Marine Living Resources Act, 1998 (Act No. 18 of 1998)Chapter 4 : Marine protected areas43. Marine protected areas |
| (1) | The Minister may, by notice published in the Gazette, declare an area to be a marine protected area— |
| (a) | for the protection of fauna and flora or a particular species of fauna or flora and the physical features on which they depend; |
| (b) | to facilitate fishery management by protecting spawning stock, allowing stock recovery, enhancing stock abundance in adjacent areas, and providing pristine communities for research; or |
| (c) | to diminish any conflict that may arise from competing uses in that area. |
| (2) | No person shall in any marine protected area, without permission in terms of subsection (3)— |
| (a) | fish or attempt to fish; |
| (b) | take or destroy any fauna and flora other than fish; |
| (c) | dredge, extract sand or gravel, discharge or deposit waste or any other polluting matter, or in any way disturb, alter or destroy the natural environment; |
| (d) | construct or erect any building or other structure on or over any land or water within such a marine protected area; or |
| (e) | carry on any activity which may adversely impact on the ecosystems of that area. |
| (3) | The Minister may, after consultation with the Forum, give permission in writing that any activity prohibited in terms of this section may be undertaken, where such activity is required for the proper management of the marine protected area. |