National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)

Regulations

Public Launch Site Regulations

2. Listings of public launch sites

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(1) The MEC must within one year of the commencement of these regulations by notice in the Provincial Gazette
(a) list public launch sites where a vessel may be launched, which are outside the boundaries of a protected area or an operational harbour area that has already been physically modified from its original natural state; and
(b) identify a management body responsible for managing a public launch site.

 

(2) The MEC may in a launch site operational plan in respect of any public launch site listed in terms of subregulation (1)—
(a) determine a maximum daily, monthly or annual limit for the number of vehicles used to launch a vessel or vessels from each public launch site;
(b) determine the type or class of vessel which may be launched from a particular public launch site;
(c) impose any prohibitions or conditions relating to the use or management of a public launch site in general or, for any specific launch site; or
(d) regulate any other activity relating to the management of a public launch site.

 

(3) Before listing a public launch site or finalising a launch site operational plan in terms of subregulation (1) or (2) respectively, the MEC shall consult the management authority which is responsible for managing any adjacent marine area into which a vessel may launch.

 

(4) The MEC must review the list of public launch sites published in terms of subregulation (1) at least once every five years.

 

(5) When listing a public launch site in terms of subregulation (1), the MEC shall consider the following criteria:
(a) available parking near the public launch site;
(b) available ablution facilities;
(c) proximity to other public launch sites;
(d) whether the public launch site has a valid environmental authorisation, exemption or permission in terms of section 24G of the National Environmental Management Act;
(e) whether there is an environmental management programme;
(f) whether the public launch site is properly maintained and in a suitable physical state to launch vessels;
(g) whether the public launch site is safe for launching vessels; or
(h) any other relevant criteria.

 

(6) A management body may in accordance with its applicable laws enter into a written agreement with or appoint any person to manage a public launch site on behalf of that management body. The management body shall remain responsible for the monitoring, compliance and enforcement of a launch site operational plan at a public launch site.

 

(7) A management authority in its management plan or integrated management plan shall identify public launch sites within a protected area including those sites which share adjacent common boundaries with a terrestrial protected area. The provisions of subregulations (2)(a), (b), (c) and (d) shall mutatis mutandis apply to a management authority.

 

(8) Any fee charged for access to a public launch site must be approved by the Minister in accordance with section 13 of the Act.

 

(9) A public launch site listed in terms of subregulation (1) may be delisted by the MEC by notice in the Provincial Gazette if:
(a) the management body of the public launch site fails to comply with the general or specific conditions for that site;
(b) continued use of the site may have an adverse effect on the coastal environment; or
(c) the site has not been used for a period of one year.