Marine Living Resources Act, 1998 (Act No. 18 of 1998)Chapter 3 : Management of Marine Living ResourcesPart 2 : Local Fishing18. Granting of rights |
| (1) | No person shall undertake commercial fishing or small-scale fishing, engage in mariculture or operate a fish processing establishment unless a right to undertake or engage in such an activity or to operate such an establishment has been granted to such a person by the Minister. |
[Subsection (1) substituted by section (4) of Act No. 5 of 2014]
| (2) | An application for any right referred to in subsection (1) shall be submitted to the Minister in the manner that the Minister may determine. |
| (3) | The Minister may require an environmental impact assessment report to be submitted by the applicant. |
| (4) | Unless otherwise determined by the Minister in relation to the holders of existing rights, only South African persons shall acquire or hold rights in terms of this section. |
| (5) | In granting any right referred to in subsection (1), the Minister shall, in order to achieve the objectives contemplated in section 2, have particular regard to the need to permit new entrants, particularly those from historically disadvantaged sectors of society. |
| (6) | All rights granted in terms of this section shall be valid for the period determined by the Minister, which period shall not exceed 15 years, whereafter it shall automatically terminate and revert back to the State to be reallocated in terms of the provisions of this Act relating to the allocation of such rights. |
| (7) | The Minister may determine sustainable conservation and management measures, including the use of a particular type of vessel or gear, or area of fishing, to which a right may be subject. |