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

Regulations

Regulations for the Proper Administration of Nature Reserves, 2012

1. Definitions

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In these Regulations any word or expression to which a meaning has been assigned in the Act, has the meaning so assigned and, unless the context otherwise indicates—

 

"accommodation"

means facilities of any nature for the accommodation of day and overnight visitors;

 

"alien species"

has the meaning assigned to it in the Biodiversity Act;

 

"angle"

means—

(a)to catch fish by using a line and fish-hook, whether or not a rod is used; and
(b)the use of a landing-net to land, or a keep-net to keep fish caught in accordance with the method as described; and

"angling"  has corresponding meaning;

 

"authorised person"

means an employee of a management authority, or any other person, acting as such on the written authorisation of a management authority and includes an environmental management inspector;

 

"bioprospecting"

has the meaning assigned to it in section 1 of the Biodiversity Act;

 

"community-based natural resource management"

means in relation to indigenous biological resources, any utilisation of indigenous biological resources by a community for sustainable harvesting, traditional use or commercial purposes;

 

"dangerous weapon"

means any object, other than a firearm, which could cause serious bodily injury in respect of people or animals;

 

"development"

means any physical intervention, excavation or action, other than that caused by natural forces, which may result in a change in the, appearance or physical nature of a site in a nature reserve or influence its stability and future well-being, including—

(a)the construction, alteration, demolition, removal or change of use of a site or a structure on the site;
(b)the carrying out of any works on, over or under the site;
(c)the construction or putting up for display of signs or notice boards;
(d)any change to the natural or existing condition or topography of land; and
(e)any removal, physical disturbance, clearing or destruction of trees or vegetation or the removal of topsoil;

 

"employee"

means a person in the employ of a management authority;

 

"firearm"

has the meaning assigned to it in section 1 of the Firearms Control Act, 2000 (Act No. 60 of 2000);

 

"in situ conservation"

means the process of protecting plant or animal species in their natural habitat;

 

"internal rules"

means rules made under section 52 of the Act;

 

"invasive species"

has the meaning assigned to it in section 1 of the Biodiversity Act;

 

"lifeguard"

means a person employed in that capacity or appointed by a management authority;

 

"Merchant Shipping Act"

means the Merchant Shipping Act, 1951 (Act No. 57 of 1951);

 

"open access protected nature reserve"

means a nature reserve which can be entered and traversed by any means where the entry to such nature reserve is not restricted or controlled by any access point or a gate;

 

"point of entry"

means a place of entry to a nature reserve, including, but not limited to access gates;

 

"point of exit"

means a place of exit from a nature reserve, including, but not limited to exit gates;

 

"Protected Area Notice"

means a written notification issued by a management authority;

 

"protected species"

means any indigenous species naturally found in a protected area and includes any listed threatened or protected species;

 

"recreation area"

means any area set aside in terms of the management plan for general recreational use by the public;

 

"specimen"

has the meaning assigned to it in section 1 of the Biodiversity Act;

 

"stay overnight"

means to be present in a nature reserve for the period between sunset and sunrise;

 

"the Act"

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

 

"vehicle"

means any conveyance designed or adapted principally to travel on wheels or tracks;

 

"vessel"

means any conveyance floating on, in or over water and designed for navigation on or in water, howsoever propelled and includes any canoe, lighter, floating platform, decked boat, carrier vessel, or any vessel equipped with an inboard or outboard motor or any other craft, whether surface craft or submarine;

 

"water area"

means the water and the bed of any tidal lagoon, natural lake, tidal river, river or stream, dam, impoundment or wetland or any part thereof, situated within a nature reserve, and includes the water and the land between the lowest line and the highest line to which the water level of such tidal lagoon, natural lake, tidal river, dam, impoundment or wetland, river or stream or any part thereof may recede or rise at any time;

 

"water ski"

means to ski on or in the water with or without the assistance of any kind of skiing apparatus while the water skier is towed by a vessel by means of a towing-rope, and includes kite-surfing and para-sailing.