amenities provided by the Municipality, kindle a fire in the beach area without the prior written permission of the Municipality, excluding by gas operated equipment of which the gas cylinder not exceeds 4,5 kilogram gas capacity.33. Protection of coastal fauna and flora
Environment conservation34. Waste Management
Littering35. Dumping
36. Burning of waste
37. Swimming/Bathing
Prohibition of swimming within certain areas38. Offences relating to swimming
39. Aquatic events (e.g. organised triathlons, inflatable boat races)
No person shall:40. Damage to property
Damage of property41. Angling
No person may:(1) catch fish or angle in that portion of the bathing area wherein the Municipality has by notice prohibited fishing.(2) Where fishing and angling is not prohibited, no person may cast or manipulate his fishing equipment in a manner which may endanger or cause annoyance to anyone.No person may:(1) fish from any bridge over a river;(2) impede any navigational channel with a fishing line;(3) leave a fishing line unattended in or near a navigation channel;(4) spear fish in a river.A person who contravenes a provision of subsection (1) commits an offence.[Please note: numbering as in original]42. Animals on the beach
Animals on beaches43. General conduct on rivers, dams, estuaries and sea
Conduct on rivers, dams, estuaries and sea44. Miscellaneous Provisions
Powers of official and offences45. Appeal
A person whose rights are affected by a decision delegated by the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefor in terms of section 62 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000) to the Municipal Manager within 21 days of the date of the notification of the decision.46. Penalties
A person who has committed an offence in terms of this by-law is, on conviction, liable to a fine or in default of payment, to imprisonment, or to such imprisonment without the option of a fine, or to both such fine and such imprisonment, and in the case of a successive or continuing offence, to a fine for every day such offence continues, or in default of payment thereof, to imprisonment.47. Limitation of liability
The municipality is not liable for any damage or loss caused by:48. Authentication and service of notices and other documents
49. Presumption
In any prosecution under this by-law it shall be presumed, unless the contrary is proved, that an animal found in a public amenity was brought into the amenity by the owner thereof or a person under the control of the owner, or that the owner or the person allowed the animal to enter the amenity.50. Entering into agreements
The municipality may enter into a written agreement with any person, organ of State, local community or organisation to provide for -51. Liaison forums in community
52. Repeal of by-laws
The provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality are hereby repealed as far as they relate to matters provided for in this by-law.53. Short title and commencement
This by-law may be cited as the Cederberg Municipality Coastal Management By-law and commences on the date of publication thereof in the Provincial Gazette.- Entire By-law
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1. Definitions
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2. Objectives
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3. Application
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4. Public amenities
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5. Admission to public amenity
-
6. Entrance fees
-
7. Notice boards
-
8. Consent required for certain activities
-
9. Use of public amenities
-
10. Permit
-
11. Prescribed fees
-
12. Animals
-
13. Prohibited behaviour
-
14. Vehicles
-
15. Boating/craft, including launching & operation
-
16. Vehicle use
-
17. Vehicle use at public launch sites
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18. Public launch site operational plan
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19. Access Management
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20. Parking and traffic management
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21. Launching
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22. Vessel and Public safety
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23. Duty of care
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24. Ecologically sensitive areas adjacent to the launch site
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25. Noise
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26. Coastal Access Land
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27. Overnighting/camping
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28. Provisions regarding Caravan parks
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29. Consumption of liquor
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30. Entertainment and trade
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31. Fireworks
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32. Fires
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33. Protection of coastal fauna and flora
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34. Waste Management
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35. Dumping
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36. Burning of waste
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37. Swimming/Bathing
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38. Offences relating to swimming
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39. Aquatic events (e.g. organised triathlons, inflatable boat races)
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40. Damage to property
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41. Angling
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42. Animals on the beach
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43. General conduct on rivers, dams, estuaries and sea
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44. Miscellaneous Provisions
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45. Appeal
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46. Penalties
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47. Limitation of liability
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48. Authentication and service of notices and other documents
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49. Presumption
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50. Entering into agreements
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51. Liaison forums in community
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52. Repeal of by-laws
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53. Short title and commencement
History of this By-law
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30 April 2021 this version
Published in Western Cape Provincial Gazette no. 8418By-law commences.
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