Statistics Act, 1999
R 385
National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)RegulationsPublic Launch Site Regulations2. Listings of public launch sites |
| (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. |
