"small-scale fishing community"

means a group of persons who—

(i)are, or historically have been, small-scale fishers;
(ii)have shared aspirations and historical interests or rights in small-scale fishing;
(iii)have a history of shared small-scale fishing and who are, but for the impact of forced removals, tied to particular waters or geographic area, and were or still are operating where they previously enjoyed access to fish, or continue to exercise their rights in a communal manner in terms of an agreement, custom or law; and
(iv)regard themselves as a small-scale fishing community;

[Definition inserted by section (1)(a) of Act No. 5 of 2014]