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

Regulations

Aliwal Shoal Marine Protected Area Regulations

5. Use of vessels

 

(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.