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

Regulations

Addo Elephant National Park Marine Protected Area Regulations

1. Definitions
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In these regulations, unless the context indicates otherwise, a word or expression that is defined in the Act bears the same meaning in these regulations, and in addition—

 

"Act"

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

 

"alpha flag"

means the ‘diver down flag’ used to indicate that diving operations are in progress and other vessels must keep clear;

 

"authorised official"

means—

(a) any person appointed as a fishery control officer in terms of the Marine Living Resources Act;
(b) an environmental management inspector appointed in terms of the National Environmental Management Act; and
(c) all peace officers as defined in the Criminal Procedure Act, 1977 (Act No. 51 of 1977).

 

"BIORZ"

means the Bird Island Offshore Restricted Zone;

 

"bottom trawlnet"

means any net designed to be dragged along the bed of the sea by a fishing vessel;

 

"certificate of competence"

means a certificate of competence as defined in the National Small Vessel Safety Regulations, 2007;

 

"certificate of fitness"

means a certificate of fitness as defined in the National Small Vessel Safety Regulations, 2007;

 

"commercial fishing"

shall have the meaning assigned to it in section 1 of the Marine Living Resources Act;

 

"Controlled Zone"

means an area within a Marine Protected Area where fishing or any other activity in terms of section 48A(1) of the Act may take place if authorised in terms of these regulations as contemplated in terms of section 48A(2);

 

"CRICZ"

means the Cannon Rocks Inshore Controlled Zone;

 

"CROCZ"

means the Cannon Rocks Offshore Controlled Zone;

 

"CPICZ"

means Cape Padrone Inshore Controlled Zone;

 

"demarcation buoy"

means a buoy installed to mark the boundaries of or the zones within the Marine Protected Area;

 

"demarcation marker"

means a marker installed to mark the boundaries of or the zones within the Marine Protected Area;

 

"dive or diving"

means to swim below the surface of the water, or to enter the water with the aid of, or use of prohibited gear;

 

"environmental management inspector"

has the meaning assigned to it in the National Environmental Management Act;

 

"environment"

has the meaning assigned to it in section 1 of the National Environmental Management Act;

 

"fish"

means any aquatic plant or animal whether piscine or not, and any mollusc, crustacean, coral, sponge, holothurian or other echinoderm, reptile and includes their eggs, larvae and all juvenile stages, but does not include sea birds, seals or any marine mammal;

 

"fishing" or to "fish"

means—

(a) searching for, catching, taking or harvesting fish or an attempt to undertake any such activity;
(b) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking or harvesting of fish;
(c) placing, searching for or recovering any fish aggregating device or associated gear, including radio or tracking beacons;
(d) any operation in support or in preparation of any activity described in this definition; or
(e) the use of an aircraft in relation to any activity described in this definition;

 

"fishing permit"

means a commercial, small scale or recreational fishing permit issued in terms of the Marine Living Resources Act, which authorises fishing in the area where the Marine Protected Area is located;

 

"high-water mark"

has the meaning assigned to it in the Integrated Coastal Management Act;

 

"hovercraft"

means a craft that floats on a cushion of air and is capable of traversing water;

 

"Integrated Coastal Management Act"

means the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008);

 

"islands"

means the St Croix Island group, including St Croix, Jahleel and Brenton islands; and the Bird Island group including Bird, Seal, Stag and Black Rocks islands forming part of the Addo Elephant National Park as defined in Government Gazette No. 36295 of 27 March 2013;

 

"management authority"

means South African National Parks as designated in regulation 15;

 

"Marine Living Resources Act"

means the Marine Living Resources Act, 1998 (Act No. 18 of 1998);

 

"Marine Protected Area"

means the Addo Elephant National Park Marine Protected Area as declared by the Minister in terms of section 22A of the Act;

 

"Marine Traffic Act"

means the Marine Traffic Act, 1981 (Act No. 2 of 1981);

 

"National Ports Authority of South Africa"

shall have the meaning assigned to it in the National Ports Act, 2005 (Act No. 12 of 2005);

 

"National Small Vessel Safety Regulations"

means the Merchant Shipping (National Small Vessel Safety) Regulations, 2007, published in terms of section 356 of the Merchant Shipping Act, 1951 (Act No. 57 of 1951) and promulgated in Government Notice No. R. 705 of 8 August 2007;

 

"no-wake speed"

means the speed that a vessel travels with its engine just in gear and moving at the slowest possible speed necessary to maintain steerage, without causing a wake or a wave in the water;

 

"no-wake zone"

means that part of the Marine Protected Area that is zoned, where a vessel may only travel at "no-wake speed";

 

"operate"

in respect of a vessel, includes mooring in the water, moving or drifting in the water and ascending or descending from its mooring, the shore, launch site, a buoy or a jetty;

 

"personal watercraft"

means a vessel—

(a) that uses an inboard motor powering a water jet pump as its primary source of propulsion;
(b) is designed to be operated by a person or persons sitting, standing, or kneeling on rather than within the confines of a hull; and
(c) is less than three meters in length;

 

"port"

shall have the meaning assigned to it in the Integrated Coastal Management Act;

 

"power-driven"

means propelled by reciprocating or rotary machinery using fuel, chemicals, electricity or heat as an energy source, but does not include a water jet pump;

 

"privately used launch site"

has the meaning assigned to it in regulation 1 of the Public Launch Site Regulations GNR 497 of 27 June 2014, published in terms of the Integrated Coastal Management Act;

 

"prohibited gear"

means goggles, diving masks, dive torches, snorkels, dive fins or flippers, wet suits or diving suits, artificial breathing apparatus, weight belts or weights, bags used for underwater collection of fish, shucking tools or any tool that could be used for the collection of fish;

 

"recreational fishing"

has the meaning assigned to it in the Marine Living Resources Act;

 

"Restricted Zone"

means an area within the Marine Protected Area where no fishing may take place, but where any other activity in terms of section 48A(1) of the Act may take place if authorised in terms of these regulations as contemplated in terms of section 48A(2);

 

"SCUBA Diving"

means swimming below the surface of the water, with the aid of compressed or pumped air or other gasses;

 

"SCUBA diving vessel"

means any vessel that carries SCUBA divers and has no fishing gear on board;

 

"SECZ"

means the Sunday’s River Estuary Controlled Zone;

 

"SERZ"

means the Sunday’s River Estuary Restricted Zone;

 

"SICZ"

means the Sundays Inshore Controlled Zone;

 

"SIRZ"

means the Sundays Inshore Restricted Zone;

 

"small-scale fishing or fisher"

has the meaning ascribed to it in section 1 of the Marine Living Resources Act;

 

"SOCZ"

means the Sundays Offshore Controlled Zone;

 

"spearfishing"

means fishing with the use of a speargun;

 

"speargun"

means a device by which a spear is projected by mechanical or pneumatic means;

 

"StCORZ"

means the St. Croix Island Offshore Restricted Zone;

 

"Sundays River Estuary Zones"

means the SERZ and the SECZ;

 

"Threatened or Protected Marine Species Lists"

means the lists published in Government Gazette 40875 GN 476 of 30 May 2017, in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004);

 

"Threatened or Protected Marine Species Regulations"

means the regulations published in Government Gazette 10722 GNR 477 of 30 May 2017, in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004);

 

"vessel"

means a waterborne craft of any kind whether a surface craft or submarine, and whether self-propelled or not, and includes any moored floating structure that can be used as a means of transport by water, and includes a personal watercraft, or hovercraft;

 

"vessel providing living accommodation"

means any vessel including a "house boat" or a "caravan boat" or any other type of vessel equipped for overnight residence thereon;

 

"water-ski"

means a person on dual skies, slalom ski, aqua boards, tube or any other devise other than on another vessel, being towed by a vessel through, over or on the water and "water-skiing and "water-skier" shall have the same meaning;

 

"water ski-zone"

means that part of the Marine Protected Area that is zoned for water skiing activities; and

 

"WGS 84"

means the World Geodetic System of 1984 (G730), which is a geographic coordinate system.