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Recreational Water Use By-Law, 2018 4 Preamble 4 Chapter I Introductory Provisions 4 1 Laws.Africa Legislation Commons Cape Town, South Africa Recreational Water Use Legislation as at 2019-01-29. FRBR URI: /akn/za-cpt/act/by-law/2018/recreational-water-use/eng@2019-01-29 PDF created on 2020-03-02 at 04:17. There may have been updates since this file was created. Check for updates This is a free download from the Laws.Africa Legislation Commons, a collection of African legislation that is digitised by Laws.Africa and made available for free. www.laws.africa [email protected] There is no copyright on the legislative content of this document. This PDF copy is licensed under a Creative Commons Attribution 4.0 License (CC BY 4.0). Share widely and freely. Table of Contents Cape Town Table of Contents Recreational Water Use By-law, 2018 4 Preamble 4 Chapter I Introductory provisions 4 1. Definitions 4 2. Application 7 Chapter II Vessels 7 3. Vessel compliance and safety 7 4. Abandoned Vessels 8 5. Restrictions on use 9 6. Mooring of vessels 10 7. Power boats 10 8. Water skiing, aquaplaning and wake boarding 10 9. Structures 11 Chapter III Fishing 11 10. Restricted activities relating to recreational water 12 11. Prohibited ways of catching fish 12 12. General prohibitions relating to recreational water 12 13. Licences in relation to aquatic species 13 14. Aquatic vegetation 13 15. Exemption for scientific purposes 14 Chapter IV General 14 16. Water abstraction 14 17. General provisions 14 18. Swimming 14 19. Limitation of restrictions to the City 14 Chapter V Administration and co-operative governance 14 20. Administration and permissions 15 21. Right of entry and fees 15 22. Water Body Advisory Committees 15 23. Codes of practise 16 24. Safety Officers 16 25. Public notices 16 Chapter VI Compliance and enforcement 17 26. Authorised officials 17 27. Powers of authorised officials 17 28. Enforcement powers of peace officers and authorised officials 17 29. Impoundment or holding of goods 17 Chapter VII Offences and penalties 18 30. Offences 18 By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2 Laws.Africa CC-BY Table of Contents Cape Town 31. Penalties 18 Chapter VIII Legal and transitional provisions 19 32. Transitional provisions 19 33. Development and Amendment of Lists 19 34. Repeal of By-laws 19 35. Appeals 19 36. Short title and Commencement 19 Schedule 1 21 Repeal of By-Laws 21 Schedule 2 23 List of approved pictograms for use on recreational waters' notice board 23 Schedule 3 25 List of alien animals 25 By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3 Laws.Africa CC-BY Recreational Water Use By-law, 2018 Cape Town Cape Town South Africa Recreational Water Use By-law, 2018 Published in Western Cape Government Gazette no. 8033 on 29 January 2019 There are multiple commencements: [Up to date as at 28 February 2020] To regulate the use and control of recreational water within the jurisdiction of the City of Cape Town; to control the use of vessels thereon; so as to provide for safe and environmentally sensitive recreation; and to provide for matters incidental thereto. Preamble WHEREAS section 156(2) and (5) of the Constitution of the Republic of South Africa, 1996 provides that a municipality may make and administer by-laws for the effective administration of the matters which it has the right to administer, and to exercise any power concerning a matter reasonably necessary for, or incidental to, the effective performance of its functions; WHEREAS Part B of Schedule 5 to the Constitution of the Republic of South Africa, 1996 lists beaches and amusement facilities, local amenities, public places, local sport facilities and municipal parks and recreation as local government matters to the extent set out in section 155 (6)(a)and 155(7); AND WHEREAS the City of Cape Town has a responsibility in terms of the Constitution of the Republic of South Africa, 1996 and wishes to manage and control the recreational use of public inland waters, and the use of vessels thereon within its jurisdiction; AND NOW THEREFORE, BE IT ENACTED by the Council of the City of Cape Town, as follows:— Chapter I Introductory provisions 1. Definitions In this By-law, unless the context indicates otherwise— "abandoned" in relation to any vessel means to permanently relinquish ownership; "aircraft" means any object driven or propelled, or which glides on or over the surface of a public inland recreational water area, wholly or partly by mechanical or electrical power or which utilises electrical power in any way, in order to move through the airspace above a public inland recreational water area; "air-screw driven craft" means a craft that is driven by a propeller or air screw that is above the water; "alien" means any wild animal or fish that is not indigenous to the specified recreational water or any animal or fish listed in Schedule 3; "angling licence" means any licence required in terms of any Provincial or National law to angle for fish; "angling season" means the period of time stipulated in terms of any law or regulation, that is applicable for that species of fish, during which the catching of that species of fish is permitted; "animal" means any organism whose taxonomical classification belongs to the kingdom ANIMALIA; "aquatic animal" means an animal that lives in water for most or all of its life and includes fish, amphibians and invertebrate animals and the eggs or immature forms of any such animal; "aquaplaner" means a person being towed behind a vessel on a board, inner tube, tyre or other floating device; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4 Laws.Africa CC-BY Recreational Water Use By-law, 2018 Cape Town "aquaplaning" means to be towed behind a vessel on a board, inner tube, tyre or other floating device, including a wake board; "authorised official" means an employee of the City responsible for carrying out any duty or function or exercising any power in terms of this By-law and includes employees delegated to carry out or exercise such duties, functions or powers; "beaching" means to secure a vessel or any other object or body in water by pulling it on to the bottom or bank of a water body, or to allow the vessel or other object or body to drift on to such a bottom or bank; "boat" means an object driven or propelled on the surface of a public inland recreational water area by means other than mechanical or electrical; "catch" in relation to fish, means to take, whether alive or dead, injure, immobilise or kill or to attempt in any manner whatsoever to do so, or to pursue or wilfully disturb; "City" means the City of Cape Town, a municipality established by the City of Cape Town Establishment Notice No. 479 of 22 September 2000, issued in terms of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), or any structure or employee of the City acting in terms of delegated authority; "class of vessels" means any group of vessels that are similar and are recognised as such by the National body of that particular sporting code; "code of practice" means a written set of specific rules for the use of a specific recreational water body by users and are not contrary to this By-law; "electric boat" means any object capable of being driven or propelled through water or on the surface of water, exclusively powered by electricity; "firearm" means any device as contemplated by the Firearms Control Act, 2000 ( Act No. 60 of 2000) but excludes a starter pistol or similar signalling device; "fish" means any vertebrate animal of the Phylum Chordata and group Craniata that breathes primarily by means of gills; "fishing" means any activity aimed to trap, ensnare or obtain fish; "flare" means any device that creates a visual signal by means of combustion; "flora" means any flower, plant, shrub or tree or part thereof; "hook" means a fishing device that has one or more barbed or barbless tips and a single eye for attaching to a line; "hovercraft" means any vessel capable of being lifted above the ground by a cushion of air; "hunt" in relation to an animal, means to search for, pursue, kill, trap, snare, capture or attempt to do so in any way, or to follow or drive with intent to kill or capture, or to shoot at, poison, lie in wait for or wilfully to disturb; "indigenous" (a) in relation to a species, means a species that occurs, or has historically occurred, naturally in a free state in nature within the borders of the City; and (b) in relation to a specific plant or wild animal, means a plant or wild animal of a species referred to in (a); "jet ski" means any vessels propelled by a jet of water or internal propeller; "keep net" means a net specifically designed to temporarily hold fish alive in a water body; "kill switch" means a mechanism that is attached to the skipper or operator of a vessel and that stops the engine immediately when that person loses his or her footing or becomes otherwise incapacitated; "launch" means to place any boat, electrical boat or power boat on to a recreational water area; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 5 Laws.Africa CC-BY Recreational Water Use By-law, 2018 Cape Town "licence" means a licence issued by the City in terms of this By-law for which a tariff may be charged; "life jacket" means a personal buoyancy aid that is worn as a vest or belt and is approved by the South African Maritime Safety Authority (SAMSA) or other international Marine Safety Authorities; "model aircraft" means any miniature aircraft not capable of, or intended for
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