Marine Living Resources Act, 1998 (Act No. 18 of 1998)Chapter 8 : General Provisions77. Power to make regulations |
| (1) | The Minister may make regulations regarding— |
| (a) | any matter required or permitted to be prescribed in terms of this Act; and |
| (b) | generally all matters which are reasonably necessary or expedient to be prescribed in order to achieve the objects of this Act. |
| (2) | Without prejudice to the generality of the provisions of subsection (1), the Minister may make regulations— |
| (a) | prescribing fines greater in amount than those already specified in any provision of this Act— |
| (i) | if necessary as a result of inflation or a rise in the consumer price index; or |
| (ii) | to be in accordance with international law; |
| (b) | providing for the forfeiture of any vessel, vehicle, aircraft or thing used in the commission of an offence in terms of this Act; |
| (c) | providing for the forfeiture of any fish caught in contravention of any provision of this Act; |
| (d) | providing for the imposition of an additional fine to an amount representing the value in whole or in part of any vessel, vehicle, aircraft, gear, equipment or fish in the place of forfeiture of such vessel, vehicle, aircraft, gear, equipment or fish; |
| (e) | prescribing fisheries management and conservation measures, including mesh sizes, gear standards, minimum species sizes, closed seasons, closed areas, prohibited methods of fishing or gear and schemes for limiting entry into all or any specified fisheries; |
| (f) | to regulate the catching and utilisation of fish taken incidentally when fishing for a species for which a licence or permit has been issued; |
| (g) | regarding licences or authorisation in respect of any vessel or class or category of vessels to be used for fishing, related activities or any other purpose pursuant to this Act, including application procedures and forms, and the format and requirements for the issuing of licences or permits, grounds for denial, terms and conditions; |
| (h) | prescribing different classes of and formats for licences or permits, including application procedures and forms, and the area or fishing method or type of gear in respect of which each class of licence or permit shall be valid; |
| (i) | prescribing the operation of, and conditions and procedures to be observed by any fishing vessel while in South African waters, having due regard to the provisions of the United Nations Convention on the Law of the Sea; |
| (j) | prescribing the operation of, and conditions and procedures to be observed by,any vessel which enters South African waters for any purpose, including transiting the South African fisheries waters, in terms of this Act; |
| (k) | regulating— |
| (i) | the navigation of foreign fishing vessels through South African waters, having due regard to the provisions of the United Nations Convention on the Law of the Sea; and |
| (ii) | the manner in which gear is to be stowed aboard such vessels; |
| (l) | regarding the catching, loading, landing, handling, processing, transshipping, transporting, possession and disposal of fish; |
| (m) | regarding the import, export, trade in, distribution and marketing of fish and fish products; |
| (n) | prescribing the manner in which any gear shall be stowed; |
| (o) | providing for the implementation of any agreement or arrangement entered into under section 38 or 42; |
| (p) | regarding the appointment, powers and duties of fishery control officers, honorary marine conservation officers and observers; |
| (q) | prescribing the duties and procedures to be followed by the master and crew of any vessel in respect of fishery control officers and observers; |
| (r) | prescribing the licensing, control and use of fish aggregating devices and the rights to the aggregated fish, and setting times and the minimum distances from such devices any vessel may fish around such devices; |
| (s) | regulating or prohibiting the use of any diving apparatus, spear guns or other similar devices for fishing or related activities; |
| (t) | establishing standards and measures for the safety of local fishers and local fishing vessels; |
| (u) | requiring the provision of statistical and other information related to fisheries, including fishing log books, and the format in which the information shall be recorded; |
| (v) | regulating and controlling the operation of fish processing establishments, including quality control measures and inspection of such establishments; |
| (w) | regarding the prevention of marine pollution; |
| (x) | regulating or prohibiting, either generally or in any specified fisheries— |
| (i) | the management and protection of marine protected areas; |
| (ii) | the taking of coral; |
| (iv) | the taking of fish for aquarium purposes; or |
| (v) | the taking of turtles; |
| (y) | establishing measures for the protection of specified species; |
| (z) | governing the administration of fishing harbours and any other matter incidental thereto; |
| (aa) | relating to the circumstances in which fish which have been caught shall be returned or not returned to the sea or shall be released or not released; |
| (bb) | relating to the dumping or discharging of anything which is or may be injurious to fish, or which may disturb or change the ecological balance in any area of the sea; |
| (cc) | to ensure the orderly development and control of mariculture in the Republic; |