Eastern Cape Parks and Tourism Agency Act, 2024

Act 3 of 2024

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This Act has not yet come into force.
Jurisdiction
Eastern Cape
Citation
Act 3 of 2024
Date
5 August 2024
Language
English
Type
Act
Publication
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South Africa

Eastern Cape Parks and Tourism Agency Act, 2024

Act 3 of 2024

ACTTo provide for the continuation of the Eastern Cape Parks and Tourism Agency in order to develop and manage protected areas and to promote and facilitate the development of tourism in the Province and to confer powers, functions and duties upon that Agency; to provide for the management thereof by a Board and the appointment of members thereof; to establish the Eastern Cape Tourism Development Fund and the Eastern Cape Biodiversity Conservation and Development Fund; to provide for the registration of certain persons and services involved in tourism; to provide for the collection of registration fees in respect of registered persons and services; to provide for the inspection of premises; to provide for transitional arrangements; and to provide for matters incidental therewith.BE IT ENACTED by the Provincial Legislature of the Province of the Eastern Cape as follows:—

Chapter 1
Definitions and objects of the Act

1. Definitions

In this Act, unless the context otherwise indicates—"Agency" means the Eastern Cape Parks and Tourism Agency referred to in section 30;"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 Board of the Eastern Cape Parks and Tourism Agency referred to in section 13;"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 and Tourism Agency Act, 2010" means the Eastern Cape Parks and Tourism Agency Act, 2010 (Eastern Cape), Act No. 2 of 2010;"Gazette" means the Provincial Gazette of the Province;"HOD" means the Head of the Department;"management" in relation to a protected area, means the "management" as defined in the Protected Areas Act;"management authority" in relation to a protected area means "management authority" as defined in the Protected Areas Act;"MEC" means the Member of the Executive Council of the Province to whom the Premier has assigned 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);"National Environmental Management Act" means the National Environmental Management Act,1998 (Act No. 107 of 1998);"Premier" means the Premier of the Province;"prescribe" means prescribed by Regulation by the MEC in terms of section 6;"protected area" means a protected area as contemplated in section 9 of the Protected Areas Act, including a national protected area, a provincial protected area or a local protected area as defined, or any other land acquired or formally assigned to the Agency which is, at the time of commencement of this Act, managed by the Eastern Cape Parks and Tourism Agency 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 the Protected Areas Act, or managed in terms of an agreement with the organ of state responsible for environmental affairs;"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);"registration fee" means a registration fee as provided in section 55;"regulation" means a regulation made by the MEC in terms of section 6;"SMME" means a small enterprise defined in section 1 of the National Small Enterprise Act, 1996(Act No. 102 of 1996);"this Act" includes regulations made hereunder;"Tourism Act" means the Tourism Act, 2014 (Act No. 3 of 2014) Act; and"tourist service" includes a tourist amenity or facility, tour operator, courier, travel agent, vehicle rental operator, activity operator or a tourism or biodiversity management training provider and a tourist service if that service is a hotel, lodge, guesthouse, bed and breakfast establishment, conference centre or restaurant.

2. Objectives of the Act

The objectives of the Act are to—
(a)provide, within the framework of national legislation, including the National Environmental Management Act, for the declaration and management of protected areas;
(b)provide for co-operative governance in the declaration and management of protected areas;
(c)give effect to a national and provincial system of protected areas in the Province as part of a strategy to manage and conserve its biodiversity;
(d)provide for a representative system of protected areas on state land, private land and communal land;
(e)promote sustainable utilisation of protected areas for the benefit of people in a manner that will preserve the natural ecological character of such areas;
(f)promote participation of local communities in the management of protected areas where appropriate;
(g)promote the participation of local communities in the biodiversity economy;
(h)facilitate efforts towards transformation of the game industry;
(i)promote the practising of responsible tourism, as contemplated in the Tourism Act;
(j)provide for the effective domestic and international marketing of the Province as a tourist destination;
(k)promote and facilitate quality tourism products and services;
(l)promote growth, transformation and development of the tourism sector; and
(m)enhance cooperation and coordination between all spheres of government in developing and managing biodiversity and tourism.

Chapter 2
Departmental oversight and executive authority

3. Executive authority

(1)The MEC is the executive authority for the Agency as contemplated in the Public Finance Management Act.
(2)The MEC—
(a)must appoint members of the Board and determine their remuneration in consultation with the Member of the Executive Council responsible for Finance and in accordance with Treasury regulations;
(b)must appoint the Provincial Registrar for Tourist Guides in terms of and as required by the Tourism Act;
(c)must establish and maintain clear channels of communication between him or her and the Agency;
(d)must monitor and annually review the performance of the Agency;
(e)must, every third year, facilitate the review of the Agency's performance in relation to its objectives by an external evaluation panel, appointed in a manner ensuring transparency and openness, and drawn from the public and the private sector, and comprising at least—
(i)of persons with sound knowledge of and experience in tourism, marketing, conservation management and commercialisation; and
(ii)a person with sound knowledge and experience in public entity management and corporate governance;
(f)may issue directives to the Agency to ensure that it operates effectively and with economic efficiency in achieving the strategic objectives of national and provincial government; and
(g)may, notwithstanding the provisions of this Act, instruct the Agency to rectify any performance matters identified through the review process contemplated in paragraph (d) or (e) within a minimum of 30 days of receipt of a written notice to this effect, and, if the Agency fails to rectify the performance within the stipulated period, the Department may instruct the Agency to relinquish the function to the Department who must then exercise and perform that function on behalf of the Agency.

4. Provincial guidelines

(1)The MEC may issue guidelines on matters applicable to the tourism and biodiversity management sectors, which are consistent with the objects of this Act, the Tourism Act, and related legislation in relation to—
(a)mechanisms to promote the participation of previously disadvantaged individuals, communities or SMMEs in the tourism and environmental management sectors;
(b)the promotion of service provision by the Agency;
(c)guidelines for the determination of fees and registration fees by the Board;
(d)the application of new technologies; or
(e)any other policy which may be necessary for the application of this Act or related legislation.
(2)The Agency, in exercising its powers and performing its duties in terms of this Act, the Tourism Act, the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003) and related legislation, must consider guidelines issued by the MEC in terms of subsection (1).

5. Investigation, exercise and performance of departmental power and duty by Agency

The MEC may—
(a)after consultation with the Agency and consideration of the availability of resources, request the Agency to investigate any matter pertaining to biodiversity management or tourism as he or she considers necessary;
(b)after consultation with the Agency and consideration of the availability of resources, request the Agency to exercise or perform a power or duty of the Department or other organ of state pertaining to tourism or biodiversity management on behalf of the Department or organ of state; or
(c)investigate the affairs or financial position of the Agency.

6. Regulations

(1)The MEC may, by notice in the Gazette, make regulations consistent with this Act regarding—
(a)any matter that is required or permitted to be prescribed in terms of this Act;
(b)a code of conduct for members of the Board;
(c)any matter relating to the functioning of the Agency or the Board that is necessary to ensure the Agency's efficiency or to promote good order; or
(d)any ancillary or incidental administrative or procedural matter that is necessary to prescribe for the proper implementation or administration of this Act.
(2)Before the MEC makes any regulation under this section, he or she must publish a draft of the proposed regulation in the Gazette, together with a notice calling on interested persons to comment in writing, within a period stated in the notice, which period may not be less than 30 days from the date of publication of the notice.
(3)If the MEC alters the draft regulations as a result of any comment received, he or she need not publish those alterations before making the regulations.

7. Delegation by MEC

The MEC may delegate any of his or her powers in terms of this Act, excluding the power to make regulations and guidelines and the power to appoint the members of the Board, to any official of the Department.

8. Declaration of provincial protected area

The 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.

9. Regulation and restrictions of activities in, and control of access to, provincial protected areas

The MEC must regulate and restrict activities in provincial protected areas, including the control of access to these areas as contemplated in section 49(b) of the Protected Areas Act.

10. Consolidation and expansion of provincial protected areas

(1)The MEC may request the Premier, for purposes of consolidating and expanding the provincial protected area system, to acquire land with the concurrence of the Executive Council and in accordance with the provisions of the Eastern Cape Land Disposal Act (Act No. 7 of 2000), enter into an agreement with an owner of land, and assign public or state land in accordance with the provisions of the Eastern Cape Land Disposal Act, 2000 (Act No. 7 of 2000).
(2)The MEC may request the Premier, acting with the concurrence of the Executive Council, and in accordance with the provisions of the Eastern Cape Land Disposal Act, 2000 (Act No. 7 of 2000), to acquire private land, or any right in or to private land, which has been or is proposed to be declared as a protected area, by—
(a)purchasing the land or right; or
(b)exchanging land for other land.
(3)The MEC may, in the prescribed manner, conclude an agreement with any owner of land for purposes of jointly undertaking biodiversity management on that land.
(4)The MEC may assign the management of any public or state land from a provincial department or other provincial organ of state, in consultation with that provincial department or other provincial organ of state, to the Agency.

11. Extension of period of time

The MEC may on application for an extension, if reasonable grounds exist, extend any period of time determined in relation to anything provided for in this Act.

Chapter 3
General governance of Agency

12. Role of Board

(1)The Agency is managed by a Board that—
(a)gives strategic direction to the Agency;
(b)is responsible for the performance of the Agency;
(c)is accountable to the MEC for the performance of the Agency; and
(d)is supported by a Chief Executive Officer and other employees.
(2)The Agency communicates with the MEC through the chairperson of the Board.

13. Constitution of Board

(1)The Board consists of not less than seven and not more than nine members, appointed by the MEC from applications and nominations received as contemplated in section 14.
(2)The composition of the Board must have the following mix of skills and experience:
(a)an official employed by the Department to serve as an ex officio member;
(b)tourism marketing, tourism development, biodiversity conservation and management; business and financial management, legal expertise, Corporate Services; and
(c)one representative of the community nominated by the People and Parks Forum in the Province, or a similar provincial forum or organisation.
(3)The Board must be broadly representative of the population of the Province.

14. Nomination procedure

(1)The MEC must, at least 90 days before the expiry of every term of office of the members of the Board, invite applications or nominations for persons to be appointed to the ensuing term of office of the Board by an advertisement in two leading newspapers in the Province.
(2)The invitation for applications or nominations referred to in subsection (1) must provide for the applications or nominations to be submitted within 30 days from the date of the advertisement.
(3)Any application or nomination made pursuant to a notice or an advertisement in terms of subsection (1) must be made in the form determined by the MEC and be accompanied by—
(a)the personal details of the applicant or nominee;
(b)particulars of the applicant's or nominee's qualifications or experience in the matters listed in section 13(2);
(c)in the case of a nomination, a letter of acceptance of nomination by the nominee;
(d)a sworn declaration by the applicant or nominee that he or she is not disqualified in terms of section 15;
(e)a disclosure of the information contemplated in section 19; and
(f)permission by the applicant or nominee to verify the information provided by him or her.
(4)The MEC must, within 30 days from the expiry of the date specified in the notice and the advertisement, evaluate the applications and nominations received by him or her, and appoint the members of the Board for the ensuing term of office of the Board.
(5)When evaluating the nominations, the MEC must take into consideration—
(a)the applicant's or nominee's knowledge and experience of the matters referred to in section 13(2);
(b)the need for appointing persons disadvantaged by unfair discrimination;
(c)the geographic spread in the Province;
(d)the need to ensure that the Board is composed of persons covering a broad range of appropriate experience and expertise; and
(e)the Agency's objectives.
(6)If insufficient, unsuitable or no applications and nominations are received within the period specified in the invitations or the notice, the MEC may, appoint to the Board, the required number of persons who, but for the fact that they did not apply or were not nominated in terms of the procedure contemplated in this section, qualify to be appointed in terms of this Act.
(7)The appointment by the MEC in terms of subsection (6), must be made in accordance with subsection (5).
(8)The MEC must, as soon as practicable after the appointment of the members of the Board, publish by notice in the Gazette—
(a)the name of every person appointed;
(b)the date from which the appointment takes effect; and
(c)the term of office referred to in section 21.

15. Disqualification from appointment to or remaining as member of Board

A person is disqualified from being appointed or remaining a member of the Board if that person—
(a)is or becomes a Member of the National Assembly or National Council of Provinces, any provincial legislature or municipality, or is in the full-time employ of an organ of state with the exception of the representative of the Department contemplated in section 13(2);
(b)is not a South African citizen or a permanent resident who is ordinarily resident in the Republic;
(c)is or becomes subject to a final order of court whereby his or her estate is sequestrated under the Insolvency Act, 1936 (Act No. 24 of 1936), or if his or her estate is sequestrated in terms of the laws of any other country or territory by a competent court or agency of such country or territory, or if he or she has assigned his or her estate for the benefit of his or her creditors;
(d)is declared by the High Court to be of unsound mind or suffers from a mental illness, or has a severe or profound intellectual disability as contemplated in the Mental Health Care Act, 2002 (Act No. 17 of 2002);
(e)has been convicted, whether in the Republic or elsewhere, of theft, fraud, forgery or uttering a forged document, perjury, or any offence involving dishonesty, or of any offence in terms of the Prevention of Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 1992 (Act No. 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or the Companies Act, 1973 (Act No. 61 of 1973), or of contravening this Act, and sentenced to imprisonment irrespective of whether such imprisonment was wholly or partly suspended or not;
(f)has been convicted of an offence, other than an offence contemplated in paragraph (e), and sentenced to imprisonment without the option of a fine for a period of not less than three months, irrespective of whether such imprisonment was wholly or partly suspended or not;
(g)without authorisation discloses or improperly acts on information gained as a result of his or her membership of the Board; or
(h)fails to disclose an interest as contemplated in section 19(1).

16. Resignation of member and vacation of office

(1)A member of the Board may at any time resign from the Board by giving one month's written notice tendered to the chairperson who must immediately inform the MEC, the Board and the Chief Executive Officer accordingly.
(2)A member of the Board who resigns as contemplated in subsection (1) must vacate his or her office at the end of the notice period contemplated therein.
(3)A member of the Board ceases to be a member and must vacate his or her office with immediate effect if he or she—
(a)is no longer eligible in terms of section 15 to be a member; or
(b)is removed from office by the MEC in terms of section 17.

17. Removal of member of Board, dissolution of Board and appointment of interim Board

(1)The MEC may, after due inquiry, or on recommendation of the Board after due enquiry, remove, with immediate effect, a member of the Board from office on account of any or all of the following:
(a)misconduct;
(b)inability to perform the duties of his or her office efficiently;
(c)absence from three consecutive meetings of the Board without the permission of the Board, except on good cause shown; or
(d)failure to disclose an interest in terms of section 19, or voting or attendance at, or participation in, proceedings of the Board while having an interest contemplated in section 19.
(2)The MEC may, after due inquiry, dissolve the Board with immediate effect, if it fails in any or all of the following:
(a)discharging its fiduciary duties;
(b)achieving its objectives in terms of this Act; or
(c)carrying out its duties.
(3)Upon the dissolution of the Board contemplated in subsection (2), the MEC must appoint an interim Board consisting of not less than seven and not more than nine members, and he or she does not have to follow the nomination and appointment procedure contemplated in section 14.
(4)The MEC must appoint the interim Board within 30 days after the dissolution of the Board, and the term of office of the interim Board is a period not exceeding six months.
(5)The MEC may only appoint the Board or the interim Board or dissolve the Board after consultation with the Portfolio Committee of the Legislature responsible for parks and tourism in the Province.
(6)The MEC must appoint the chairperson and deputy chairperson of the interim Board.
(7)The provisions of this Act regarding the Board apply to the interim Board.

18. Appointment of member to vacant seat

(1)When a seat on the Board becomes vacant as a result of any action referred to in section 16, or if a Board member dies before his or her term of office expires, the Board must, as soon as is practicable after the seat becomes vacant, notify the MEC that the seat has become vacant.
(2)The MEC must, as soon as is practicable after the receipt of the notification from the Board, appoint to the Board, the required number of persons who qualify to be appointed to fill the vacant seat.
(3)The MEC must, as soon as is practicable after the appointment of the member to the vacant seat on the Board, publish by notice in the Gazette—
(a)the name of the person appointed;
(b)the date from which the appointment takes effect; and
(c)the period for which the appointment is made as contemplated in subsection (4).
(4)The person who is appointed to the vacant seat on the Board fills the vacancy for the unexpired portion of the period of office of the vacating member.

19. Disclosure of interest

(1)A person may only be appointed to the Board if he or she has made the following disclosure:
(a)whether, directly or indirectly, personally or through his or her spouse, partner or associate, he or she has an interest in the tourism or biodiversity conservation industry, and has stipulated the nature and extent of that interest; or
(b)whether his or her spouse, partner or associate holds an office in, or is employed by, any company, organisation or other body, whether corporate or incorporate, which has a direct or indirect financial interest of the nature contemplated in paragraph (a).
(2)If at any stage during any proceedings before the Board, it appears that any Board member has or may have an interest which may cause a conflict of interest—
(a)that Board member must forthwith fully disclose the nature of his or her interest and leave the meeting to enable the remaining Board members to discuss the matter and determine whether that Board member is precluded from participating in that meeting by reason of a conflict of interest; and
(b)the disclosure of interest by that member and the decision taken by the remaining Board members regarding the matter must be recorded in the minutes of the meeting in question.
(3)If any Board member fails to disclose any interest as required by subsection (2) or, subject to the provisions of that subsection, he or she is present at the venue where a meeting of the Board is held, or in any manner whatsoever participates in the proceedings of the Board, the relevant proceedings of the Board will be null and void.

20. Chairperson and deputy chairperson

(1)The MEC must appoint a chairperson and a deputy chairperson for every newly constituted Board.
(2)The deputy chairperson must, if the chairperson is for any reason unable to perform and exercise his or her functions and powers, perform all the functions and may exercise all the powers.
(3)If both the chairperson and the deputy chairperson are for any reason unable to preside at a Board meeting, the members present must elect one of the members to preside at that meeting and the person elected may perform all the functions and exercise all the powers of the chairperson.
(4)If the chairperson or deputy chairperson has vacated office, the MEC must appoint a chairperson or deputy chairperson from the Board members for the remaining term of office of the Board.

21. Term of office

(1)A Board member holds office for a period of three years calculated from the date that his or her appointment takes effect with the exclusion of those specified under section 18(4) and may be eligible for re-appointment for one additional term not exceeding three years.
(2)Despite subsection (1), the MEC may, by notice in the Gazette, after consultation with the Board, extend the term of office of all the Board members for a period of six months, but he or she may only extend the term of office of the Board twice.
(3)Despite the duration of office referred to in subsection (1), Board members continue in office until the succeeding Board is duly constituted by the MEC.

22. Meetings of Board

(1)The MEC must, as soon as is practicable after the appointment of the Board for the first term of office, determine the time and place of its first meeting.
(2)The Board must determine the time and place of any future meetings for the first and subsequent terms of office of the Board.
(3)The Board meets as often as circumstances require, but at least four times in every financial year.
(4)A majority of Board members constitutes a quorum at a meeting.
(5)Every Board member, including the chairperson, has one vote and, in the event of an equality of votes, the chairperson of the meeting has a casting vote in addition to his or her deliberative vote.
(6)Subject to the approval of the Board, any person who is not a Board member may attend or take part, but may not vote, in a meeting of the Board.
(7)The Board must adopt governance rules, which provide for the conduct of proceedings at meetings and recording of the proceedings, including the governance rules for special meetings.

23. Decisions of Board

(1)A decision of the majority of Board members present at any duly constituted meeting constitutes a decision of the Board.
(2)No decision taken by the Board or act performed under the authority of the Board is invalid only by reason of—
(a)a vacancy on the Board at the time the decision was taken or the act was authorised; or
(b)the fact that any person who was not entitled to sit as a Board member, participated in the meeting at the time the decision was taken or the act was authorised, if the members who were present at the time followed the required procedure for decisions.

24. Duties of Board

(1)In addition to the duties and responsibilities as accounting authority of the Agency provided for in the Public Finance Management Act, the Board must—
(a)provide effective, transparent and accountable corporate governance and conduct effective oversight of the affairs of the Agency by adopting governance rules in accordance with subsection (2);
(b)comply with all applicable legislation and agreements; and
(c)at all times act in accordance with the code of conduct for members of the Board as may be prescribed by the MEC.
(2)The Board must adopt governance rules that substantially comply with the principles of good governance for a public entity and which provide for at least the following—
(a)the role and meetings of the Board;
(b)the role of the chairperson of the Board;
(c)performance assessment of Board members;
(d)the role of the Chief Executive Officer;
(e)performance assessment of the Chief Executive Officer;
(f)the composition and procedures for and conduct of meetings of committees of the Board;
(g)the financial management of the Agency as contemplated in the Public Finance Management Act;
(h)a procurement policy and;
(i)a remuneration policy for employees of the Agency, developed in consultationwith the MEC and the MEC responsible for Finance in the Province.

25. Executive management and employees

(1)The Board must—
(a)appoint a Chief Executive Officer;
(b)determine the period of office of the Chief Executive Officer, provided that the period may not exceed five years; and
(c)determine the conditions of appointment of the Chief Executive Officer.
(2)The Chief Executive Officer must enter into a performance agreement with the Board on acceptance of his or her appointment, and he or she is accountable to the Board.
(3)The Chief Executive Officer is the head of the Agency's administration and, subject to directives from the Board, the functions of the Chief Executive Officer are, amongst others, to—
(a)manage the affairs of the Agency;
(b)implement the policies and decisions of the Board;
(c)manage and recruit employees to perform the work necessary to achieve the objects of the Agency; and
(d)develop efficient, transparent, and cost-effective administrative systems.
(4)The Agency must determine the conditions of service for its employees, including remuneration which must be determined in accordance with the remuneration policy referred to in section 24(2)(i).
(5)The Chief Executive Officer may, in accordance with section 29(1)(c), delegate any original or delegated duty or power to any employee appointed in terms of subsection (3)(c).

26. Committees

(1)The Board may, subject to subsection (2), establish any committee to assist it in the performance of its functions and appoint members to that committee, and it may at any time dissolve or reconstitute any such committee.
(2)The Board may co-opt any person outside the Board to assist on any of its committees if the person concerned has specific expertise, provided that he or she doesnot have voting rights.
(3)The Board must, at least, establish the following permanent committees:
(a)an executive committee;
(b)an audit committee;
(c)a remuneration committee; and
(d)a disciplinary appeals committee.
(4)The Board must determine, subject to any applicable legislation, the number of members and the terms of reference of each committee.
(5)The Board may appoint to any of its committees people who are not members of the Board, provided that they will serve in an advisory capacity and have no voting rights.
(6)The Board may summarily terminate the membership of a member of a committee if—
(a)the performance by the member of the powers and functions of that committee is unsatisfactory;
(b)the member, either through illness or for any other reason, is unable to perform the functions of the committee effectively; or
(c)the member has failed to comply with or breached any legislation regulating the conduct of members.
(7)If the Board does not designate a chairperson for a committee, the committee may elect a chairperson from among its members.

27. Executive committee

(1)The executive committee established in terms of section 26(3)(a) consists of the chairperson of the Board who must act as chairperson of the executive committee, one other member of the Board elected by the Board, the Chief Executive Officer, and any other appropriate executive manager of the Agency.
(2)The purpose of the Executive Committee is to oversee the activities of the Agency in order to ensure that the strategic decisions of the Board are implemented effectively and timeously, and that the Agency complies with the provisions of this Act, the Public Finance Management Act and any other applicable law.

28. General powers and duties of the Board

The Board may—
(a)in consultation with the MEC, determine the staff establishment of the Agency, appoint the Chief Executive Officer, including the secretariat to the Provincial Registrar for Tourist Guides contemplated in the Tourism Act;
(b)obtain, by agreement, the services of any person, including any organ of state, for the performance of any specific act, task or assignment;
(c)in consultation with the MEC and in terms of the Eastern Cape Land Disposal Act 2000,(Act No. 7 of 2000) acquire or dispose of any right in or to immovable property;
(d)in consultation with the MEC acquire or dispose of any right in or to movable property and hire or let any property;
(e)open and operate a bank account;
(f)invest any funds of the Agency, subject to the Public Finance Management Act;
(g)borrow money, subject to the Public Finance Management Act;
(h)charge fees for any work performed or services rendered by it, or collect royalties resulting from any discoveries, inventions or computer programmes;
(i)insure against—
(i)any loss, damage or risk; or
(ii)any liability it may incur in the application of this Act;
(j)insure members of the Board and staff members in respect of bodily injury, disablement or death resulting solely and directly from an accident occurring in the course of the performance of their duties; and
(k)perform legal acts, including acts in association with or on behalf of any other person or organ of state.

29. Delegations by the Board

(1)The Board must develop a system of delegation to maximise administrative and operational efficiency and provide for adequate checks and balances, and in accordance with that system, may—
(a)in writing delegate appropriate powers, excluding the power to establish a committee, prescribe governance rules for a committee and appropriating funds to a committee, the Chief Executive Officer, a member of the Board or an employee of the Agency;
(b)assign the performance of any of its functions to a committee, the Chief Executive Officer, a member of the Board, executive manager or an employee of the Agency; and
(c)approve the delegation and assignment of any of the powers or functions delegated or assigned to the Chief Executive Officer by the Board, or granted to him or her under this Act, to any employee of the Agency.
(2)A delegation or assignment in terms of subsection (1)—
(a)is subject to such limitations and conditions as the Board may impose;
(b)may authorise sub-delegation; or
(c)does not divest the Board or the Chief Executive Officer in the event of a delegation or assignment in terms of subsection (1)(c) of the delegated power or function.

Chapter 4
Establishment and objectives of Agency

30. Establishment of the Eastern Cape Parks and Tourism Agency

The continuation of the Eastern Cape Parks and Tourism Agency as a juristic person is hereby confirmed.

31. Objects of the Agency

(1)The objects of the Agency are to—
(a)attain the objects of this Act;
(b)manage biodiversity in protected areas located in the Province;
(c)manage tourism in the Province;
(d)ensure the effective implementation of its biodiversity management and tourism and powers and duties granted in terms of this Act and any other law; and
(e)ensure excellence in the business and resource management of the Agency.
(2)In pursuing its objects, the Agency must, amongst others—
(a)facilitate strategic leadership in biodiversity management and tourism through the development of the necessary strategic perspectives;
(b)contribute to other strategic frameworks of government to ensure intergovernmental coordination and focused financial and natural resource utilisation;
(c)promote innovation and best practice in relation to biodiversity management and tourism;
(d)provide for effective biodiversity management in the protected areas in accordance with, amongst others, applicable national legislation;
(e)optimise the linkages between biodiversity management and the socio-economic benefits to be derived therefrom;
(f)undertake infrastructure management in the protected areas;
(g)market, promote and develop tourism in the Province;
(h)promote socio-economic growth and transformation within the biodiversity management sector and tourism industry, thereby creating economic and employment opportunities for previously disadvantaged individuals and local communities in the Province;
(i)facilitate the promotion of investment in the biodiversity management sector and tourism industry; and
(j)adhere to the good corporate governance principles and resource management requirements contemplated in this Act, the Public Finance Management Act and other applicable laws.
(3)In achieving its objects, the Agency must endeavour to—
(a)progressively increase its own revenue generation and collection; and
(b)maintain a system of internal policies, planning and decision making which integrate the objectives and functions relating to biodiversity management and tourism towards development, and in accordance with the national and provincial strategic objectives.

Chapter 5
Protected areas

32. Management authority of protected areas

The Agency is the management authority of protected areas of which the management is assigned to as contemplated in section 38(2) of the Protected Areas Act.

33. Powers and duties of Agency relating to protected area management

(1)The Agency is responsible for biodiversity conservation through the effective management of the protected areas in accordance with applicable national and provincial environmental legislation.
(2)The Agency, in addition to any other power or duty provided for in this Act or applicable national and provincial legislation, must, amongst others—
(a)control, manage and maintain the protected areas so as to exercise supervision and control of the protected areas;
(b)manage and maintain any infrastructure, or works and facilities in the protected area;
(c)conduct research and ecological monitoring to support protected area management and expansion;
(d)manage and facilitate external research activities;
(e)take the necessary steps to ensure the security of visitors and animal and plantlife in the protected area;
(f)take the necessary steps to ensure appropriate ecological management of the protected area;
(g)perform the duties and functions required of a management authority of a protected area in terms of the relevant national legislation;
(h)in addition to the management plans required in terms of the Protected Areas Act, prepare and submit to the MEC, in the prescribed manner, for his or her approval, management plans for those protected areas referred to in sections 13, 14, 15 and 16 of the Protected Areas Act that are not part of a nature reserveas contemplated in that Act;
(i)lead and facilitate the development of public private partnerships and community public private partnerships as part of the management processes and eco-tourism development in the protected areas;
(j)undertake investigative and law enforcement activities in the protected areas;
(k)manage and control the numbers and spread of alien and invasive species and of damage-causing animals in the protected areas; and
(l)participate in relevant public participation programmes to consolidate and expand the protected area system.
(3)The Agency may in a protected area assigned to it—
(a)subject to the applicable environmental permits and authorisations, construct or erectany infrastructure, other works and facilities in accordance with its management plan;
(b)sell, exchange or donate any animal, plant or other organism occurring in a protected area, or purchase, exchange or otherwise acquire any indigenous species which it may consider desirable to reintroduce into a specific protected area, subject to the required authorisations and permits;
(c)by agreement with—
(i)a municipality, provide any service in a park which that municipality may or must provide in terms of legislation; or
(ii)any other organ of state, perform a function in a park which that organ of statemay or must perform in terms of legislation; or
(d)perform such other functions as may be prescribed; or;
(e)exercise the powers granted to a management authority in terms of the relevant national legislation.
(4)The Agency may make recommendations to the MEC regarding any matter relating to a protected area, including land use and the expansion of a protected area.
(5)Notwithstanding the provisions of subsections (1) and (2), the Agency may, outside the protected areas—
(a)carry out research and other scientific activities to guide and inform biodiversity management and protected area expansion in the Province;
(b)develop biodiversity stewardship programmes in the prescribed manner and enter into agreements with landowners and the MEC;
(c)participate in relevant public participation programmes to increase the protected area system throughout the Province and facilitate the co-management in the areas adjacent to, and beyond the boundaries of, the protected areas;
(d)undertake investigative and law enforcement activities if the activities relate to offences or infringements committed within the protected areas; or
(e)take any action it considers necessary to manage and control the numbers and spread of alien and invasive species and problem animals that could impact on the protected areas.
(6)The Agency must, subject to subsection (7), prior to the exercise or performance of any power or function referred to in subsection (5), inform the Department of its intention to undertake the activities referred to in subsection (5)(d) and the Department may, in agreement with the Agency, participate in any of the activities referred to therein.
(7)Notwithstanding the provisions of subsection (6), the Agency may, in an emergency, undertake the activities referred to in subsection (5)(d) without informing the Department of its intention to do so, but must as soon as practicable inform the Department thereof.
(8)In order to effectively exercise and perform its powers and duties as contemplated in this section, the Agency must, amongst others—
(a)develop and maintain appropriate research and information management systems; and
(b)develop and submit to the MEC, within 24 months from the date of commencement of this Act, a register identifying all the protected areas that the Agency managed when this Act commenced and any other protected area assigned to the Agency after commencement of this Act in terms of the applicable national and provincial legislation, together with a description of the land, and must maintain and annually update the register.

34. Functions of the Agency in relation to protected areas

(1)The Agency must—
(a)manage all protected areas assigned to it by the MEC in accordance with this Act and any specific environmental management acts referred to in the National Environmental Management Act;
(b)manage world heritage sites assigned to it by the MEC or the Minister in accordance with all national cultural heritage legislation as may be applicable to and required for proper management and protection of such world heritage sites: provided that the Agency's authority to enforce such legislation is provided for in a written instrument of delegation issued by the Minister or MEC to this effect under and in terms of such legislation;
(c)on the MEC's request, advise the MEC on any matter concerning—
(i)the conservation and management of biodiversity; and
(ii)proposed protected areas and additions to or exclusions from existing protected areas.
(2)The Agency may in a protected area assigned to it—
(a)control, remove or eradicate any species or specimens of species which it considers undesirable to protect and conserve in a protected area, or that may negatively impacton the biodiversity of the protected area;
(b)carry out any development and construct or erect any works necessary in terms of the management plans of a protected area, subject to the required authorisations and permits; and
(c)manage and control access to all protected areas in accordance with the provisions of the Protected Areas Act.
(3)Subsection (2) applies to other protected areas managed by the Agency, and the powers contained in that subsection may be exercised by it to the extent that those powers are consistent with the purpose for which any such area was declared as a protected area.

Chapter 6
Tourism

35. Tourism responsibility

(1)The Agency must facilitate and promote a sustainable tourism economy in the Province, with domestic and international components, based on innovation, service excellence, meaningful participation and partnerships.
(2)The Agency must develop and implement a tourism strategy based on the Eastern Cape Tourism Master Plan of the Department.

36. Powers and duties of Agency relating to tourism

(1)The Agency is responsible for the marketing, promotion and development of responsible tourism in the Province and the transformation of the tourism industry in accordance with the Tourism Act.
(2)The Agency, in addition to any other power or function provided for in this Act, must—
(a)market the Province as a preferred destination for international, regional and domestic tourists by, amongst others—
(i)developing and implementing marketing strategies that target international, regional and domestic tourists; and
(ii)participating in tourism marketing initiatives and strategies of the Department or other organs of state;
(b)promote tourism in the Province by, amongst others—
(i)advertising or promoting the tourist attractions of the Province, including the tourism products in its protected areas, in any manner it deems fit;
(ii)producing, publishing, printing and selling, and by circulating and distributing, with or without charge, travel or tourist books or guides, maps, posters, placards, brochures, pamphlets and publications of any nature calculated to be useful to tourists within the Province, or otherwise calculated to promote the achievement of its objects, whether directly or indirectly; and
(iii)producing and distributing, with or without charge, motion pictures, photographs or other pictorial material (including video and digital material), and by sponsoring, arranging or organising displays, broadcasts, telecasts, talks and public lectures relating to the tourism industry within the Province;
(c)develop tourism in the Province by, amongst others—
(i)identifying tourism development opportunities and implementing appropriate initiatives and programmes to exploit it;
(ii)implementing effective measures to facilitate the enhancement of the level of standards of tourism products and services being offered in the Province;
(iii)identifying tourism training needs and facilitating tourism training initiatives;
(iv)assisting with and participating in the development and implementation of a national system of standards, classification and grading for tourist accommodation, establishments, products and services; and
(v)facilitating tourism investment and potential tourism investment opportunities in the Eastern Cape in cooperation with organs of state or entities responsible for investment promotion or promoting investment in the Province; and
(d)facilitate the transformation of the tourism industry by creating opportunities for the participation of previously disadvantaged individuals in mainstream tourism services in protected areas.
(3)In order to effectively exercise and perform its powers and duties as contemplated in this section, the Agency must, amongst others—
(a)develop and maintain appropriate research and information management systems for the purposes of tracking tourism activity and its economic contribution in the Province;
(b)develop and maintain a database of all tourism attractions, facilities, infrastructure, services, natural and cultural attractions and their location in the Province;
(c)provide the secretariat for the Provincial Registrar of Tourist Guides who is appointed by the MEC in terms of the Tourism Act; and
(d)register any tourist service and person conducting or operating a tourist serviceas contemplated in chapter 6.

37. Registration as tourist service

(1)Any tourist service, or person who conducts or operates a tourist service, or person who intends to conduct or operate a tourist service, must apply to the Agency for the registration of the tourist service.
(2)An application referred to in subsection (1) must be made in the manner prescribed and accompanied by—
(a)the fee determined by the MEC in terms of guidelines issued in terms of section 4;
(b)any plans, documents and other information or particulars relating to the tourist service; or
(c)any additional documentation or information that may be required by the Agency.
(3)The requirements which are to be complied with before any tourist service may be registered shall be those prescribed by the MEC in terms of section 6.

38. Register of tourist services in the Province

(1)In addition to the register of tourist guides required to be kept by the Tourism Act, the Agency may develop and maintain a register of persons conducting or operating a tourist service in the Province.
(2)For the purposes of this chapter, a person is conducting or operating a tourist service if such person delivers a service, or a product as defined in this Act.
(3)The Agency may, in consultation with the MEC, by notice in the Gazette designate any other type of service as a tourist service for purposes of this Act.

39. Powers of Agency in relation to registration as tourist service

(1)The Agency may, if in its opinion, the requirements for the registration of a tourist service—
(a)have been or will be complied with, register the tourist service, or intended tourist service; or
(b)have not been complied with or will not be complied with, refuse to register the tourist service, or intended tourist service.
(2)Before registering a tourist service, the Agency—
(a)must inspect the tourist service or cause it to be inspected; or
(b)may conduct further investigation regarding the tourist service.

40. Certificate of registration of tourist service

(1)The Agency must issue to the tourist service or person conducting or operating the tourist service, a certificate of registration in the prescribed form.
(2)If any tourist service or person conducting or operating the tourist service ceases to be registered, or if any person ceases to conduct or operate a tourist service, that tourist service or person must forthwith return the certificate of registration to the Agency.

41. Publication of list of registered tourist services

The Agency must publish periodically, in such manner as it may determine, a list and particulars of registered tourist services together with particulars of such tourist services.

42. Cancellation of registration of tourist service

(1)The Agency may, if a registration requirement of a tourist service or a person conducting or operating a tourist service has not been complied with, give notice to that tourist service or person to satisfy that requirement within three months from the date of notice, failing which the Agency may withdraw the registration.
(2)The Agency may, if it considers it necessary, extend the period referred to in subsection (1).
(3)The person conducting or operating the tourist service in respect of which or to whom a notice has been given, may, before the lapse of the period of three months or any period so extended, make representations in writing to the Agency regarding the proposed withdrawal of the registration of the tourist service.
(4)If, upon the lapse of the period of three months or extended period, the Agency considers that the requirement concerned has not been compiled with, the Agency may withdraw the registration and must give notice thereof to the person conducting or operating the tourist service.

43. Period of validity of registration and renewal as a tourist service

(1)Registration in terms of this Act is valid for a period of three years calculated from the date of issue of the registration certificate.
(2)The person conducting or operating the tourist service must, at least 60 days before the expiry of the registration, apply to the Agency for the renewal of the registration.
(3)An application referred to in subsection (2) must be—
(a)made in the manner prescribed; and
(b)accompanied by the renewal fee determined by the MEC in terms of guidelines issued in terms of section 4.
(4)The Agency may, before renewing the registration of a tourist service—
(a)inspect the tourist service or cause it to be inspected; or
(b)conduct further investigation regarding the tourist service.

44. Appeal against the decision of the Agency

(1)Any person who is aggrieved by any decision of the Agency regarding—
(a)refusal of an application for registration as a tourist service;
(b)withdrawal of any registration as a tourist service; or
(c)cancellation of any registration as a tourist service, may, in the prescribed manner, appeal to the MEC.
(2)The MEC may require the Agency to furnish him or her with the written reasons for its decision and a record of the proceedings.
(3)When an appeal is noted—
(a)the decision of the Agency must be suspended until the appeal is finalised; or
(b)against the refusal to renew any registration, the MEC may extend the validity of such registration until the appeal is finalised.
(4)The MEC must, after considering the representation and reasons furnished by the Agency for its decision—
(a)uphold the decision of the Agency; or
(b)set aside such decision.
(5)If the MEC decides to set the decision aside, he or she must substitute it with a proper decision.
(6)The decision of the MEC is final, subject however, to the aggrieved person's right of recourse at a court of law.

45. Registration of a tourist guide in the Province

(1)Any person who wishes to operate or provide a service as a tourist guide must apply to the Provincial Registrar of Tourist Guides as required by and contemplated in the Tourism Act.
(2)An applicant to be registered as a tourist guide must—
(a)submit an application form as provided for in the Tourism Act;
(b)pay the application fee as determined in terms of the Tourism Act;
(c)submit proof of competence as required by and contemplated in the Tourism Act.
(3)The Provincial Registrar of Tourist Guides must ensure that the applicant complies with all the requirements as contemplated in the Tourism Act.
(4)The Provincial Registrar of Tourist Guides must consider the application as the Tourism Act and register the applicant as a tourist guide, or refuse to register the applicant, subject to the requirements of the Tourism Act.

46. Period of registration and renewal of registration as a tourist guide

(1)The registration as a tourist guide is valid for the period contemplated in the Tourism Act.
(2)If the person applies for the renewal of his or her registration, his or her registration must, upon payment of the fee as determined in the guidelines issued by the MEC in terms of section 4 of this Act, be renewed, unless he or she has become subject to any disqualification in terms of the Tourist Act since the previous registration or renewal of registration.

Chapter 7
Financial matters and reporting

47. Financial year

The financial year of the Agency is from 1 April to 31 March.

48. Revenue of Agency

The revenue of the Agency consists of—
(a)fees, registration fees and other moneys received or raised by it under the provisions of this Act or any other law;
(b)income derived by it from the performance of its functions;
(c)money appropriated by the Legislature;
(d)grants received from organs of state;
(e)voluntary contributions, donations and bequests received by it;
(f)money borrowed by it in terms of this Act;
(g)income derived by it from investments;
(h)penalties, fines and proceeds from sales of forfeited items received or recovered and allocated to the Agency under the provisions of this Act or any other law; and
(i)money accrued to the Agency from any other source.

49. Annual budget of Agency

(1)The Agency must, no later than 30 September in each financial year or any other period agreed to between the MEC and the Agency, submit, through the HOD, to the MEC a budget of its estimated revenue and expenditure for the ensuing financial year for approval by him or her as contemplated in the Public Finance Management Act.
(2)The Agency may not budget for a deficit and may not accumulate surpluses unless the prior written approval of the Provincial Treasury has been obtained.
(3)The Board is responsible for ensuring that the expenditure of the Agency is in accordance with the approved budget.

50. Contents of the strategic plan

(1)The Agency must, no later than 30 September in each financial year or any other period agreed to between the MEC and the Agency, submit, through the HOD, to the MEC a strategic plan for approval by him or her as contemplated in the Public Finance Management Act.
(2)The strategic plan must—
(a)cover a period of at least three years;
(b)be updated annually on a rolling basis; and
(c)form the basis for the annual reports of the Agency.
(3)In addition to the requirements of the Public Finance Management Act and any objectives and outcomes that the MEC may determine, the strategic plan of the Agency must provide for the manner in which the Agency intends to give effect to its objects as stated in section 31, inclusive of strategies, including an intergovernmental coordination strategy and an own revenue generation strategy and preliminary action plans.
(4)The MEC and the Agency must develop and agree on a framework of acceptable levels of materiality and significance of the matters that must be contained in its annual report and financial statements as contemplated in section 55(2) of the Public Finance Management Act.

51. Preparation and submission of annual report and financial statements of Agency

(1)The Board is the accounting authority for the Agency and must prepare the annual report and the financial statements in terms of section 55 of the Public Finance Management Act and, together with the report of the auditor on the financial statements, submit it to the Provincial Treasury, the MEC and the Auditor-General, if the Auditor-General did not audit the financial statements.
(2)For purposes of section 55(3) of the Public Finance Management Act, the Board must submit the annual report and the financial statements through the HOD, to the MEC, for tabling in the Legislature.
(3)The MEC must, within 20 days of receipt of the annual report and financial statements of the Agency, table it in the Provincial Legislature.

52. Quarterly reporting

(1)The Board must submit to the MEC quarterly reports in strict compliance with the applicable provisions of the Public Finance Management Act and the Treasury Regulations issued in terms thereof.
(2)Each quarterly report of the Agency must deal with the state of affairs, the activities, the operations, and the financial position of the Agency, including—
(a)the extent to which the Agency has achieved or advanced its objects during the financial quarter concerned;
(b)the relevant performance information regarding the economic, efficient and effective utilisation of resources;
(c)the amount of money, if any, received from the state or any other source and any other financial commitment furnished to the Agency; and
(d)the detailed staff establishment and composition of the Agency.
(2)Notwithstanding the provisions of subsection (1), the MEC may, at any time, request the Board to submit to him or her, within a period determined by the MEC, an interim report pertaining to the state of affairs, the activities, the operations, and the financial position of the Agency or pertaining to any specific matter identified by the MEC.[Please note: numbering as in original.]
(3)The Board must establish procedures for quarterly reporting to the MEC in terms of the Public Finance Management Act and this chapter to facilitate effective performance monitoring, evaluation and corrective action.

53. Tourism development fund

The MEC must, by way of regulation in terms of section 6 of this Act, establish a tourism development fund as an account in the Department, to develop tourism inside the provincial protected areas, and to empower and develop previously disadvantaged individuals, youth and women in the tourism sector.

54. Biodiversity conservation and development Fund

The MEC must, by way of regulation in terms of section 6 of this Act establish a biodiversity conservation and development Fund as an account in the Department, in order to support biodiversity conservation initiatives within the Province, to empower and develop previously disadvantaged individuals, youth and women and, to promote biodiversity conservation within the protected areas.

55. Provincial tourism development registration fee

The Agency may, in consultation with the MEC and by notice in the Gazette—
(a)institute a provincial tourism development registration fee payable by a person conducting or operating a tourist service or tourist services and registered as such in terms of this Act in order to promote tourism and the value of using registered tourist services in the Province;
(b)annually determine a surcharge, which must be added to the price of services rendered by the person conducting or operating a tourist service or tourist services; or
(c)annually fix a registration fee calculated at the rate determined in the notice.

Chapter 8
Inspections and compliance

56. Designation of environmental management inspectors

(1)The MEC may designate an employee of the Agency as an environmental management inspector in accordance with section 31C and relevant provisions of the National Environmental Act.
(2)An environmental management inspector has the powers, duties and functions contained in the National Environmental Act.

57. Designation of provincial environmental officers

(1)The MEC may—
(a)designate an employee of the Agency as a provincial environmental officer in accordance with the relevant provisions of provincial legislation regarding environmental management; and
(b)at any time withdraw a designation made in terms of paragraph (a).
(2)A provincial environmental officer has the powers, duties and functions contained in the relevant provincial legislation regarding environmental management.

58. Appointment or designation of a tourism officer

(1)The Agency may appoint or designate any employee of the Agency as a tourism officer for purposes of promoting any tourism related matter contemplated in this Act and the Tourism Act.
(2)A certificate of appointment or designation in the prescribed form, issued by the Agency, certifying that a person has been appointed or designated as a tourism officer is prima facie proof of the appointment or designation.

59. Powers and duties of a tourism officer

A tourism officer may monitor and encourage compliance with this Act or any other law which authorises him or her to monitor compliance with any tourism-related matter.

60. Compliance notice

A tourism officer who is of the opinion that any provision of this Act has not been complied with, may, issue a notice encouraging compliance in the prescribed form to the owner or person who appears to be in control of the relevant land or premises

Chapter 9
Offences and enalties

61. General offences

(1)A person is guilty of an offence if that person contravenes or fails to comply with regulations for the control of access to protected areas or contravenes or fails to comply with or undertakes any restricted activity contained in regulations made in terms of this Act or defined in national or provincial environmental management legislation.
(2)A person is guilty of an offence if that person willfully publishes or causes or allows to be published in any manner, false or misleading information relating to any tourist service.
(3)A person is guilty of an offence if that person contravenes any provision of this Act which is not elsewhere specifically declared to be an offence.

62. Offences relating to the Board and Agency

A person is guilty of an offence if that person—
(1)hinders or interferes with the Board, or a member of the Board, or an employee of the Agency, in the execution of official duties;
(2)willfully furnishes to the Agency, member of the Board, or an employee of the Agency, false or misleading information; or
(3)falsely professes to be a member of the Board, or an employee of the Agency, or the interpreter or assistant of that employee.

63. Penalties

Any person who is convicted of an offence under this Act is liable—
(a)in case of a contravention of the regulations referred to in section 61(1)—
(i)on a first conviction, to a fine not exceeding R250 000,00 or imprisonment for a period not exceeding 15 years, or to both such a fine and such imprisonment; and
(ii)in the case of a second or subsequent conviction for the same, to a fine not exceeding R500 000,00 or imprisonment for a period not exceeding 30 years, or to both such a fine and such imprisonment;
(b)in the case of an offence or prohibited activity referred to in section 61(1), other than a contravention of the rules, to the penalty provided for in the national or provincial environmental management legislation concerned;
(c)in the case of a general offence referred to in section 61(2) and (3), other than an offence or activity which is subject to a prohibition under the Tourism Act, to a fine or imprisonment for a period not exceeding two years, or to both such fine and imprisonment;
(d)in the case of an offence or an activity which is subject to a prohibition under the Tourism Act, to the penalty provided for in the Tourism Act;
(e)in case of an offence referred to in section 62, to a fine not exceeding R5 000,00 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

64. Jurisdiction of magistrate's court

A magistrate's court has jurisdiction to convict and impose any penalty provided for in this Act.

Chapter 10
Transitional provisions

65. Legal successor

(1)From the date of commencement of this Act, the Agency is, for all purposes in law, the legal successor to the Eastern Cape Parks and Tourism Agency, established under the Eastern Cape Parks and Tourism Agency Act, 2010 and—
(a)retains all movable and immovable property of the Eastern Cape Parks and Tourism Agency;
(b)continues as contracting party for the Eastern Cape Parks and Tourism Agency in all contracts as if the Agency had been the contracting party at the time of contracting and the contractual rights, obligations and liabilities of the Eastern Cape Parks and Tourism Agency in terms thereof are retained by the Agency; and
(c)is deemed to have issued all financial instruments of the Eastern Cape Parks and Tourism Agency.
(2)Any money standing to the credit of the Eastern Cape Parks and Tourism Agency in its bank account immediately before the commencement of this Act vests in the Agency.
(3)Any reference in any law or document to the Eastern Cape Parks and Tourism Agency must be construed as a reference to the Agency, unless such construction is clearly inappropriate.

66. Board established in terms of the Eastern Cape Parks and Tourism Agency Act, 2010

The members of the Eastern Cape Parks and Tourism Agency Board established in terms of the Eastern Cape Parks and Tourism Agency Act, 2010 continue in office for the period of their appointment in terms of the Eastern Cape Parks and Tourism Agency Act, 2010, and the MEC must call for nominations in terms of section 14 of this Act at least 90 days before the expiry of their term of office in terms of that Act.

67. Legal proceedings and internal proceedings and investigations

(1)All criminal proceedings which, immediately prior to the commencement of this Act, were instituted in terms of the provisions of the Eastern Cape Parks and Tourism Agency Act, 2010, and which proceedings have not been concluded before the commencement of this Act, must be continued and concluded in all respects as if this Act had not been passed.
(2)No provision of this Act affects any civil matter pending at the commencement of this Act, and such matter must be continued and concluded in every respect as if this Act had not been passed.
(3)A civil matter is, for the purposes of this section, deemed to be pending if, at the commencement of this Act, summons have been issued but judgment has not been given, and to be concluded when judgment is given.
(4)Any internal hearing, investigation or disciplinary proceedings or process instituted by the Eastern Cape Parks and Tourism Agency which is pending at the date of commencement of this Act, may be continued or instituted as if this Act had not been passed.

68. Financial, administrative, and other records of Eastern Cape Parks and Tourism Agency

All financial, administrative, and other records of the Eastern Cape Parks and Tourism Agency are deemed to be records of the Agency.

69. Employees of Eastern Cape Parks and Tourism Agency

(1)A person who, immediately before the commencement of this Act, was in the employ of the Eastern Cape Parks and Tourism Agency, continues to be in the employ of the Agency with the retention of the salary, allowances and other conditions of service which applied in respect of that person before the commencement of the Act, and is deemed to be appointed under this Act.
(2)The salary, allowances, and other conditions of service of such person is regarded as having been determined under this Act, and any leave, pension or other benefits which have accrued in the person's favour by virtue of the person's service with the Eastern Cape Parks and Tourism Agency is regarded as having been accrued in the person's favour by virtue of service with the Agency.
(3)Subject to the provisions of this Act, any—
(a)law regarding any condition of service;
(b)measure regarding the duties, functions and powers; or
(c)arrangement regarding any administrative function,
which applied to a person in the employment of the Eastern Cape Parks and Tourism Agency immediately before the date of commencement of this Act, remain in force until amended by the Agency and the employee concerned.

70. Continued registration of tour guides, tour operators, couriers, training providers, hotels, other accommodation establishments, conference centres, restaurants and designated tourist services

(1)A person who, immediately prior to the commencement of this Act, was registered in terms of the Eastern Cape Parks and Tourism Agency Act, 2010, and was, by virtue of that registration, authorised to carry on a business as defined in that Act, is deemed to be registered in terms of this Act and is, subject to this Act, authorised to carry on that business subject to the conditions which had been determined in respect of such person in relation to such person's registration to carry on that business in terms of the Eastern Cape Parks and Tourism Agency Act, 2010.
(2)A person referred to in subsection (1) must, before the date that the registration would have expired if the Eastern Cape Parks and Tourism Agency Act, 2010 had not been repealed, apply to the Agency in accordance with section 37 or section 45 for a certificate of registration issued in terms of this Act in exchange for the certificate of registration issued to such person under the Eastern Cape Parks and Tourism Agency Act, 2010.
(3)Upon receipt of an application in terms of subsection (2), the Agency must issue the new certificate of registration in terms of this Act.

71. Investigations and law enforcement activities

Any investigation and law enforcement activity undertaken in terms of the Eastern Cape Parks and Tourism Agency Act, 2010 is deemed to be undertaken in terms of the provisions of this Act for the purposes of prosecution and findings of the court.

72. General

(1)From the date of commencement of this Act, all assets, rights, obligations and liabilities of the Eastern Cape Parks and Tourism Agency not referred to in this chapter vest in the Agency.
(2)Anything done or any decision made, or steps taken by the Eastern Cape Parks and Tourism Agency in terms of any provision of the Eastern Cape Parks and Tourism Agency Act, 2010, is deemed to have been done, made, or taken by the Agency and remains valid until repealed or amended by the Agency.
(3)Any registration fees or fees determined by the Eastern Cape Parks and Tourism Agency in terms of the Eastern Cape Parks and Tourism Agency Act, 2010 before the commencement of this Act are deemed to have been determined under this Act and remain valid until repealed or amended by the Agency.

Chapter 11
General provisions

73. Repeal of Act

The Eastern Cape Parks and Tourism Agency Act, 2010 is hereby repealed.

74. Short title and commencement

(1)This Act is called the Eastern Cape Parks and Tourism Agency Act, 2024 and will come into operation on a date determined by the Premier by proclamation in the Gazette.
(2)The Premier may determine different dates for commencement of different sections or chapters of this Act.
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History of this document

05 August 2024 this version
21 June 2024
Assented to