Intellectual Property Rights from Publicly Financed Research and
R 385
National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)RegulationsAddo Elephant National Park Marine Protected Area Regulations4. General restrictions within the Marine Protected Area |
| (1) | No person may litter or leave any waste including fishing gear, hooks, bait packaging and fishing line within the Marine Protected Area. |
| (2) | No person may place any shark protection, exclusion or repelling device, equipment or infrastructure, including nets, within the Marine Protected Area without a permit from the Minister, which permit may be issued subject to conditions. |
| (3) | The management authority may in the management plan for the Marine Protected Area, an internal rule or Protected Area Notice, identify activities, except for those activities listed in section 48A(1) of the Act; which may be restricted, controlled, limited or prohibited and such areas must be indicated by demarcation buoys, demarcation markers or notice boards. |
| (4) | No person shall conduct or carry out any activity that is restricted, controlled, limited or prohibited in terms of subregulation (3). |
| (5) | No person shall except on the authority of the management authority, move, deface or otherwise interfere with any demarcation buoy, demarcation marker or notice-board within the Marine Protected Area. |
| (6) | No person shall moor, anchor or attach any vessel, to any demarcation buoy or demarcation marker within the Marine Protected Area. |
| (7) | No person shall within the Marine Protected Area be in possession of or have onboard a vessel, any fire-arm, air-gun, explosives or poison. |
| (8) | Subregulations (6) and (7) shall not apply to, an authorised officer, including an official of any organ of state while performing official duties within the Marine Protected Area. |
| (9) | For purposes of these regulations, explosives or fire-arms do not include the following devices: |
| (a) | a flare gun; |
| (b) | an illuminating rocket flare; |
| (c) | a Department of Transport approved projectile distress flare; |
| (d) | a Department of Transport approved hand-held distress flare; |
| (e) | a Department of Transport approved rocket parachute distress flare; |
| (f) | a Department of Transport approved floating orange smoke distress marker; and |
| (g) | a Department of Transport approved hand-held smoke distress marker. |
| (10) | The owner, skipper or operator of a vessel shall not enter or operate a vessel in the Marine Protected Area without a valid certificate of competence and certificate of fitness issued in respect of such vessel, and such original certificates must be available for inspection at all times. |
| (11) | A vessel shall not enter the Marine Protected Area unless the marking approved for that vessel in accordance with the provisions of the Merchant Shipping Act, 1951 (Act No. 57 of 1951), is displayed on the vessel at all times while the vessel is inside the Marine Protected Area. |
| (12) | The owner, skipper or operator of a vessel shall not enter or operate a vessel in the Marine Protected Area unless such vessel and any other equipment or contents of such vessel, comply with the safety and other requirements specified in the Merchant Shipping Act, 1951 (Act No. 57 of 1951) for such vessel. |
| (13) | No person may undertake white shark cage diving within the Marine Protected Area unless they are in possession of a valid permit in terms of the Threatened or Protected Marine Species Regulations. |
| (14) | Subject to any other authorisation required in terms of any other law, the management authority may issue a permit, or in any other way authorise, a person to undertake any activity listed in section 48A(1) of the Act, which is not specifically provided for in these regulations. |
| (15) | The permit or authorisation contemplated in subregulation (14) may only be issued if it does not conflict with the objects of the Act, these regulations, or a purpose for which the Marine Protected Area was declared. |
| (16) | No person shall arrange, organise, or participate in any fishing competition, swimming, rowing, yachting, motorised vessel event, race, or regattas, or any other event, unless authorised to do so in writing by the management authority. |
| (17) | No person or vessel, shall be in possession of or have on board, SCUBA diving gear and a speargun. |
