National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)RegulationsControl of Use of Vehicles in the Coastal Area Regulations1. Definitions |
In these Regulations, unless the context indicates otherwise, a word or expression that is defined in the Act bears the same meaning in these Regulations, and in addition—
means the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008);
means—
| (a) | any person appointed as a fishery control officer in terms of the Marine Living Resources Act, 1998 (Act No. 18 of 1998); |
| (b) | an environmental management inspector appointed in terms of the National Environmental Management Act; and |
| (c) | all peace officers as defined in the Criminal Procedure Act; |
means a natural location within the coastal zone, with no slipway, jetty or other construction or structure, where a vessel may be launched directly into the water and includes a natural location in the coastal area, which can only be accessed by an artificially compacted or hardened surface;
means—
| (a) | coastal public property; |
| (b) | littoral active zone; and |
| (c) | any area between the high-water mark and up to 500 meters landwards of the high-water mark where dunes, wetlands, mangroves, lagoons, salt marshes, salt pans, mud flats occur, but not exceeding the boundary of the coastal zone as determined in the Act; |
means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);
means a mound or ridge of loose wind-blown material, usually sand, whether covered by vegetation or not;
means a serious situation or occurrence that happens unexpectedly or is reasonably foreseeable and that requires immediate action;
means an inter-provincial, national, or international recreational sport fishing competition sanctioned by, and held under the auspices of, the South African Shore Angling Association;
means a port or harbour proclaimed in terms of any law and managed by an organ of State;
has the meaning assigned to it in the World Heritage Convention Act, 1999 (Act No. 49 of 1999);
means the organisation or authority appointed in terms of the Protected Areas Act or in terms of the World Heritage Convention Act, 1999 (Act No. 49 of 1999), to manage a coastal protected area including any authority or organisation who has been appointed or contracted to manage a coastal protected area in terms of section 14 of the Protected Areas Act or section 13 of the World Heritage Convention Act, 1999 (Act No. 49 of 1999);
means a use of a vehicle within the coastal area referred to in regulation 3 and for which a permit under these regulations is not required;
means a person with permanent severe mobility impairment who has been certified as such by the National Council for Persons with Physical Disabilities in South Africa;
means a site—
| (a) | constructed adjacent to or proximate to privately owned property; |
| (b) | used by the owner or occupiers of such property to launch a vessel in the coastal area; |
| (c) | which is not for use by the general public; |
| (d) | where no fees, levies or charges are imposed for launching a vessel; and |
| (e) | excludes a beach or surf launch site. |
means a site listed by notice in the Gazette in terms of the Public Launch Site Regulations, as a site where a vessel may be launched in the coastal zone, but excludes a privately used launch site;
means the regulations published in terms of the Act relating to the listing and management of public launch sites;
has the meaning assigned to it in the National Road Traffic Act, 1996 (Act No. 93 of 1996);
means the delegated authority or the Minister as referred to in regulations 4 and 16;
means research carried out by a museum, recognised institute established for the purpose of scientific research, or research carried out by a registered research unit of a tertiary institution;
means a commercial business using vehicles in the coastal area for the purpose of conducting eco-tours and which employs tourist guides;
means a tourist guide as defined in the Tourism Act, 1993 (Act No. 72 of 1993);
in relation to a vehicle includes driving, operating, being conveyed by, or being seated in the driver's seat of a stationary vehicle;
means—
| (a) | any self-propelled conveyance which is designed to transport one or more persons on land including those designed for the construction or maintenance or infrastructure; |
| (b) | a trailer; |
| (c) | any motorised aircraft which may land in the coastal area; or |
| (d) | a vessel which is able to move on land. |
means a public launch site listed by notice in the Provincial Gazette in terms of the Public Launch Site Regulations, as a site which allows a vehicle to be used to launch a vessel in the coastal area but excludes a privately used launch site; and
has the meaning assigned to it in the Act, but excludes non-motorised waterborne craft which do not require a vehicle or any other equipment to launch into the water.