Amendments to Regulations in terms of section 44 of the National Environmental Management Act, 1998 (Act No. 107 of 1998): Control of Vehicles in the Coastal Zone (No. R. 1426 of 2004)

Government Gazette REPUBLIC OF SOUTH AFRICA Regulation Gazette No. 8113 Vol. 474 Pretoria 7 December 2004 No. 27066 AIDS HELPLINE: 0800-0123-22 Prevention is the cure ~ STAATSKOERANT, 7 DESEMBER 2004 No. 3 GOVERNMENT NOTICE DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM No. R. 1426 7 December 2004 NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 (ACT NO. 107 OF 1998) AMENDMENTS TO REGULATIONS PUBLISHED IN TERMS OF SECTION 44 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998: CONTROL OF USE OF VEHICLES IN THE COASTAL ZONE (GN 1399 OF 21 DECEMBER 2001) The Minister of Environmental Affairs and Tourism has amended the regulations that control vehicle use in the coastal zone (published in terms of section 44 of the National Environmental Management Act, 107 of 1998, on 21 December 2001) as set out in the Schedule. In addition, the Minister has published Guidelines on Implementation of Regulations Pertaining to the Control of Vehicles in the Coastal Zone: December 2004. 27066 REGULATION the 4 No. 27066 GOVERNMENT GAZETTE, 7 DECEMBER 2004 Schedule GENERAL EXPLANATORY NOTE: [ Words in bold NARROW and in square brackets indicate omissions from existing regulations. Words underlined indicate insertions in existing regulations. NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 107 OF 1998 AMENDMENT TO REGULATIONS: GN REGULATION 1399 OF 21 DECEMBER 2001: CONTROL OF USE OF VEHICLES IN THE COASTAL ZONE DRAFT AMENDMENT TO REGULATIONS To amend the Regulations governing the control of vehicle use in the coastal zone, to better regulate and licence applications; and to provide for incidental matters. Amendment of regulation 1 of GN Regulation 1399 of 21 December 2001 1. Regulation 1 of GN Regulation 1399 of 21 December 2001 (“the Regulations”), is hereby amended by: (a) the substitution of the definition of “boat launching site” with the following definition: ‘boat site’ means a site where members of the public or members of ornanised clubs use vehicles to launch boats or other vessels into the sea or into an and “licensed boat launching site” means a site that has a valid licence in terms of repulation 7:”; (b) the insertion of the following definition: Director-General’ means the Deputy Director-General of the Department of Environmental Affairs and Tourism: Branch Marine and Coastal Management:”; (c) the substitution of the definition of “estuary” with the following definition: means a partially or fully enclosed body of water through which a river or fresh water source is open to the sea or periodically. and in which the water level rises and falls as a result of the action of the tides whenever it is open to the sea. and or within which sea water can be diluted to an extent which is measurable with fresh water drained from land:”; (d) the insertion of the following definition: means the member of the executive committee responsible for environmental affairs in the provincial sphere of ] " launching " 'Deouty , " 'estuacy "'MEC' ARIAL pennits pennanently t·"· govemmen., estua I STAATSKOERANT, 7 DESEMBER No. 27066 5 (e) the insertion of the following definition: ‘private does not include a property with constructed buildings improvements:”; the substitution of the definition “provincial authority” with the following definition: ‘provincial authoritv’ means the head of the provincial department responsible for environmental affairs:”; (g) the deletion of the definition “recreational use area”. the insertion of the following definition: ‘tourism business’ means a commercial business using vehicles in the coastal zone for the purpose of promoting and handling of tours and which tourist guides:”; (i) the insertion of the following definition: ‘tourist guide’ means a tourist guide as defined in the Tourism Act. 72 of 1993.” Amendment of regulation 2 of the Regulations 2. Regulation 2 of the Regulations is hereby substituted with the following: who causes. has caused or may cause pollution or degradation of the environment the use of a vehicle in the coastal zone must take reasonable measures to prevent such pollution or degradation from continuing. recurring or or, in so far as such harm to the environment is authorised law or cannot reasonably be avoided or stopped, to minimise and rectify such or degradation of the environment at that person’s own cost. Amendment of regulation 3 of the Regulations 3. Regulation 3 of the Regulations is hereby amended as follows: “(c) is authorised in terms of an exemption granted by the Minister under regulation or (d) is lawful in terms of regulation Amendment of regulation 4 and renumbering of regulation of the Regulations 4. Regulation 4 of the Regulations is hereby amended by the amendment of the following sub-regulations, the insertion of the following sub-regulation and sub-regulation is renumbered as 2004 " property' unlawfullv or (t) " (h) " emolovs " Everv oerson b occurring bv oollution 20· , 22." 4(a)(vii) 4(a)(vii) 4(a)(vi): 6 No. 27066 GOVERNMENT GAZETTE, 7 DECEMBER 2004 “(a) the use by any person of any vehicle (ii) on private land the owner or with the permission of the owner or occupier of that land; (b) the use of any vehicle within a boat launching site in accordance with the licence issued in terms of regulation 7 for that boat launching site. provided that a vehicle mav be used on a private slipway in respect of which a lease has been manted in terms of the Seashore Act, 1935 (Act No. 21 of the use of a vehicle in the coastal zone members of the National Sea Rescue Institute or Lifesaving South Africa in the public interest.” Amendment of regulation 5 of the Regulations 6. Regulation 5 of the Regulations is hereby amended by substituting references to the [Director-General] with the Deputv Director-General, by substituting references to section with section and by deleting sub-regulation (6). Amendment of regulation 6 of the Regulations 7. Regulation 6 of the Regulations is substituted with the following: “Permits to use vehicles in the coastal zone 6 A permit to use a vehicle in the coastal zone may be issued the Deputv Director-Genera1 for the of carrying on a non-recreational activity in terms of a right, permit or exemption granted under the Marine Living Resources Act. 18 of 1998; (b) scientific research; (c) on a tourism business; (d) accessing private property provided there is no reasonable alternative access to the programme; an advertisement. feature film, still photograph or a television access bv a disabled person; (g) on an organised recreational sport fishing competition. All applications for permits shall be directed to the Deputy on a stipulated form. When issuing a permit, the Deputy Director-General impose such conditions as he or she considers conducive to the achievement of the obiectives of the Regulations. J4) A permit may be issued in terms of sub-regulation if the applicant by lawful 1935): e b {24(7)] 24(4) 1 bv ouroose (a) carrvin2 (e) (f) ob¥sicall¥ carrying (2) Director-General ma (a) 6 (l l(ru STAATSKOERANT, 7 DESEMBER 2004 No. 27066 7 (i) pays the fee stipulated the Deputy Director-General; (ii) demonstrates that the use of a vehicle is required in the coastal zone to effectively carry on the non-recreational activity authorised in terms of the Marine Living Resources Act. 18 of 1998: that the intended vehicle use will not cause significant harm to the coastal zone: and that members of the public will be able to continue to safely use and eniov that part of the coastal zone. Such a permit may be issued for any period. provided that the permit shall expire upon the expiration or reversion of the right, permit or exemption granted under the Marine Living Resources Act. The Director-General may authorise this permit to be transferred if sound reasons exist. A permit be issued in terms of sub-regulation if the apulicant (i) demonstrates that the use of the vehicle is required to effectively (ii) provides a detailed research proposal approved by a recognised institute that the intended vehicle use will not cause significant harm that members of the will be able to continue to safelv out the scientific research; established for the purpose of scientific research; to the coastal zone: and use and eniov that of the coastal zone. Such a uermit may be issued for a maximum of twelve months. urovided that it may be renewed on to the Director-General. This uermit is not transferable. A permit may be issued in terms of sub-regulation if the apulicant the fee stipulated the Deuuty (ii) provides proof of registration of its tourist and couies of all applicable marketing material in of the intended tour or tours in the coastal zone; (iii) has complied with the requirements of section of the Act; (iv) demonstrates that the intended vehicle use will not cause significant (v) demonstrates that members of the public will be able to continue to harm to the coastal zone: and use and that part of the coastal zone. Such a uermit shall be issued for a maximum period of sixty months and shall not be transferable, but may be renewed on to the Deputy Director-General against the stipulated fee. (b) (c) (5) (a) Cb) (6) (a) application (iii)demonstrates (iv)demonstrates (iii)demonstrates (iv)demonstrates part application by 6(1}(b} ca oubljc period Deputy 6(l)(c) (i) ,i,!p!o!:ay==s----!:!:aj:!jgp~]:!::!:ic=!a:1:1fi:!:!:o!:!,o------ubv ---:-::t=Q!:!:!jr:!::!P.i!:!!Ct:!1!9=~=·0!:l:e!!::!oi!:!!eca=:!:!:!:t.l • guides respect 24(4) safely enjoy application 8 No. 27066 GOVERNMENT GAZETTE, 7 DECEMBER 2004 7 A permit be issued in terms of sub-regulation if the applicant provides proof that the property is lawful; (ii) demonstrates that no alternative access route to the (iii) demonstrates that the intended vehicle use will not cause significant (iv) demonstrates that members of the public will be able to continue to property exists; harm to the coastal zone: and safely use and eniov that of the coastal zone. Such a permit may be issued for a maximum period of months. urovided that it may be renewed on application to the Deputv Director-General. A uermit may be issued in terms of sub-regulation if the apulicant pays the application fee stipulated by the Deputy Director-General; (ii) provides an independent environmental reuort on the effects of the proposed vehicle use on the coastal zone; (iii) provides a detailed description of the proposed advertisement, production or filming activity and the of the proposed vehicle use; (iv) demonstrates that the intended vehicle use will not cause significant harm to the coastal zone: and (v) demonstrates that members of the public will be able to continue to safely use and that Dart of the coastal zone. Such a permit shall be issued for the duration of the production up to a maximum of days and cannot be transferred. A permit may be issued in terms of sub-regulation if the applicant the application fee stipulated the Deputy Director-General; (ii) provides confirmation from the National Council with Physical Disabilities in South Africa that he or she is a physically disabled person; (iii) demonstrates that the intended vehicle use will not cause harm to the coastal zone: and (iv) demonstrates that members of the public will be able to continue to safely use and enioy that of the coastal zone. Such a permit may be issued for a maximum period of three provided that it be renewed on application to the Deputy Director General. {a) may 6{1)(d) (i) reasonable .,art (b} sixty (8) {a} 6(l)(e) (i) possible nurnose thirty (9) (a) 6(1)(f) (i) mitten fQr~~rsons siwiificant part Cb} l:'.~11ts. ma STAATSKOERANT, 7 DESEMBER 2004 No. 27066 9 A permit may be issued in terms of sub-regulation if the apulicant (i) pays the apulication fee stipulated the Deputy Director-General; (ii) demonstrates that the event is an ornanised sport fishing event held under the auspices of a recognised national or provincial fishing organisation; (iii) demonstrates that the intended vehicle use will not cause significant harm to the coastal zone: and (iv) demonstrates that members of the will be able to continue to safely use and eniov that part of the coastal zone. Such a permit may be issued for a maximum period of one year, provided that the permit shall be issued for specified organised recreational fishing competitions. When considering an application for a permit submitted in terms of this regulation to use a vehicle in the coastal zone under the iurisdiction of a manager of a coastal protected area, the Deputy Director-General shall issue a decision on the consulting with the of the coastal protected area. Notwithstanding to the contrary in this regulation, the Director General may require an applicant to fulfil the requirements of section of the Act in respect of the investigation. assessment and communication of the potentia1 impact of the activity concerned.” Amendment of regulation 7 of the Regulations 8. Regulation 7 of the Regulations is hereby substituted with the following: “Licence for boat launching sites 7. No person shall be entitled to use a vehicle in the coastal zone for the puruose of launching or landing vessels from a boat launching site that is not terms of this regulation, unless such use is a permissible use. An application for a licence shall be made to: (a) the of the coastal protected area. if the boat launching site is situated in a coastal protected area that has been designated an area of national or international significance or if the boat launching site is under the iurisdiction of the South African National Parks authority. provided that where the apulicant for a licence is a manager of a coastal protected area, the application shall be made to the Deputy Director-General: or (b) the authority. if the boat launching site is situated in any other area or iurisdiction. 00) (a) 6(1)(g) b recreational sport ll lie sport application after manager (12) anything Deputy 44 r zf"·-1cense m 2 provincial 10 No. 27066 GOVERNMENT 7 DECEMBER 2004 When issuing a licence. the manager of the coastal protected area. the Director-General or a provincial authority may imuose condition considered to be conducive to the achievement of the obiectives of the Regulations. A licence shall be issued the manager of the coastal urotected area, the Director-General or the provincial authority. as the case may be. if the pays an application fee of R 5000.00 (five thousand rand) for each boat launching site sought to be licenced; (ii) with the requirements of section of the Act relating to the investigation. assessment and communication of the uotential imuact of the activities associated with boat launching at the site; (iii) demonstrates that vehicle use in the boat launching site area will not cause significant harm to the coastal zone: and (iv) submits an environmental management A licence shall be issued for a maximum period of sixty months and shall be cauable of beinp renewed on apulication and against of a fee of R1OOO.OO (one thousand rand) Amendment of regulation 8 of the Regulations 9. Regulation 8 of the Regulations is hereby amended by substituting references to section with section and the insertion of the following in sub-regulation An applicant for a permit under regulation or for a licence under regulation 7 must fulfil the requirements of section of the Act in respect of the investigation, assessment and communication of the potential impact of the activity concerned.” 10. 11. 12. Deletion of regulation 9 of the Regulations Regulation 9 of the Regulations is deleted. Deletion of regulation 10 of the Regulations Regulation of the Regulations is deleted. Amendment and re-numbering of regulation 11 of the Regulations Regulation of the Regulations is re-numbered as regulation 9, is amended by substituting the reference to section with section and by the insertion of the following: GAZETTE, (3) Deputy anv (4) only by Deputy aoolicant (i) complies 24(4) plan. 5 oavment (24(7)] 8(1): "8. 6@ 24(4) 11 [24(7)] STAATSKOERANT, 7 DESEMBER 2004 No. 27066 11 Amendment and re-numbering of regulation 12 of the Regulations 13. Regulation 12 of the Regulations is re-numbered as regulation is amended by substituting the reference to section with section and by the insertion of the following: The relevant authoritv referred to in regulation 6 or may refuse to consider an incomplete application for a permit or licence. (3) The relevant authoritv referred to in regulation 6 or or in the case of a matter referred to in regulation 9, the Director-General,] must refuse the application if it reasonably believes (4) I f the said authorities [or the decide . . .. (5) [A permit under regulation 6 must not be granted for a period of more than 12 months and a boat launching site licence under regulation 7 must not be granted for a period of more than 36 months.]” Amendment and re-numbering of regulation 13 of the Regulations 14. Regulation 13 of the Regulations is hereby re-numbered as regulation 11 and amended by the insertion of the following: The relevant authoritv referred to in regulation 6 or or in the case of a matter referred to in regulation ‘9, the Director-General,] must issue a written record of the decision.. signature of person who represents the relevant authority [or the Director-General];” Amendment and re-numbering of regulation 14 of the Regulations 15. Regulation 14 of the Regulations is hereby re-numbered as regulation 12 and is substituted with the following: 12. (1) An appeal against a decision by the Deputy Director-General or manager of a coastal protected area taken in terms of regulation 5. regulation 6 or as the case be, shall be made to the Minister. An appeal the decision of the provincial authority taken in terms of regulation shall be to the MEC of that province. The decision of the authority shall be final. "10. (I) "11. (1) " <2l m the "Appeals mav (2) 1(2}(b) (3) [24(7)] Oirector,General] the against aooeal 24(4) 7(2) 7(2) {, 7(2) [, 10, reQu}ation 7(2)(a). 12 No. 27066 GOVERNMENT GAZETTE, 7 DECEMBER 2004 An must be lodged in writing and shall state the grounds on which it is based and may be accompanied documents that are certified as true copies of the original. An appeal must be lodged within 30 after the date of the record of decision issued in terms of regulation Amendment and re-numbering of regulation 15 of the Regulations 16. Regulation 15 of the Regulations is re-numbered as regulation 13 and is amended as follows: Subject to sub-regulation a permit or licence issued under these regulations may at any time be suspended, cancelled or amended.] The relevant authority that issued the permit or licence may suspend, cancel or amend it if (a) the relevant authority [or Director-General] is satisfied [on the basis of information that was not considered when the permit or licence was issued,] that the permit holder or licence holder is in breach of a condition imposed the relevant authority; is necessary or desirable to suspend, cancel or amend the permit or licence to prevent .deterioration or further deterioration of the quality of the environment within the coastal zone;] [(b) other similar permits or licences held by other persons in the same vicinity have also been reviewed and the suspension, cancellation or amendment does not unfairly discriminate against the holder in relation to other holders of similar permits or licences in the same vicinity;] after the holder of the permit or licence was given an to with the condition. and failed to do so: and the holder of the uermit or licence was given an opportunity to make written reuresentations to the relevant authority. A permit or licence may not be amended in such a way that the period for which it is valid exceeds the maximum period for which it may be issued.] I f the Minister has reason to believe that a permit or licence issued by [an] the authority under these regulations is inconsistent with the national environmental management principles in Chapter 1 of the Act or with any other provision of the Act or these regulations, the Minister may intervene and [direct the authority to review the decision and within a specified period either (a) suspend, cancel or amend the permit or or (b) to give reasons to the Minister why it does not intend doing so.]” (4) :u.. [(1) [(2) (l) appeal b ti It to] (2), onl b opportunity complv relevant licenceJ; STAATSKOERANT, 7 DESEMBER 2004 No. 27066 13 Amendment and re-numbering of regulation 16 of the Regulations 17. Regulation 16 of the Regulations is re-numbered as regulation 14 and is amended as follows: at any time within 30 days of the alleged commission of the offence, issue summons in terms [of section of the Criminal 1977 (Act No. 51 of 1977) to any person he or she has reasonable grounds to believe has committed or is committing an offence in terms of these regulations. Any person issued with a summons in terms of sub-regulation may in terms [of section of the Criminal Procedure Act, 1977 (Act No. 51 of pay an admission of guilt fine of Amendment and re-numbering of regulation 17 of the Regulations Regulation 17 of the Regulations is re-numbered as regulation 15 and is amended follows: “15 Any person who has been granted a permit to use a vehicle in the coastal zone under these regulations, or any person whose application for an exemption under regulation been granted, must immediately produce such permit or proof of such exemption if requested to do so by an authorised Amendment and re-numbering of regulation 18 of the Regulations 19. Regulation 18 of the Regulations is re-numbered as renulation 16 and is amended as follows: If any vehicle has been seized in terms of regulation a person who has been properly charged with an offence in relation thereto fails to appear to the charge within 90 days of the seizure, the Director-General may apply to the ‘for it to be forfeited to the State and the court shall make any order it considers appropriate.” Re-numbering of regulation 19 of the Regulations 20. Regulation 19 of the Regulations is re-numbered as regulation 17. Amendment and regulation 20 of the Regulations 21. Regulation 20 of the Regulations is re-numbered as regulation 18 and is amended as follows: "14(1 )( c) 14(2) 1977), 18. (3) [22] 2Q has "16 (2) 54] whom 54] R2000." officer." re-numbering ·of Procedure· Act, [16] li(l)(c) [16) li, and answer court· as 14 No. 27066 GOVERNMENT GAZETTE, 7 DECEMBER 2004 “18 (a) a person was sitting behind the wheel or at the controls of a vehicle. whether or not the vehicle was stationary. [,that person is presumed, unless the contrary is proved,] shall be prima facie proof that the person was using that vehicle in that place. a person used a vehicle in the coastal zone other than on a public road, that person is presumed, unless the contrary is proved, to have used] it shall be prima facie proof that the vehicle was used in a manner that was not permissible under regulation 4; was not authorised in terms of a permit granted under regulation 6 or an exemption under regulation 20, and was not in terms of regulation Re-numbering of regulation 21 of the Regulations 22. Regulation 2 1 of the Regulations is re-numbered as regulation 19. Amendment and re-numbering of regulation 22 of the Regulations 23. Regulation 22 of the Regulations is re-numbered as regulation 20 and substituted with the following: “20 person. including an organ of state, may apply in writing to the Minister for exemption from with any of the requirements specified in regulations 6. 7 or 8 for the granting of a permit. licence or the carrying on of an environmental assessment in terms of section of the Act, respectively, and the Minister shall only issue an exemption if satisfied that granting such exemption will not result in significant harm to the coastal zone, will not seriously affect any of the general public to the coastal zone, and is in the public interest, alternatively in the interests of protecting the environment.” Re-numbering of regulation 23 of the Regulations 24. Regulation 23 of the Regulations is re-numbered as 21 and substituted with . the following: “Conflict and Repeal 21. The regulations will prevail if there is conflict between of the provisions in them and other regulations. by-laws or other subordinate legislation relating to the use of vehicles in the coastal zone made under any Act, to these regulations coming into force. The General Policy published in terms of the Environment Conservation Act, 1989 (Act No. 73 of 1989): Control of Vehicles in the Coastal Zone, promulgated as Government Notice No. in the Government Gazette of April 1994 is hereby repealed.” r i! Cb) [, [22] lawful [24] 22." An complying 24 4 rights enjoy re1mlation (I) any anv an rior 2 858 STAATSKOERANT, 7 DESEMBER 2004 No. 27066 15 Amendment and re-numbering of regulation 24 of the Regulations 25. Regulation 24 of the Regulations is renumbered as regulation 22 and substituted with the following: “Transitional provisions 22. of the coastal zone designated a recreational use area under regulation 5 of the Regulations, any permit issued under regulation 6 of the Renulations. any licence issued under regulation 7 of the Regulations and any exemution granted under regulation 20 of the shall remain valid until revocation of the designation. of the record of decision or the of the exemption, as the case be.” Re-numbering of regulation 25 of the Regulations 26. Regulation 25 of the Regulations is hereby re-numbered as regulation 23. Title and Commencement 27. These Regulations are called the Amendments to the Regulations that Control Vehicle Use in the Coastal Zone, 2004, and shall commence on 03 December 2004. An art Regulations expiry expiry may