National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)

Regulations

Agulhas Front Marine Protected Area Regulations

1. Definitions
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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—

 

"Act"

means the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003);

 

"certificate of competence"

means a certificate of competence as defined in the National Small Vessel Safety Regulations, 2007;

 

"certificate of fitness"

means a certificate of fitness as defined in the National Small Vessel Safety Regulations, 2007;

 

"environment"

has the meaning assigned to it in section 1 of the National Environmental Management Act;

 

"fish"

means any aquatic plant or animal whether piscine or not, and any mollusc, crustacean, coral, sponge, holothurian or other echinoderm, reptile and includes their eggs, larvae and all juvenile stages, but does not include sea birds, seals or any marine mammal;

 

"fishing" or to "fish"

means—

(a) searching for, catching, taking or harvesting fish or an attempt to undertake any such activity;
(b) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking or harvesting of fish;
(c) placing, searching for or recovering any fish aggregating device or associated gear, including radio or tracking beacons;
(d) any operation in support or in preparation of any activity described in this definition; or
(e) the use of an aircraft in relation to any activity described in this definition;

 

"hovercraft"

means a craft that floats on a cushion of air and is capable of traversing water;

 

"Integrated Coastal Management Act"

means the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008);

 

"Marine Living Resources Act"

means the Marine Living Resources Act, 1998 (Act No. 18 of 1998);

 

"Marine Protected Area"

means the Agulhas Front Marine Protected Area as declared by the Minister in terms of section 22A of the Act;

 

"National Small Vessel Safety Regulations"

means the Merchant Shipping (National Small Vessel Safety) Regulations, 2007, published in terms of section 356 of the Merchant Shipping Act, 1951 (Act No. 57 of 1951) and promulgated in Government Notice No. R. 705 of 8 August 2007;

 

"personal watercraft"

means a vessel that uses an inboard motor powering a water jet pump as its primary source of propulsion, and is designed to be operated by a person or persons sitting, standing, or kneeling on, rather than within the confines of a hull;

 

"operate"

in respect of a vessel, includes mooring in the water, drifting in the water and ascending or descending from its mooring, the shore, launch site, a buoy or a jetty;

 

"Restricted Zone"

means an area within the Marine Protected Area where no fishing may take place, but where any other activity in terms of section 48A(1) of the Act may take place if authorised in terms of these regulations as contemplated in terms of section 48A(2);

 

"specific environmental management Act"

has the meaning assigned to it in the National Environmental Management Act;

 

"vessel"

means a waterborne craft of any kind whether a surface craft or submarine, and whether self-propelled or not, and includes any moored floating structure that can be used as a means of transport by water, and includes a personal watercraft, or hovercraft;

 

"WGS 84"

means the World Geodetic System of 1984 (G730), which is a geographic co-ordinate system.