National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)RegulationsControl of Use of Vehicles in the Coastal Area Regulations4. Permits to use vehicles in coastal area |
| (1) | A permit to use a vehicle in the coastal area may be issued by the Minister for the purposes of— |
| (a) | carrying out a non-recreational activity in terms of a right, permit or exemption granted under the Act, the Marine Living Resources Act, 1998 (Act No. 18 of 1998) or the Sea Fishery Act, 1988 (Act No. 12 of 1988); |
| (b) | scientific research; |
| (c) | operating a tourism business; |
| (d) | accessing private property provided there is no reasonable alternative access to the property; |
| (e) | producing an advertisement, film, still photograph or a television programme; |
| (f) | access by a physically disabled person; |
| (g) | hosting a fishing competition; or |
| (h) | the construction or maintenance of infrastructure authorised by a law. |
| (2) | An application for a permit shall be made to the Minister. |
| (3) | A permit may be issued subject to conditions as determined by the Minister. |
| (4) |
| (a) | A permit may be issued for non-recreational activities in terms of subregulation 4(1)(a) if— |
| (i) | the applicant pays the application fee if prescribed; and |
| (ii) | the applicant demonstrates that the use of a vehicle is required in the coastal area to effectively carry out the non-recreational activity; |
| (b) | Such a permit may be issued for a maximum period of five years, provided that the permit will only be valid if the holder thereof is also the holder of a valid permit or exemption granted under the Act, the Marine Living Resources Act, 1998 (Act No. 18 of 1998) or the Sea Fishery Act, 1988 (Act No. 12 of 1988). |
| (5) |
| (a) | A permit may be issued for scientific research in terms of subregulation 4(1)(b) if— |
| (i) | the applicant demonstrates that the use of the vehicle is required to effectively carry out the scientific research; and |
| (ii) | the applicant provides an approved research proposal from the research institution, organisation or tertiary institution; or |
| (iii) | the applicant is in possession of a valid permit, licence or other written permission from an organ of state to conduct scientific research where required by law. |
| (b) | Such a permit may be issued for a maximum period of five years. |
(6)
| (a) | A permit may be issued for tourism in terms of subregulation 4(1)(c) if— |
| (i) | the applicant pays the application fee if prescribed; |
| (ii) | the applicant demonstrates that the use of the vehicle is required to effectively conduct the tourism business; |
| (iii) | the applicant provides proof of registration of its tour guides and copies of all marketing material for the intended tour in the coastal area; |
| (iv) | the applicant is in possession of a valid permit, licence or other written permission from an organ of state to conduct a tourism business, where required by law; |
| (v) | the applicant provides an operational plan setting out the activities that will be undertaken during a tour, the number of trips per day, the length of a tour, the number of people per tour that can be accommodated and any equipment or infrastructure which will be utilised; and |
| (vi) | the applicant provides an environmental plan for the proposed vehicle use in the coastal area which plan must, as a minimum, address the following issues: |
| (aa) | a detailed description of the environment that may be affected by the tourism activity, and the manner in which the physical, biological, social, economic and cultural aspects of the environment may be affected or impacted on by the activity; |
| (bb) | proposed management or mitigation measures that will be implemented to minimise environmental impacts and respond to any negative impact which may occur during the tourism activity; |
| (cc) | measures to be taken to rehabilitate the affected environment if required; and |
| (dd) | a description of any consultation process with interested and affected parties that was undertaken and a summary of any comments that were received during such consultation process. |
| (b) | Such a permit may be issued for a maximum period of five years. |
| (7) |
| (a) | A permit may be issued to access private property in terms of subregulation 4(1)(d) if— |
| (i) | the applicant provides proof that the use and occupation of the property is lawful; and |
| (ii) | the applicant demonstrates that no reasonable alternative access route to the property exists. |
| (b) | Such a permit may be issued for a maximum period of five years. |
| (8) |
| (a) | A permit may be issued for filming in terms of subregulation 4(1)(e) if— |
| (i) | the applicant pays the application fee if prescribed; |
| (ii) | the applicant provides an environmental plan for the proposed vehicle use in the coastal area which plan must, as a minimum, address the following issues: |
| (aa) | a detailed description of the environment that may be affected by the filming activity, and the manner in which the physical, biological, social, economic and cultural aspects of the environment may be affected or impacted on by the filming activity; |
| (bb) | proposed management or mitigation measures that will be implemented to minimise environmental impacts and respond to any negative impact which may occur during the filming activity: |
| (cc) | measures to be taken to rehabilitate the affected environment if required; and |
| (dd) | a description of any consultation process with interested and affected parties that was undertaken and a summary of any comments that were received during such consultation process; |
| (iii) | the applicant provides a detailed description of the proposed advertisement, production or filming activity and the purpose of the proposed vehicle use; |
| (iv) | the proposed vehicle use does not depict or promote the inappropriate or illegal use of a vehicle in the coastal area in South Africa or may not be recognisable as an area in South Africa; and |
| (v) | the applicant is in possession of a valid permit, licence or other written permission from an organ of state to conduct filming, where required by law. |
| (b) | Such a permit may be issued for the duration of the production up to a maximum of one year. |
| (9) |
| (a) | A permit may be issued for a physically disabled person in terms of subregulation 4(1)(f) if— |
| (i) | the applicant pays the application fee if prescribed; and |
| (ii) | the applicant provides written confirmation from the National Council for Persons with Physical Disabilities in South Africa that he or she is a physically disabled person. |
| (b) | Such a permit may be issued for a maximum period of five years. |
| (10) |
| (a) | A permit may be issued for a fishing competition in terms of subregulation 4(1)(g) if— |
| (i) | the applicant pays the application fee if prescribed; |
| (ii) | the applicant submits a code of conduct or similar document issued by the organisers of the fishing competition that regulates the use of vehicles by participants; |
| (iii) | the applicant provides an environmental plan for the proposed vehicle use in the coastal area which plan must, as a minimum, address the following issues: |
| (aa) | a detailed description of the environment that may be affected by the fishing competition, and the manner in which the physical, biological, social, economic and cultural aspects of the environment may be affected or impacted on; |
| (bb) | proposed management or mitigation measures that will be implemented to minimise environmental impacts and respond to any negative impact which may occur during the fishing competition: |
| (cc) | measures to be taken to rehabilitate the affected environment if required; and |
| (dd) | a description of any consultation process with interested and affected parties that was undertaken and a summary of any comments that were received during such consultation process; and |
| (iv) | the applicant is in possession of a valid permit, licence or other written permission from an organ of state to conduct a fishing competition, where required by law. |
| (b) | Such a permit may be issued for the duration of the competition, provided that a permit shall only be issued for a single specified organised recreational fishing competition. |
| (11) |
| (a) | A permit may be issued for construction or maintenance in terms of subregulation 4(1)(h) if— |
| (i) | the applicant pays the application fee if prescribed; |
| (ii) | the applicant provides a copy of an environmental authorisation if required; |
| (iii) | an environmental authorisation is not required, a letter from the competent authority confirming this; |
| (iv) | the applicant provides an environmental management plan if required in the environmental authorisation; and |
| (v) | a detailed description of the construction or maintenance activity and the extent of the use of a vehicle including the time periods and number of vehicles which may be used. |
| (b) | Such a permit may be issued for a maximum period of five years. |
| (12) | For any application for a permit the Minister must be satisfied that— |
| (a) | the intended vehicle use will not cause significant harm to the coastal area; and |
| (b) | members of the public will be able to continue to safely use and enjoy that part of the coastal area. |
| (13) | When considering an application for a permit to use a vehicle in the coastal area of a coastal protected area, the Minister shall only issue a decision on the application in consultation with the management authority of the coastal protected area where such management authority is not the delegated authority to issue such permits. |
| (14) | The Minister may, on application subject to a renewal fee, renew a permit for a further period of not more than two years, whereafter a new application must be made in terms of regulation 4. |
| (15) | Any permit issued in terms of these regulations is not transferable. |