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Management and Use of the Berg River Estuary By-law, 2019
- Published in Western Cape Provincial Gazette no. 8124 on 5 July 2019
- Commenced on 1 September 2019
- [This is the version of this document from 5 July 2019 and includes any amendments published up to 15 December 2022.]
1. DefinitionsIn this by-law, the English text shall prevail in the event of an inconsistency between the different texts and unless inconsistent with the context -"authorised officer" means a member of the South African Police Services or any person authorised by the municipality to perform the functions of an authorised officer under this by-law and includes-(a)an Environmental Management Inspector;(b)a Fisheries Control Officer appointed in terms of the Marine Living Resources Act, 1998 (Act 18 of 1998);(c)an official of CapeNature; and(d)an official employed by any person or organisation with whom the municipality has entered into an agreement in terms of section 15 of this by-law."boat" means any conveyance capable of floating on or in water or designed to navigate on or in water and includes, but is not limited to a sailing boat, sailing board, kite-board, rowing boat, canoe, paddle ski, power boat, jet-driven boat, jet-ski, fishing boat, flat-bottomed boat, ferry, houseboat, pleasure boat, water cycle and raft and "vessel" has a corresponding meaning;"Bokkomlaan" means the channel of water closest to the Piketberg road and gravel road in Zone D extending from corner of Granaat Road and Bokkomlaan (gravel road) to "Die Slot";"bow" means the front part of the vessel;"by-law" means this by-law and any amendments thereto;"certificate of competence" means a certificate of competence issued to a skipper in terms of regulation 16(1) of the Regulations;"certificate of fitness" means a certificate issued in respect of a boat or vessel in terms of regulation 24 of the Regulations;"commercial purposes" means any boat that is used for reward or financial gain;"corridor" means where a zone has a corridor it is a passage through that zone where vessels may proceed at minimum planing speed purely to transit from one zone to another."Die Slot" is where the river narrows directly in front of the Velddrif Yacht Club on the west/east leg, before it turns to the south/north leg in Zone D; Die Slot is a no-wake zone;"harbour master" means the official responsible for enforcing the legislation applicable to Laaiplek Harbour, in order to ensure the safety of navigation, the security of the harbour and the correct operation of the port facilities;"houseboat" includes any boat, propelled under its own power, capable of being occupied by one or more persons, which is equipped with accommodation facilities and on which food preparation facilities and ablution facilities have been provided, but excludes a sailing boat and a cabin boat not equipped with ablution or cooking facilities;"launch site" is an area where a boat may legally be put to water from a trailer including private and municipal launch sites;"license" means a document issued as proof of permission from the municipality to operate or control a boat on the river;"municipality" means Bergrivier Municipality established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, and includes any political structure, political office bearer, duly authorised agent or any employee acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office bearer, agent or employee;"municipal manager" means the municipal manager appointed by the municipal council in terms of the Municipal Systems Act, 2000 (Act 32 of 2000);"no-wake zone" means an area in the river where the skipper or owner must operate or control a boat at a speed so as not to cause a wake or waves in the water;"operate" or "control" in relation to a boat means to launch, use, sail, navigate, recover or moor on the river;"owner" the person indicated as the owner of a boat on the license application submitted to the municipality;"permission" means the written permission of the municipality;"pleasure boat" means a boat that is used solely for sport and recreation;"POMA" means the Port Owen Marina Authority;"port" means the left hand side of the boat as seen from behind;"power boat" means a boat propelled primarily by mechanical means;"prohibited entry area" means that entry to such area by any person except an authorised official is prohibited;"rowing boat" means a boat designed to be propelled by means of oars or paddles;"sailing boat" means any boat which primary means of propulsion is the wind and is capable of being powered by wind under sail;"scuba diving" means sport diving for spear fishing or recreational diving but excludes maintenance or recovery or emergency diving."sewage" means drainage and wastes from toilets, urinals and wc scuppers, from medical premises via wash basins, wash tubs, and scuppers, from animal spaces and other wastes when mixed with drainages already listed and any drainage mixed with any of the wastes already listed."skipper" means the person on board operating or controlling a boat;"starboard" means the right hand side of the boat seen from behind;"the Regulations" means the Merchant Shipping (National Small Vessel Safety) Regulations, 2007."the river" means the Berg Rivier estuary in the area bounded by the line joining the inner breakwater lights at the river mouth and the line joining point (24) situated at 32°56'23.36"S, 018°26'06.96"E and point (25) situated at 32°56'23.49"S, 018°26'37.35"E."vessel" includes the meaning of a boat;"vicinity of the river" includes the properties adjacent to or in the immediate vicinity of the river;"visible" means visible by somebody with reasonable eyesight;"water area" means the area between the spring high water mark on both banks of the river and its mouth at any specific time;"water-skier" or "skier" means a person who is water-skiing; and"water skiing" includes towing a person or persons on any device behind a boat and the noun has a corresponding meaning;"zones" means the areas of the river designated by the municipality as management zones as detailed in Annexures A and B.
2. Purpose of by-law and application
3. Use of the designated management zones
Licensing of boats
4. Licensing of boats
5. Automatic lapsing or cancellation of licenses
Management and use of boats in the river
6. Rules regarding the management or use of boats on the river
7. Duties of a skipper
8. Prohibited behaviour
9. Equipment required on board a boat or vessel
10. Rules for water-skiing where permitted
11. Preventing pollution of the river
Fixing of tariffs, fees and levies
12. Fixing of tariffs, fees and levies
Powers of authorised officers
13. Powers of authorised officers
14. Removal of boats from the river
15. Delegation of powerThe municipality may delegate and or transfer any powers conferred on it under this by-law to any person or organisation, or enter into a service level agreement with any person or organisation, with the exception of the power to levy or determine fees.
16. Exemption from liability
17. Exemption from the provisions of this by-law
18. Conflict with other by-lawsIn the event of conflict between the provisions of this by-law and any other by-law of the municipality, the provisions of this by-law shall prevail.
19. AppealA person whose rights are affected by a delegated decision of the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefore in terms of section 62 of the Local Government: Municipal Systems Act, Act 32 of 2000 to the municipal manager within 21 days of the date of the notification of the decision.
21. Short title and commencementThis by-law may be cited as the By-Law relating to the Management and Use of the Berg River Estuary, with commencement date 1 September 2019.
History of this By-law
1 September 2019By-law commences.
5 July 2019 this versionPublished in Western Cape Provincial Gazette no. 8124
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