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Coastal Management By-law, 2022
- Published in Western Cape Provincial Gazette no. 8677 on 4 November 2022
- Commenced on 4 November 2022
- [This is the version of this document from 4 November 2022 and includes any amendments published up to 18 November 2022.]
PreambleWHEREAS the Municipality has the competence derived in terms of section 156(1) and (2) of the Constitution and sections 18, 20 and 50 of the National Environmental Management: Integrated Coastal Management Act No. 24 of 2008;AND WHEREAS there is a need to develop legislation to: prepare and administer the Municipality’s Coastal Management Programme; establish the Municipal Coastal Committee; designate, regulate and manage coastal access land and provide for Integrated Development Planning in the coastal zone within the jurisdiction of the Municipality;NOW THEREFORE The Municipal Council of the Cederberg Municipality, acting in terms of section 156(2) read with Part B of Schedules 4 and 5 of the Constitution of the Republic of South Africa, and sections 18, 20 and 50 of the National Environmental Management: Integrated Coastal Management Act No. 24 of 2008 and section 11(3)(e) of the Local Government: Municipal Systems Act No. 32 of 2000, hereby makes the following By-law:
1. DefinitionsIn 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—(a)marine waters that form part of the internal waters or territorial waters of the Republic referred to in sections 3 and 4 of the Maritime Zones Act. 1994 (Act No. 15 of 1994), respectively; and(b)subject to section 26 of the National Environmental Management: Integrated Coastal Management Act, any estuary."coastal wetland" means—(a)any wetland in the coastal zone; and(b)includes—(i)land adjacent to coastal waters that is regularly or periodically inundated by water, salt marshes, mangrove areas, inter-tidal sand and mud flats, marshes, and minor coastal streams regardless of whether they are of a saline, freshwater or brackish nature; and(ii)the water, the subsoil and substrata beneath, and bed and banks of, any such wetland;"coastal zone" means the area comprising coastal public property, the coastal protection zone, coastal access land and coastal protected areas, the seashore, coastal waters and the exclusive economic zone and includes any aspect of the environment on, in, under and above such area;"drunk" means a person who, reason of the alcohol which he or she has consumed, has lost control of his or her mental or physical faculties, or both, to such an extent as to render him or her incapable of comporting himor herself, or of performing any act in which he or she is engaged, with safety to himor herself or with that regard to the rights of others which the law demands;"dune" any build-up or accumulation of sand along the coastal area, situated within an area over which the Municipality has jurisdiction irrespective whether bare and mobile or vegetated and stable;"environment" means "environment" as defined in the National Environmental Management Act;"estuary" means a body of surface water—(a)that is part of a water course that is permanently or periodically open to the sea;(b)in which a rise and fall of the water level as a result of the tides is measurable at spring tides when the water course is open to the sea; or(c)in respect of which the salinity is measurably higher as a result of the influence of the sea."exclusive economic zone" means the exclusive economic zone of the Republic, referred to in section 7 of the Maritime Zones Act. 1994 (Act No. 15 of 1994);"facility" includes a bathing enclosure, boat shed, bathing box, change room, pool pavilion, playground, parking ground, cubicle, shower, bathroom or toilet;"goods and property" movable as well as immovable goods or real estate;"healthy" not detrimental or possibly detrimental to the health of the public;"high-water mark" means the highest line reached by coastal waters, but excluding any line reached as a result of—(a)exceptional or abnormal floods or storms that occur no more than once in ten years; or(b)an estuary being closed to the sea."liquor" liquor as defined in Section I of the Western Cape Liquor Act, 2008 (Act 4 of 2008);"litter" waste, refuse or any object or matter dump, deposited, discarded or left behind by a person in whose possession or control it was;"littoral active zone" means any land forming part of, or adjacent to, the seashore that is—(a)unstable and dynamic as a result of natural processes; and(b)characterised by dunes, beaches, sand bars and other landforms composed of unconsolidated sand, pebbles or other such material which is either unvegetated or only partially vegetated."low-water mark" means the lowest line to which coastal waters recede during spring tides;"Municipality" means Cederberg Local Municipality established by Provincial Notice No. 479 of 2000 in terms of 12 of the Local Government: Municipal Structures Act, 1998 (Act No. 177 of 1998) and include staff members of the Cederberg Local Municipality duly authorised by delegation;"notice, notice board or sign" an adequate official notice erected or displayed at the entrance to or at a conspicuous place or prominent position and maintained in a legible state, and may include a pictogram as approved by the Municipality;"nuisance" any noise, sound, conduct or behaviour which constitutes or may constitute a source of danger, disadvantage, inconvenience or annoyance to or a material interference or disturbance with the ordinary comfort, peace or convenience of other persons;"person" includes an association or organisation;"pollution" has the meaning assigned to it in section 1 of the National Environmental Management Act 107 of 1998;"protected area" means a protected area referred to in section 9 of the Protected Areas Act;"Protected Areas Act" means the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003);"public amenity" means—(a)any land, commonage, square, camping area, caravan park, beach, swimming pool, public open space, public resort, recreation site, river, dam, nature reserve, zoo-logical, botanical or other garden, or hiking trail, including any portion thereof and any facility or apparatus therein or thereon, which is the property of, or is possessed, controlled or leased by the municipality and to which the general public has access, whether on payment of admission fees or not, but excluding a public road or street;(b)a building, structure, hall room or office, including any part thereof or any facility or apparatus therein, which is the property of, or is possessed controlled or leased by the municipality and to which the general public has access, whether on payment of admission of fees or not; and(c)a public amenity contemplated in paragraphs (a) and (b) if it is lawfully controlled or managed in terms of an agreement between a person and the municipality;"public gathering or procession" means a procession or gathering of more than 10 people;"public place" means any square, building, park, recreation ground or open space which:—(a)is vested in the municipality;(b)the public has the right to use; or(c)is shown on a general plan of a township filed in a deeds registry or a Surveyor-General’s office and has been provided for or reserved for the use of the public or the owners in such township;"responsible person" the person whose personal details and signature appear on the prescribed application form for registration;"salt marsh" wetlands which are part of the floodplain of rivers and estuaries;"SAMSA" South African Maritime Safety Authority;"sea" means all marine waters, including—(a)the high seas;(b)all marine waters under the jurisdiction of any State; and(c)the bed, subsoil and substrata beneath those waters, but does not include estuaries."seashore", subject to section 26 of the National Environmental Management: Integrated Coastal Management Act, means the area between the lowwater mark and the high-water mark;"South African vessel" means any vessel registered or deemed to be registered in the Republic in terms of applicable legislation;"special management area" means an area declared as such in terms of section 23 of the National Environmental Management: Integrated Coastal Management Act;"surfboard" a board composed largely of fiberglass or epoxy used for the riding of waves including longboards, paddle boards (stand-up and kneeling), kneeboards and similar craft, but excluding bodyboards composed primarily of Polyethylene, Polypropylene or similar;"surfing" riding waves on a board or similar contrivance capable, when in motion, of sustaining a person, but excludes riding a board propelled or driven by wind power or aided by a sail;"waste" means any substance, whether or not that substance can be reused, recycled or recovered—(a)that is surplus, unwanted, rejected, discarded, abandoned or disposed of;(b)that the generator has no further use of, for the purposes of production, reprocessing or consumption; and(c)that is discharged or deposited in a manner that may detrimentally impact on the environment."vessel" any conveyance capable of floating on or in water or designed to navigate on or in water and includes a boat, a sailing boat or board, rowing boat, flat-bottomed boat, water jet driven boat, jet ski or any other water navigable craft of any type whatsoever whether self-propelled or not, but excluding a surfboard;"vehicle" a vehicle designed or adapted for propulsion or haulage by means of fuel, gas, electricity, battery or otherwise, animal drawn vehicle, wind driven vehicle, motorcycle or bicycle, as well as a trailer, a caravan or other implement designed or adapted to be drawn by such vehicle;"wetland" means land which is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is periodically covered with shallow water, and which land in normal circumstances supports or would support vegetation typically adapted to life in saturated soil.
2. ObjectivesTo 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. ApplicationThis 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 amenitiesNumber of visitors
5. Admission to public amenity
6. Entrance fees
8. Consent required for certain activities
9. Use of public amenitiesThe 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.
11. Prescribed feesThe municipality may determine fees payable in terms of this By-law.
13. Prohibited behaviour
15. Boating/craft, including launching & operationGeneral provisions regarding boating/craft including launching and operation.
16. Vehicle useVehicles in coastal areas
17. Vehicle use at public launch sites
18. Public launch site operational planMonitoring and reporting
19. Access management
20. Parking and traffic management
22. Vessel and public safety
23. Duty of care
24. Ecologically sensitive areas adjacent to the launch site
26. Coastal access landThe Municipality is hereby, and in terms of section 20(1) and 20(2) of the National Environmental Management: Integrated Coastal Management Act, afforded the powers to:
27. Overnighting/campingProvisions regarding overnighting and camping
28. Provisions regarding caravan parks
29. Consumption of liquorNo 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
31. FireworksNo 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. FiresNo 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 floraEnvironment conservation
34. Waste managementLittering
36. Burning of waste
37. Swimming/bathingProhibition of swimming within certain areas
38. Offences relating to swimming
39. Aquatic events (e.g. organised triathlons, inflatable boat races)
40. Damage to propertyDamage of property
41. AnglingNo person may:
42. Animals on the beachAnimals on beaches
43. General conduct on rivers, dams, estuaries and seaConduct on rivers, dams, estuaries and sea
44. Miscellaneous provisionsPowers of official and offences
45. AppealA 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. PenaltiesA 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
48. Authentication and service of notices and other documents
49. PresumptionIn 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
51. Liaison forums in community
52. Repeal of by-lawsThe 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 commencementThis 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.
History of this By-law
4 November 2022 this versionPublished in Western Cape Provincial Gazette no. 8677By-law commences.