Eastern Cape Parks and Tourism Agency Act, 2010
Act 2 of 2010
- Published in Eastern Cape Provincial Gazette 2409 on 30 June 2010
- Assented to on 17 June 2010
- Commenced on 1 July 2010 by Eastern Cape Parks and Tourism Agency Act, 2010: Commencement
- [This is the version of this document from 30 June 2010 and includes any amendments published up to 28 April 2023.]
1. DefinitionsIn this Act, unless the context otherwise indicates–"Agency" means the Eastern Cape Parks and Tourism Agency established under section 10;"biodiversity" has the same meaning assigned to it in section 1 of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004);"Board" means the Eastern Cape Parks and Tourism Board referred to in section 15;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Department" means the Department responsible for tourism and environmental affairs in the Province;"Eastern Cape Parks Board" means the Eastern Cape Parks Board established under section 6 of the Provincial Parks Board Act (Eastern Cape), 2003 (Act No. 12 of 2003);"Eastern Cape Tourism Board" means the Eastern Cape Tourism Board established under section 3 of the Eastern Cape Tourism Act, 2003 (Act No. 8 of 2003);"Gazette"means the Provincial Gazette of the Province;"HOD" means the Head of the Department;"management" in relation to a protected area, includes the administration, control, development, maintenance and other activities necessary for the protection, rehabilitation, conservation and sustainable use of biodiversity and heritage resources of the area;"management authority" in relation to a protected area, is the management authority contemplated in the Protected Areas Act;"MEC" means the Member of the Executive Council responsible for tourism and environmental matters in the Province;"municipality" means a municipality established under the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);"prescribe" means prescribe by the MEC by regulation in Gazette;"protected area" means-(a)any nature reserve established under section 6 of the Nature and Environmental Conservation Ordinance, 1974, section 27 of the Transkei Environmental Conservation Decree, 1992 (Decree No. 9 of 1992), or the Ciskei Nature Conservation Act, 1987 (Act 10 of 1987) which is, at the time of commencement of this Act, listed as a Provincial park in the register of provincial parks or managed by the Eastern Cape Parks Board in section 33 or section 8(1)(a) read with section 60(1)(d)(iii) of the Provincial Parks Board Act (Eastern Cape), 2003, irrespective of whether the MEC declared such a Provincial park or assigned the management thereof as required in terms of section 33 or 41 of that Act or in terms of the Transkei Environmental Conservation Decree, 1992 or the Ciskei Nature Conservation Act, 1987;(b)a National protected area, a Provincial protected area or a Local protected area as contemplated in section 9 of the Protected Areas Act which is, at the time of commencement of this Act, managed by the Eastern Cape Parks Board as management authority under an assignment made by the Cabinet member responsible for national environmental management or forests or the MEC under section 38(1) or (2) of that Act or managed in terms of an agreement with the organ of state responsible for environmental affairs;(c)any nature reserve established after the commencement of this Act under any applicable provincial legislation and assigned to the Agency by the MEC under the Protected Areas Act;(d)any protected area contemplated in section 9 of the Protected Areas Act and for which the Agency is the management authority under an assignment made by the Cabinet member responsible for national environmental management or the MEC in terms of section 38(1) or (2) of that Act; and(e)any land acquired by the Eastern Cape Parks Board in terms of the Provincial Parks Board Act 2003 and managed as a or part of a protected area, any land assigned to the Eastern Cape Parks Board by any organ of state to manage as a protected area or land that is or will be managed by the Eastern Cape Parks Board or the Agency in terms of an agreement with the owner of that land and which is or becomes listed in the register referred to in section 12(7)(b);"Protected Areas Act" means the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003);"Province" means the Province of the Eastern Cape established by section 103 of the Constitution;"Public Finance Management Act" means the Pubic Finance Management Act, 1999 (Act No. 1 of 1999);"regulation" means a regulation made by the MEC hereunder;"SMME" means a small enterprise defined in section 1 of the National Small Enterprise Act, 1996 (Act No. 102 of 1996);"this Act" includes any regulations made hereunder.
Departmental oversight and executive authority
2. Executive authority
3. Provincial guidelines
4. Investigation and exercise and performance of Departmental power and duty by Agency
6. Delegation by MECThe MEC may delegate any of his or her powers in terms of this Act, excluding the power to make regulations and the power to appoint the members of the Board, to any official of the Department.
7. Declaration of provincial protected areaThe MEC may declare any kind of provincial protected area in accordance with the provisions of the Protected Areas Act and any other applicable provincial legislation and may assign the management of that area to the Agency, if appropriate.
8. Consolidation and expansion of provincial protected areas
9. Extension of period of timeThe MEC may, if reasonable grounds exist, on application for an extension, extend any period of time prescribed in relation to anything provided for in this Act.
Establishment, objective and powers and duties of Agency
10. Establishment of Eastern Cape Parks and Tourism AgencyThe Eastern Gape Parks and Tourism Agency is hereby established as a juristic person.
11. Objects of Agency
12. Powers and duties of Agency relating to protected area management
13. Powers and duties of Agency relating to tourism
14. General powers and duties of BoardThe Board may-
General governance of Agency
15. Role of Board
16. Constitution of Board
17. Nomination procedure
18. Disqualification from appointment to or remaining as member of BoardA person is disqualified from being appointed or remaining a member of the Board if that person-
19. Resignation of member and vacation of office
20. Removal of member of Board, dissolution of Board and appointment of interim Board
21. Appointment of member to vacant seat
22. Disclosure of interest
23. Chairperson and deputy chairperson
24. Term of office
25. Meetings of Board
26. Decisions of Board
27. Duties of Board
28. Executive management and employees
30. Executive committee
31. Delegations by Board
Financial matters and reporting
32. Financial yearThe financial year of the Agency is from 1 April to 31 March.
33. Revenue of AgencyThe revenue of the Agency consist of-
34. Annual budget of Agency
35. Contents of strategic plan
36. Preparation and submission of annual report and financial statements of Agency
37. Quarterly reporting
38. Establishment of Eastern Cape Tourism Development Fund
39. Establishment of Eastern Cape Biodiversity Conservation and Development Fund
40. Allocation and utilisation of the Eastern Cape Tourism Development Fund and the Eastern Cape Biodiversity Conservation and Development Fund
41. Provincial tourism development levy
Registration of tourist amenities or person conducting or operating tourist services
42. Register of tourist amenities and tourist services in the Province
43. Registration of tourist amenity and tourist service in the Province
44. Application for registration as tourist amenity or tourist service-
45. Powers of Agency in relation to registration
46. Certificate of registration
47. Publication of list of registered tourist amenities and tourist servicesThe Agency must publish periodically, in such manner as it may determine, a list and particulars of registered tourist amenities and tourist services together with particulars of such tourist amenities and tourist services.
48. Cancellation of registration of tourist amenity and tourist service
49. Period of validity of registration and renewal
50. Appeal against decision of Agency
Inspectors, environmental officers, environmental management inspectors, compliance officers and inspection of premises
51. Appointment or designation of inspector, environmental officer, environmental management inspector and compliance officer
52. Powers and duties of environmental officer, environmental management inspector, compliance officer and inspector
53. Entry with warrant
54. Entry with permission
55. Resistance against entry or inspection
56. Inspector may be accompaniedAn inspector may be accompanied during an inspection by a member of the South African Police Services, or any other person reasonably required to assist in conducting the inspection.
57. Duty to produce documentAny person who is in possession of any document relevant to an inspection, must produce it at the request of an inspector.
58. Duty to answer questions and assist inspector
59. Compliance notice
60. Closing of registered and other premisesAn inspector may close down any registered tourist amenity or other premises where-
Offences and penalties
61. General offences
62. Offences relating to Board and AgencyA person is guilty of an offence if that person-
63. Offences regarding inspectionsA person is guilty of an offence if that person-
64. PenaltiesAny person who is convicted of an offence under this Act is liable-
66. Jurisdiction of magistrate's courtA magistrate's court has jurisdiction to impose any punishment provided for in this Act.
67. Dissolution of Eastern Cape Parks Board and the Eastern Cape Tourism BoardFrom the date of commencement of this Act, the Eastern Cape Parks Board and the Eastern Cape Tourism Board are hereby abolished and the Boards appointed in terms of the Provincial Parks Board Act (Eastern Cape), 2003, and the Eastern Cape Tourism Act, 2003 are hereby dissolved.
68. Legal successor
69. Interim Board
70. Acting chief executive officer
71. Legal proceedings and internal proceedings and investigations
72. Management of protected areasThe management of the protected areas that the Eastern Cape Parks Board has identified as Provincial parks in its jurisdiction and which the Eastern Cape Parks Board manages in terms of the Provincial Parks Board Act (Eastern Cape), 2003, is hereby assigned to the Agency irrespective of the fact that the MEC may not have duly assigned those provincial parks to the Eastern Cape Parks Board in terms of that Act and the Agency is the management authority of those protected areas for purposes of section 38(2) of the Protected Areas Act.
73. Financial, administrative and other records of Eastern Cape Parks Board and Eastern Cape Tourism BoardAll financial, administrative and other records of the Eastern Cape Parks Board and the Eastern Cape Tourism Board must be transferred to the Agency.
74. Employees of Eastern Cape Parks Board and Eastern Cape Tourism Board
75. Continued registration of tour guides, tour operators, couriers, training providers, hotels, other accommodation establishments, conference centres, restaurants and designated tourist amenities
76. Management plansAny management plan submitted by the Eastern Gape Parks Board to the MEC for approval in terms of the Provincial Parks Board Act (Eastern Cape), 2003 and which has -
77. Investigations and law enforcement activitiesAny investigation and law enforcement activity undertaken in terms of the Provincial Parks Board Act (Eastern Cape), 2003, and the Eastern Cape Tourism Act, 2003 is deemed to be undertaken in terms of the provisions of this Act for the purposes of prosecution and findings of the court.
79. Procedural fairnessSubject to the provisions of this Act, where the Agency takes a decision or any other step of an administrative nature under this Act that affects the rights and duties of another person, the Agency must -
80. Repeal of lawsThe Eastern Cape Tourism Act, 2003, and the Provincial Parks Board Act (Eastern Cape), 2003, are hereby repealed.
Short title and commencement
81. Short title and commencement
History of this document
01 July 2010
30 June 2010 this version
17 June 2010
Cited documents 8
- Constitution of the Republic of South Africa, 1996
- Criminal Procedure Act, 1977
- Insolvency Act, 1936
- Local Government: Municipal Structures Act, 1998
- Mental Health Care Act, 2002
- National Environmental Management: Protected Areas Act, 2003
- National Small Enterprise Act, 1996
- Public Finance Management Act, 1999