National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)RegulationsManagement of the Namaqua National Park Marine Protected Area Regulations1. Definitions |
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—
means the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003);
means Abjoel Inshore Controlled Zone;
means the "diver down" flag used to indicate that diving operations are in progress and other vessels must keep clear;
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. |
means Bamboeskamp Inshore Controlled zone;
means Boulderbaai Inshore Controlled Zone;
means Boulderbaai Inshore Restricted Zone;
means Bitterrivier Inshore Restricted Zone;
means a certificate of competence as defined in the National Small Vessel Safety Regulations, 2007;
means a certificate of fitness as defined in the National Small Vessel Safety Regulations, 2007;
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) of the Act;
means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);
means a buoy installed to mark the boundaries of or the zones within the Marine Protected Area;
means Delwerskamp Inshore Controlled Zone;
has the meaning assigned to it in section 1 of the National Environmental Management Act;
means Eiland Punt Inshore Controlled Zone;
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; |
means Groenrivier Inshore Restricted Zone;
shall have the meaning assigned to it in section 1 of the Integrated Coastal Management Act;
means a craft that floats on a cushion of air and is capable of traversing water;
means the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008);
means Jaar se Baai Inshore Restricted Zone;
Kwas se Baai Inshore Restricted Zone;
means fishing by handline or manually operating a rod, reel and line or one or more separate lines to which no more than ten hooks are attached per line;
means South African National Parks as designated in regulation 10;
means the Marine Living Resources Act, 1998 (Act No. 18 of 1998);
means the Namaqua National Park Marine Protected Area as declared by the Minister in terms of section 22A of the Act;
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;
means Namaqua National Park Offshore Restricted Zone;
in respect of a vessel, includes mooring in the water, drifting in the water and ascending or descending from its mooring, the shore, launch site, a buoy or a jetty;
means a vessel that uses an inboard motor powering a water jet pump as its primary source of propulsion, and is designed to be operated by a person or persons sitting, standing, or kneeling on rather than within the confines of a hull;
means Policeman’s helmet Inshore Controlled Zone;
has the meaning assigned to it in the Marine Living Resources Act;
means an area within a 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) of the Act.
means swimming below the surface of the water, with the aid of compressed or pumped air or other gasses;
means any vessel that carries SCUBA divers and has no fishing gear on board;
has the meaning assigned to it in the National Environmental Management Act;
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);
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 and hovercraft; and
means the World Geodetic System of 1984 (G730), which is a geographic co-ordinate system.