Coastal Management By-law, 2019
- Published in Government Gazette 8177 on 15 November 2019
- Commenced on 15 November 2019
- [This is the version of this document from 15 November 2019 and includes any amendments published up to 28 April 2023.]
DefinitionsIn this By-law, words used in the masculine gender include the feminine, the singular includes the plural and vice versa, the English text prevails in the event of an inconsistency between the different texts and unless the context otherwise indicates :"admiralty reserve" means any strip of land adjoining the inland side of the high-water mark which, when this Act took effect, was state land reserved or designated on an official plan, deed of grant, title deed or other document evidencing title or land-use rights as "admiralty reserve", "government reserve", "beach reserve", "coastal forest reserve" or other similar reserve;"bathing area" means the seashore and that part of the sea situated within or adjoining the area over which the Municipality has jurisdiction, and also that portion of the adjoining dune and the beach habitually used by members of the public for bathing and recreational purposes;"beach area" means the sea, seashore, bathing area, sand dune and any land owned by the Municipality above the high water mark and adjoining the seashore and used or capable of being used by the public for recreational purposes, including any adjoining facility, promenade, walkway, car park, lawn or structures;"boat" means any water navigable craft, whether self-propelled or not, and whether it is used to carry persons or goods or to tow something, or for any other reason, whether for sport, recreation or not;"coastal access land" means land designated as coastal access land in terms of section 18(1), read with section 26 of the National Environmental Management: Integrated Coastal Management Act;"coastal protected area" means a protected area that is situated wholly or partially within the coastal zone and that is managed by, or on behalf of an organ of state, but excludes any part of such a protected area that has been excised from the coastal zone in terms of section 22 of the National Environmental Management: Integrated Coastal Management Act;"coastal protection zone" means the coastal protection zone contemplated in section 17 of the National Environmental Management: Integrated Coastal Management Act;"coastal public property" means coastal public property referred to in section 7 of the National Environmental Management: Integrated Coastal Management Act;"coastal waters" means -
ObjectivesTo provide for procedures, methods and practices to regulate the use and management of the coastal zone. To control activities in the coastal zone and to provide for matters incidental thereto. Under the provisions of Section 156(2) of the Constitution of the Republic of South Africa, 1996, and Sections 20(2) and 50 of the National Environmental Management: Integrated Coastal Management Act (Act No. 24 of 2008), the Matzikama Local Municipality hereby enacts as follows:
1.This by-law shall apply to the beach area and the coastal area under control of the Municipality insofar that it is appropriate and not excluded or inconsistent with any other law.
2.If a determination of this by-law is in contradiction with any other by-law of the Municipality, this by-law or the most restricting by-law provisions must be adhered to but shall not derogate from the provisions of any other legislation.
3. Number of visitors
4. Admission to public amenity
5. Entrance fees
7. Consent required for certain activities
8. Use of public amenitiesThe Municipality may enter into an agreement with any person in terms of which a public amenity or any part thereof may be used for the purposes and subject to the conditions set out in the agreement.
10. Prescribed feesThe Municipality may determine fees payable in terms of this by-law.
12. Prohibited behaviour
Boating/craft, including launching and operation
14. General provisions regarding boating/craft including launching and operation
15. Registration of boats
16. The mooring of boats
17. Rules of travel
18. Operation of boats and prohibitions
19. Jet-propelled craft
Coastal Access Land
21.The Municipality is hereby, and in terms of section 20(1)(c) of the National Environmental Management: Integrated Coastal Management Act, afforded the powers to:
22.The public may
23.In terms of this bylaw:
24. Provisions regarding overnighting and camping
25. Provisions regarding Caravan parks
26. Consumption of liquor/DrugsNo person may operate or use a vessel, or may be in the driving seat of a power-driven boat with its engine running, or may water ski, while his or her blood contains 0.05 grams of alcohol or more per 100 ml of blood or as amended by possible new legislation regarding levels of alcohol per 100 ml of blood, or while under the influence of drugs.
27. Entertainment and tradeNo person shall, without the prior written permission of the Municipality, and then only in accordance with any conditions which may be imposed by the Municipality, irrespective whether for reward or gain, conduct:-
28. FireworksNo person shall discharge without the prior consent of the Municipality, any fireworks or pyrotechnic works within the beach area, coastal access land, or coastal public property.
29. FiresNo person shall, except at places and amenities provided by the Municipality, kindle a fire in the beach area without the prior written permission of the Municipality, excluding gas operated equipment of which the gas cylinder not exceeds 4,5 kilogram gas capacity.
Protection of coastal fauna and flora
30. Environment conservation
33. Burning of waste
34. Prohibition of swimming within certain areas
35. Offences relating to swimming
36. Aquatic events (e.g. organised triathlons, inflatable boat races)No person shall:-(a)within or on any beach area organise, participate or compete in any swimming race or aquatic sport or event, or organise training in respect of such water or any other sports that cause annoyance or affect the safety, comfort or rights of the users of the beach area, except with the prior consent of the Municipality and at such time and place as the Municipality may have determined;(b)within the bathing area play any game where the playing of games has been prohibited by a sign.
Damage to property
37. Damage of property
38.No person may:
39.No person may:(1)fish from any bridge over a river;(2)impede any navigational channel with a fishing line;(3)leave a fishing line unattended in or near a navigation channel;(4)spear fish in a river.A person who contravenes a provision of this section commits an offence.
Animals on the beach and adjacent areas
40. Animals on beaches
General conduct on rivers, dams, estuaries and sea
41. Conduct on rivers, dams, estuaries and sea
42. Powers of official and offences
43. AppealA person whose rights are affected by a decision delegated by the Municipality may appeal against that decision by giving written notice of the appeal and the reasons therefor in terms of section 62 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000) to the Municipal Manager within 21 days of the date of the notification of the decision.
44. PenaltiesA person who has committed an offence in terms of this by-law is, on conviction, liable to a fine or in default of payment, to imprisonment, or to such imprisonment without the option of a fine, or to both such fine and such imprisonment, and in the case of a successive or continuing offence, to a fine for every day such offence continues, or in default of payment thereof, to imprisonment.
45. Limitation of liabilityThe Municipality is not liable for any damage or loss caused by:
46. Authentication and service of notices and other documents
47. PresumptionIn any prosecution under this by-law it shall be presumed, unless the contrary is proved, that an animal found in a public amenity was brought into the amenity by the owner thereof or a person under the control of the owner, or that the owner or the person allowed the animal to enter the amenity.
48. Entering into agreementsThe Municipality may enter into a written agreement with any person, organ of State, local community or organisation to provide for –
49. Liaison forums in community
50. Repeal of by-lawsThe provisions of any by-laws previously promulgated by the Municipality or by any of the disestablished municipalities now incorporated in the Municipality are hereby repealed as far as they relate to matters provided for in this by-law.
51. Short title and commencementThis by-law may be cited as the Matzikama Local Municipality Coastal Management By-law and commences on the date of publication thereof in the Provincial Gazette.
History of this document
Cited documents 7
- Constitution of the Republic of South Africa, 1996
- Local Government: Municipal Structures Act, 1998
- Local Government: Municipal Systems Act, 2000
- Merchant Shipping Act, 1951
- National Environmental Management: Integrated Coastal Management Act, 2008
- National Environmental Management: Integrated Coastal Management Amendment Act, 2014
- National Environmental Management: Protected Areas Act, 2003