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

Regulations

Aliwal Shoal Marine Protected Area Regulations

5. Use of vessels

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(1) No person may moor or anchor any vessel in a, Restricted or Controlled-Pelagic Linefish zone of the Marine Protected Area except—
(a) under conditions of force majeure;
(b) for the use of a vessel by an employee of the Department or any other organ of state acting in the course and scope of their employment or mandate; or
(c) for any vessel which has a permit in terms of these regulations for any activity which requires anchoring or mooring.

 

(2) Despite sub-regulation (1), the Minister may, on application and on such conditions as he or she may deem appropriate, authorise the anchoring or mooring of a vessel in the following circumstances:
(a) in an emergency; or
(b) where the Minister may deem it to be necessary in order to ensure the proper management of the Marine Protected Area.

 

(3) The Minister may verbally authorise a vessel to moor or anchor within a Restricted or Controlled-Pelagic Linefish zone of the Marine Protected Area as contemplated in sub-regulation (2), which verbal authorisation must be confirmed in writing within 3 working days.

 

(4) Any motorised vessel that enters or traverses a Restricted Zone within the Marine Protected Area may not stop for more than 3 minutes, or move at less than—
(a) 5 knots if such vessel is 10 meters or more in length; or
(b) 3 knots if such vessel is less than 10 meters in length,

unless authorised in terms of these regulations.

 

(5) Sub-regulation (4) does not apply to a SCUBA diving vessel, or in the CORZ and PORZ.

 

(6) A motorised vessel entering or traversing a Restricted Zone within the Marine Protected Area with fishing gear on board must have a Global Positioning System (GPS) Mapping Device with an active trail operational on the vessel, prior to entering and while traversing a Restricted Zone within the Marine Protected Area and such GPS data may not be deleted from this device for 7 calendar days after passing through a Restricted Zone.

 

(7) A motorised vessel required by law to have a Vessel Monitoring System must, when entering or traversing the Marine Protected Area with fishing gear on board, ensure that the Vessel Monitoring System is active.