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Control of Boats and Boating on the Clanwilliam Dam 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 15 December 2022.]
PreambleWHEREAS there is a need to identify and provide clarity on use of the Clanwilliam dam as a local amenity, within the area of jurisdiction of the Cederberg Municipality.WHEREAS there is a need to ensure safe recreational use of the Clanwilliam dam, within the area of jurisdiction of the Cederberg Municipality.NOW THEREFORE under the provisions of Section 156(2) of the Constitution of the Republic of South Africa, 1996 and Schedule 5B, Cederberg Municipality enacts as follows:—
1. Definitions and interpretationIn this By-law 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;"Council" means the Council of the Cederberg Municipality;"dam" means the area within the Clanwilliam dam under jurisdiction of 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 Municipality;"Merchant Shipping Act" means the Merchant Shipping Act, 1951 (Act No. 57 of 1951);"Merchant Shipping (National Small Vessel Safety) Regulations" means Merchant Shipping Regulations, 2007, Government Notice No R. 705 published in Government Gazette No.30151 dated 8 August 2007, made by the National Minister of the Department of Transport under section 356 of the Merchant Shipping Act, 1951 (Act No. 57 of 1951);"Municipality" means the Municipality of Cederberg established in terms of Section 12 of the Municipal Structures Act, 117 of 1998 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;"neighbourhood of dam" includes the properties adjacent to or in the immediate vicinity of the dam;"operate" or "control", 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 in the dam, or to have a boat, or to permit a boat to be, in 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 and valid certificates;"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;"SAMSA" means South African Maritime Safety Authority established under the South African Maritime Safety Act, 1998 (Act No. 5 of 1998);"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;
2. Operation or control of boats on the dam
3. Permission to enter and operate a boat on the dam
4. Equipment of vessels
5. Rules for boating
7. Prohibition of operating a vessel or a boatThe Municipality may prohibit any vessel if—
8. Pollution of the dam
9. Powers of authorised officers
10. 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.
11. Removal of boats from the dam
12. Exception from liability in respect of injury and/or damage
14. Offences and penaltyAny person who contravenes or fails to comply with any provision of this By-law commits an offence and shall be guilty of an offence and liable upon conviction to—
15. Short title and commencementThis By-law is called the Cederberg Municipality By-law relating to the Control of Boats and Boating on the Clanwilliam dam
History of this By-law
4 November 2022 this versionPublished in Western Cape Provincial Gazette no. 8677By-law commences.
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