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National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)

Chapter 4 : Management of Protected Areas

Part 4 : Restrictions

48A. Restriction of activities in marine protected areas

 

(1) Despite any other legislation, no person may in a marine protected area
(a) fish or attempt to fish;
(b) take or destroy any fauna or flora;
(c) undertake any dredging or extraction of sand, rock, gravel or minerals unrelated to any activities referred to in section 48(1);
(d) discharge or deposit waste or any other polluting matter;
(e) in any manner which results in an adverse effect on the marine environment, disturb, alter or destroy the natural environment or disturb or alter the water quality or abstract sea water;
(f) carry on any activity which may have an adverse effect on the ecosystem of the area;
(g) construct or erect any building or other structure on or over any land or water within such a marine protected area;
(h) carry on marine aquaculture activities;
(i) engage in bio-prospecting activities;
(j) sink or scuttle any platform, vessel or other structure; or
(k) undertake mineral exploration, and production of petroleum and other fossil fuels.

 

(2) Notwithstanding subsection (1) but subject to section 48(1), the Minister may, in relation to a marine protected area, prescribe
(a) different zones to regulate different activities within that marine protected area; and
(b) activities which require a permit.

 

(3) Before exercising the power referred to in subsection (2), the Minister must—
(a) consult with the Minister responsible for fisheries and the management authority that is responsible for managing the relevant marine protected area; and
(b) ensure that the zoning achieves the objectives referred to in section 2.

 

(4) Any zone declared in terms of section 43 of the Marine Living Resources Act, 1998 (Act No. 18 of 1998), or created by regulation in terms of section 77 of that Act which exists when the National Environmental Management: Protected Areas Amendment Act, 2014, takes effect, must be regarded as a zone prescribed in terms of subsection (2).

 

[Section 48A inserted by section 13 of Act No. 21 of 2014]