Mandating Procedures of Provinces Act, 2008
R 385
National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)RegulationsManagement of the Namaqua National Park Marine Protected Area Regulations4. General restrictions within the Marine Protected Area |
| (1) | The owner, skipper or operator of a vessel shall not enter or operate a vessel in the Marine Protected Area without a valid certificate of competence and a certificate of fitness issued in respect of such vessel, and such original certificates must be available for inspection at all times. |
| (2) | A vessel shall not enter the Marine Protected Area unless the marking approved for that vessel in accordance with the provisions of the Merchant Shipping Act, 1951 (Act No. 57 of 1951), is displayed on the vessel at all times while the vessel is inside the Marine Protected Area. |
| (3) | The owner, skipper or operator of a vessel shall not enter or operate a vessel in the Marine Protected Area unless such vessel and any other equipment or contents of such vessel, comply with the safety and other requirements specified in the Merchant Shipping Act, 1951 (Act No. 57 of 1951) for such vessel. |
| (4) | The management authority may in the management plan for the Marine Protected Area or in an internal rule, identify activities, except for those activities listed in section 48A(1) of the Act; which may be restricted, controlled, limited or prohibited and such areas must be indicated by demarcation buoys, demarcation markers or notice boards. |
| (5) | No person may conduct or carry out any activity that is prohibited, or undertake any activity in contravention of any restriction, control, or limitation provided for in terms of sub-regulation (4). |
| (6) | No person may litter or leave any waste including fishing gear, hooks, bait packaging and fishing line within the Marine Protected Area. |
| (7) | No person may place any shark protection, exclusion or repelling device, equipment or infrastructure, including nets, within the Marine Protected Area without a permit from the Minister, which permit may be issued subject to conditions. |
| (8) | No person may except on the authority of the management authority, move, deface or otherwise interfere with any demarcation buoy, demarcation marker or notice-board within the Marine Protected Area. |
| (9) | No person may within the Marine Protected Area be in possession of or have onboard a vessel, any fire-arm, air-gun, explosives or poison. |
| (10) | Sub-regulation (9) shall not apply to, an authorised officer, including an official of any organ of state while performing official duties within the Marine Protected Area. |
| (11) | For purposes of these regulations, explosives or fire-arms do not include the following devices: |
| (a) | a flare gun; |
| (b) | an illuminating rocket flare; |
| (c) | a Department of Transport approved projectile distress flare; |
| (d) | a Department of Transport approved hand-held distress flare; |
| (e) | a Department of Transport approved rocket parachute distress flare; |
| (f) | a Department of Transport approved floating orange smoke distress marker; and |
| (g) | a Department of Transport approved hand-held smoke distress marker. |
