Marine Living Resources Act, 1998 (Act No. 18 of 1998)RegulationsRegulations in terms of the Marine Living Resources Act, 1998Part 2 : Fishing Harbour Regulations93. Repairs |
| (1) | No diver shall operate within a fishing harbour for the purpose of effecting underwater repairs or maintenance to a vessel, without the written permission of a fishery control officer. |
| (2) | Before any vessel is admitted to a slipway in a fishing harbour, full particulars of such vessel shall be furnished to a fishery control officer and entered in the book kept for the purpose by such officer in the order in which the particulars of each such vessel were furnished, against payment by the owner or master of the vessel of the fees determined by the Minister under section 25 of the Act. |
| (3) | If a vessel is not placed on a slipway on the day duly appointed by a fishery control officer owing to the default of the owner or the master, such vessel shall, if the slipway is required for other vessels, lose its turn in the order entered in the book, referred to in subregulation (2). |
| (4) | Despite any other provision to the contrary in these Regulations, a fishery control officer may with regard to the use of a slipway, give priority to any vessel which is damaged or leaking or to a vessel which is to occupy the slipway for a period not exceeding 72 hours. |
| (5) | Subject to the provisions of subregulation (6), vessels which occupy a slipway simultaneously shall remain on the slipway until all the vessels are ready to be launched from the slipway: Provided that the owner or master of any such vessel who has given the required notice in terms of subregulation (7), shall not be liable for the payment of any fees for the period which his vessel unavoidably remains on the slipway after-expiry of the period of notice. |
| (6) | If a slipway is used in contravention of the period or any condition determined by a fishery control officer, a fee determined by the Minister under section 25 of the Act shall be payable by the owner or master of the relevant vessel. |
| (7) | Despite the provisions of subregulation (4), a fishery control officer may order the owner or master of a vessel to remove a vessel from the slipway within 24 hours of being notified thereto, if the fishery control officer is of the opinion that the vessel can be launched without endangering any other vessel. |
| (8) | The owner or master using a slipway shall give a fishery control officer 24 hours notice in writing that his vessel is ready to be launched from the slipway. |
| (9) | No person shall remove or shift the support upon which a vessel rests while it is on a slipway, except with the permission of a fishery control officer. |
| (10) | No person in a fishing harbour shall use any crane, water pump, ladder, trestle, scaffolding, plank or electric power provided by a source within a fishing harbour, except on the authority of a permit and upon payment of the fees determined by the Minister under section 25 of the Act. |
| (11) | No person shall cause a vessel to strand or heel or lay it up for cleaning, repairs or any other purpose, on a foreshore, shoal, sand or other bank within a fishing harbour, unless a fishery control officer has given permission and subject to the conditions he or she may impose. |
| (12) | No person shall break up any wreck, hulk or vessel in a fishing harbour without the written permission of a fishery control officer. |