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National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)

Regulations

Control of Use of Vehicles in the Coastal Area Regulations

1. Definitions

 

In these Regulations, unless the context indicates otherwise, a word or expression that is defined in the Act bears the same meaning in these Regulations, and in addition—

 

"Act"

means the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008);

 

"authorised officer"

means—

(a) any person appointed as a fishery control officer in terms of the Marine Living Resources Act, 1998 (Act No. 18 of 1998);
(b) an environmental management inspector appointed in terms of the National Environmental Management Act; and
(c) all peace officers as defined in the Criminal Procedure Act;

 

"beach or surf launch site"

means a natural location within the coastal zone, with no slipway, jetty or other construction or structure, where a vessel may be launched directly into the water and includes a natural location in the coastal area, which can only be accessed by an artificially compacted or hardened surface;

 

"coastal area"

means—

(a) coastal public property;
(b) littoral active zone; and
(c) any area between the high-water mark and up to 500 meters landwards of the high-water mark where dunes, wetlands, mangroves, lagoons, salt marshes, salt pans, mud flats occur, but not exceeding the boundary of the coastal zone as determined in the Act;

 

"Criminal Procedure Act"

means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);

 

"dune"

means a mound or ridge of loose wind-blown material, usually sand, whether covered by vegetation or not;

 

"emergency"

means a serious situation or occurrence that happens unexpectedly or is reasonably foreseeable and that requires immediate action;

 

"fishing competition"

means an inter-provincial, national, or international recreational sport fishing competition sanctioned by, and held under the auspices of, the South African Shore Angling Association;

 

"harbour"

means a port or harbour proclaimed in terms of any law and managed by an organ of State;

 

"integrated management plan"

has the meaning assigned to it in the World Heritage Convention Act, 1999 (Act No. 49 of 1999);

 

"management authority"

means the organisation or authority appointed in terms of the Protected Areas Act or in terms of the World Heritage Convention Act, 1999 (Act No. 49 of 1999), to manage a coastal protected area including any authority or organisation who has been appointed or contracted to manage a coastal protected area in terms of section 14 of the Protected Areas Act or section 13 of the World Heritage Convention Act, 1999 (Act No. 49 of 1999);

 

"permissible use"

means a use of a vehicle within the coastal area referred to in regulation 3 and for which a permit under these regulations is not required;

 

"physically disabled person"

means a person with permanent severe mobility impairment who has been certified as such by the National Council for Persons with Physical Disabilities in South Africa;

 

"privately used launch site"

means a site—

(a) constructed adjacent to or proximate to privately owned property;
(b) used by the owner or occupiers of such property to launch a vessel in the coastal area;
(c) which is not for use by the general public;
(d) where no fees, levies or charges are imposed for launching a vessel; and
(e) excludes a beach or surf launch site.

 

"public launch site"

means a site listed by notice in the Gazette in terms of the Public Launch Site Regulations, as a site where a vessel may be launched in the coastal zone, but excludes a privately used launch site;

 

"Public Launch Site Regulations"

means the regulations published in terms of the Act relating to the listing and management of public launch sites;

 

"public road"

has the meaning assigned to it in the National Road Traffic Act, 1996 (Act No. 93 of 1996);

 

"relevant authority"

means the delegated authority or the Minister as referred to in regulations 4 and 16;

 

"scientific research"

means research carried out by a museum, recognised institute established for the purpose of scientific research, or research carried out by a registered research unit of a tertiary institution;

 

"tourism business"

means a commercial business using vehicles in the coastal area for the purpose of conducting eco-tours and which employs tourist guides;

 

"tourist guide"

means a tourist guide as defined in the Tourism Act, 1993 (Act No. 72 of 1993);

 

"use"

in relation to a vehicle includes driving, operating, being conveyed by, or being seated in the driver's seat of a stationary vehicle;

 

"vehicle"

means—

(a) any self-propelled conveyance which is designed to transport one or more persons on land including those designed for the construction or maintenance or infrastructure;
(b) a trailer;
(c) any motorised aircraft which may land in the coastal area; or
(d) a vessel which is able to move on land.

 

"vehicle use launch site"

means a public launch site listed by notice in the Provincial Gazette in terms of the Public Launch Site Regulations, as a site which allows a vehicle to be used to launch a vessel in the coastal area but excludes a privately used launch site; and

 

"vessel"

has the meaning assigned to it in the Act, but excludes non-motorised waterborne craft which do not require a vehicle or any other equipment to launch into the water.