Johannesburg
South Africa
Nature Reserves By-law, 2026
Notice is given in terms of section 13(a) of the Local Government: Municipal Systems Act, 32 of 2000, the City Manager of the City of Johannesburg Metropolitan Municipality hereby publishes, in terms of Section 156(2) read with section 162 of The Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), that the City of Johannesburg Metropolitan Municipality has adopted the Nature Reserves by-laws, as set out hereunder.The by-laws were duly approved by the Municipal Council on 2 December 2025 and is hereby published for general information.The City of Johannesburg Nature Reserves by-laws shall come into operation on the date of publication of this notice in the Provincial Gazette, in accordance with section 13(2) of the Local Government: Municipal Systems Act, 32 of 2000.Preamble
Whereas the City of Johannesburg is the designated management authority, appointed by the MEC, for nature reserves declared in terms of section 23 of the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003).And 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 local amenities 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 Johannesburg has a responsibility in terms of the Constitution of the Republic of South Africa, 1996 and the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003) to manage, and control the use of nature reserves within its jurisdiction.Now and therefore, be it enacted by the Council of the City of Johannesburg, which Council has approved the By-laws on 2 December 2025, as follows:Chapter 1
Introductory provisions
1. Definitions
(1)In this by-law, unless the context indicates otherwise:“aircraft” means any object driven or propelled, or which glides on or over the surface of a nature reserve, wholly or partly by mechanical or electrical power, in order to move through the airspace above a nature reserve.“angling/angle” means the catching of fish in a water body by means of a line and hook, whether or not any rod or lure is used, and includes any such attempt or assistance, and includes the use of a landing-net or keep-net to land and keep fish caught by means of a line and fish-hook;“animal” means any organism whose taxonomical classification belongs to the kingdom animalia.“authorised official” means:(a)any official of the Council or of an entity of Council;(b)an employee of a management authority, or other person, acting as such on the written authorisation of a management authority;(b)an enforcement officerwho is authorised to administer, implement, and enforce the provisions of these by-laws.“the Act” means the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003).“Biodiversity Act” means the Biodiversity Act, no. 10 of 2004;“Biological resource” means any resource consisting of;(a)a living or dead animal, plant or other organism of an indigenous species;(b)a derivative of such an animal, plant or other organism, as defined in section 1 of the Biodiversity Act or(c)any genetic material of such animal, plant or other organism, as defined in section 1 of the Biodiversity Act;“bioprospecting” has the meaning assigned to it in section 1 of the Biodiversity Act;“capture” in relation to an animal, means, to catch or to take alive without killing the animal and includes an attempt or pursuit with the intent to capture, to catch or to take the animal alive;"code of conduct" means a written set of specific rules for the use of a specific nature reserve by users which are not contrary to this by-law;“Council” means:(a)the Metropolitan Municipality of the City of Johannesburg established by Provincial Notice No 6766 of 2000 dated 01 October 2000, as amended, exercising its legislative and executive authority through its municipal Council; or(b)its successor in title; or(c)any municipal entity, structure or person exercising a delegated power or carrying out an instruction, where any power in these by-laws has been delegated or sub-delegated, or an instruction given, as contemplated in section 59 of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000); or(d)a service provider fulfilling a responsibility under these by-laws, assigned to it in terms of section 81(2) of the Local Government: Municipal Systems Act (Act No. 32 of 2000) or any other law, as the case may be.“Criminal Procedure Act” means the Criminal Procedure Act, 1977 (Act 51 of 1977);“domestic animal” means any horse, pony, mule, donkey, cattle, pig, sheep, goat, camel, reptile, dog, cat, rabbit, and any other livestock, exotic animal or pet;“encroachment” means any object, natural or manmade, including but not limited to: plant material or an item or structure of personal property, which is left or installed on property, designated as a nature reserve;“enforcement officer” means a peace officer as contemplated in terms of section 334 of the Criminal Procedure Act and includes:(a)a member of the South African Police Services (SAPS);(b)a member of the Johannesburg Metropolitan Police Department (JMPD);(c)any authorised official who is designated as a peace officer;“environment” means the surroundings within which humans exist and that are made up of:(a)the land, water and atmosphere of the earth;(b)micro-organisms, plant and animal life;(c)any part or combination of paragraphs (a) and (b) and the interrelationships among and between them; and(d)the physical, chemical, aesthetic and cultural properties and conditions of the foregoing that influence human health and well-being;“environmentally sustainable” means the exercising of any decision-making powers or performance of any activities in a manner aimed at ensuring that(a)the risk of harm to the environment and to human health and safety is minimised to the extent reasonably possible under the circumstances;(b)the potential benefits to the environment and to human health and safety are maximised to the extent reasonably possible under the circumstances; and(c)legislation intended to protect the environment and human health and safety is complied with;“graffiti” means any unauthorised inscription, word, figure, or design that is marked, etched, scratched, drawn or painted on any surface within a nature reserve, including but not limited to buildings, walls, signs, structures or places, rocks, trees, stumps or logs, or other surfaces, regardless of the nature of the surface or its location in the nature reserve;“local protected area” means a nature reserve or protected environment managed by a municipality;“management” in relation to a nature reserve, includes control, protection, conservation, maintenance and rehabilitation of the nature reserve with due regard to the use and extraction of biological resources, community-based practices and benefit-sharing activities;“management authority” means, in relation to a nature reserve, the municipal entity or other institution or person in which the authority to manage and control the nature reserve is vested through powers delegated to it by Council;“management plan” means a plan drafted and submitted to the MEC in compliance with section 39(2) of the Act;“model aircraft” means any miniature aircraft not capable of or intended for the conveying of persons, which is controlled from a remote location and includes recreational/toy drones;“municipality” means a municipality established in terms of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);“Municipal entity” means:(a)a private company referred to in section 86B(1)(a) of the Municipal Systems Act;(b)a service utility; or(c)a multi-jurisdictional service utility;“Municipal manager” means a person appointed as such by the Council in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act No 117 of 1998);“municipal property” means any structure or thing owned or managed by or on behalf of the Council and which is incidental to the use and enjoyment of a nature reserve and includes any building, lapa, kiosk, bench, picnic table, playground and any other equipment, fountain, statue, monument, fence, pole, notice, sign, enclosure, cage, railing, walkway, ticket booth, turnstile or wall;“Municipal Systems Act” means the Local Government: Municipal Systems, 2000 (Act No. 32 of 2000);“nature reserve” means an area proclaimed, protected or published in any government or provincial gazette in terms of any law for the purposes of nature conservation in the Council, and which is managed by the Council or designated management authority where there is a co-management agreement in place;“nature area” means any area set aside, unproclaimed, and managed as a nature area for nature conservation objectives by the Council or landowner where there is a co-management agreement in place.“NEMA” means the National Environmental Management Act, 1998 (Act 107 of 1998).“notice” means a clear and legible official notice drawn up by the Council in English and one other official language and displayed prominently in a nature reserve;“nuisance” means an unreasonable interference or likely interference with:(a)the health or well-being of any person;(b)the use and enjoyment by an owner or occupier of his or her property; or(c)the use and enjoyment by a member of the public of a nature reserve;“open access areas” means a portion of a nature reserve which can be entered and traversed by any means where entry to such portion of the nature reserve is not restricted or controlled by any access point or gate;“operating times” means the period of time between and including the opening time and closing time of a nature reserve as depicted on a notice board;“overnight” means to be present and includes camping in designated areas in a nature reserve between sunset and sunrise;“peace officer” means a person appointed as a peace officer in terms of section 334 of the Criminal Procedure Act;“permit” means a valid and subsisting permit issued by the Council pursuant to this by-law;“pick” includes cut, chop off, take, gather, pluck, uproot, break, damage or destroy;“pollution” means any change to the environment caused by:(a)substances;(b)radioactive or other waves;(c)noise, odours, dust or heat.“prescribed fee” means a fee determined by the Council by resolution in terms of section 10G(7)(a)(ii) of the Local Government Transition Act, 1993 (Act No. 209 of 1993), or any other applicable legislation;“prohibited activity” means any activity or behaviour, which is prohibited in terms of Chapter 6 from being undertaken in a nature reserve, either completely or without the requisite permission having been granted by the Council;“recreational area” means any area set aside in terms of the management plan for general or specific recreational use by the public inside a nature reserve;“recreational water” means any inland water body, lake, river, stream, wetland, vlei, dam, estuary or portion thereof, which is owned or managed by the Council, and includes the verges or banks of such areas, against which water may tidally, periodically or seasonally rise, and which is also owned or managed by the Council;“remotely piloted aircraft system” (RPAS) means an unmanned aircraft which is piloted from a remote pilot station and includes the RPAS commonly referred to as drones;“species” means a kind of animal, plant or other organism that does not normally interbreed with individuals of another kind, and includes any subspecies, cultivar, variety, geographic race, strain, hybrid or geographically separate population;“specimen” means:(a)any living or dead animal, plant or other organism;(b)a seed, egg, gamete or propagule or part of an animal, plant or other organism capable of propagation or reproduction or in any way transferring genetic traits;(c)any derivative of any animal, plant or other organism; or(d)any goods which:(i)contain a derivative of an animal, plant or other organism; or(ii)from an accompanying document, from the packaging or mark or label, or from any other indications, appear to be or to contain a derivative of an animal, plant or other organism;“stormwater system” means both the constructed and natural facilities, including pipes, culverts, water courses and their associated floodplains, whether over or under public or privately owned land used or required for the management, collection, conveyance, temporary storage, control, monitoring, treatment, use and disposal of stormwater;“vehicle” means a device designed or adapted mainly to travel on wheels, but excludes a wheelchair and children’s pushchair and perambulator;“vessel” means a power boat, electrical boat, boat, sail boat, windsurfing board, kitesurfing board and any manner of canoe or paddle boat, including any flotation device that can be stood on, sat on or in, irrespective of whether it is powered by mechanical, electrical or manual means;“visitor area” means any reception area, accommodation unit, camping site, picnic site, viewing hide or any similar area demarcated for visitors to a nature reserve to alight from a vehicle or otherwise remain;“water area” means the water and the bottom or floor of any tidal lagoon, natural lake, tidal river, river or stream, dam, impoundment or wetland or any part thereof, situated within a nature reserve, and includes the water and the land between the lowest line and the highest line to which the water level of such a tidal lagoon, natural lake, tidal river, river or stream, dam, impoundment or wetland or any part thereof may recede or rise at any time;“written authorisation” means written consent issued by an authorised official of the Council in terms of this by-law, and includes any permit issued in terms of these by-laws.2. Application of by-laws
These by-laws apply to any area, falling under the jurisdiction of the Council, which is:(a)proclaimed or recognised as a protected area in terms of the Act;(b)managed as a nature area with an in-perpetuity agreement with the landowner and registered against the title deeds, or(c)land acquired by the Council for the express purposes of nature conservation and where such intent is adopted through a Council resolution.3. Purpose of by-laws
The purpose of these by-laws is to provide, in conjunction with other applicable legislation, an effective legal and administrative framework:(a)to ensure that the way in which the Council controls, manages and develops its nature reserves is environmentally sustainable, and is in the long-term interests of the whole community of Johannesburg, including future generations; and(b)clearly defines the rights and obligations of the public in relation to such nature reserves.Chapter 2
Management and adminstration
4. Principles of by-laws
(1)Nature reserves must be managed and, where appropriate, sustainably developed, in the interests of the whole community, and in determining the interests of the whole community:(a)the long-term collective interests of the people of Johannesburg, and of South Africa, must be prioritised over the interests of any specific interest group or sector of society;(b)a long-term perspective, which takes into account the interests of future generations, must be adopted; and(c)the interests of other living organisms which depend on nature reserves must be taken into account.(2)Nature reserves must be managed in an environmentally sustainable manner.(3)Subject to the provisions of subsection (5), people must be given access to nature reserves on a non-discriminatory and equitable basis.(4)If necessary, special measures must be taken to facilitate access to nature reserves by historically disadvantaged persons and by disabled persons.(5)Access to a nature reserve may be restricted in a manner, which does not discriminate unjustifiably against any person or class of persons:(a)if the restriction is authorised by these by-laws or by any other law; or(b)in order to achieve the purposes of these by-laws.(6)The recreational, educational, social and other opportunities which nature reserves offer must be protected and enhanced to enable local communities, particularly historically disadvantaged communities, and the public to improve and enrich their quality of life.(7)Local communities must be encouraged to use and care for nature reserves in their areas.(8)The natural environment and heritage resources within nature reserves must be identified, preserved, protected and promoted, for the benefit of the local community, the public and future generations.5. Application of principles
(1)The nature reserve management principles set out in section 4, and the national environmental management principles set out in section 2 of the National Environmental Management Act must be considered and applied by any person:(a)exercising a power or function or performing a duty under these by-laws;(b)formulating or implementing any policy which is likely to have a significant effect on, or which concerns the use of a nature reserve within the Council’s jurisdiction; or(c)exercising a public power or function or performing a public duty which is likely to have a significant effect on, or which concerns the use of a nature reserve.6. General powers and functions of Council
(1)The Council may, in relation to any nature reserve:(a)designate any area within a nature reserve as an area within which one or more activities otherwise prohibited in terms of these by-laws may be undertaken, and display a prominent notice to this effect at every entrance to the designated area;(b)develop any nature reserve space in accordance with the principles set out in section 4;(c)erect, construct, establish or demolish municipal property; and(d)exercise any other power reasonably necessary for the discharge of the Council’s obligations in terms of these by-laws relating to the management of nature reserves.(2)The Council may in managing any nature reserve:(a)manage breeding and cultivation programmes, and may reserve areas in a nature reserve as breeding places and nurseries;(b)sell, exchange or donate any animal, plant or other organism occurring in a nature reserve; or(c)purchase, exchange or otherwise acquire any indigenous species which it may consider desirable to re-introduce into a specific nature reserve;(d)undertake and promote research;(e)control, remove or eradicate any species or specimens of species, which it considers undesirable to protect and conserve in a nature reserve or that may impact negatively on the biodiversity of the nature reserve;(f)carry out any development and construct or erect any infrastructure necessary for the management of a nature reserve, subject to an environmental authorisation in terms of section 24 of National Environmental Management Act, 1998 (Act No. 107 of 1998), applicable by-laws and the management plan;(g)allow visitors to a nature reserve;(h)take reasonable steps to ensure the security and well-being of visitors and staff;(i)provide accommodation and facilities for visitors and staff, including the provision of food and household supplies;(j)carry on any business or trade or provide other services for the convenience of visitors and staff, including the sale of liquor subject to applicable laws;(k)authorise any person, subject to such conditions as it may determine, to:(i)carry on any business or trade, or provide any service, which the management authority may carry on or provide in terms of this section; and(ii)provide the infrastructure for such business, trade or service;(l)by agreement with:(i)other Council departments, provide any service in a nature reserve for the management of the nature reserve, which the Council may be mandated to provide in terms of legislation; or(ii)any other organ of state, perform a function in a nature reserve which that organ of state may perform in terms of legislation; or(m)issue notices in terms of section 42.7. Commercial, community and visitor activities
(1)The Council may, in terms of the management plan, set aside a part of a nature reserve, as an area in which a particular activity may be undertaken by visitors to the nature reserve, communities or interest groups, and must display a notice at the entrance to the nature reserve in which such area is described, provided that the activity does not compromise the purpose for which the nature reserve was established.(2)The Council may, in terms of the management plan, set aside a part of a nature reserve, as an area in which a commercial activity may be undertaken by an authorised vendor, and must display a notice at the entrance to the nature reserve in which such area is described and at the place where the commercial activity is undertaken;(3)The Council may, in consultation with user or interest groups and other interested and affected parties develop codes of conduct for specific activities authorised within a nature reserve.8. Notices
(1)In relation to a nature reserve, the Council may from time to time and by means of a notice displayed at the entrance to or at other relevant places of a nature reserve:(a)set aside any land or water area;(b)designate any land or water area as a recreational area;(c)designate any land or water area for a purpose other than recreation;(d)prohibit or restrict the use and access of any person, vehicle, vessel, domestic animal, species or specimen to any land or water area or part thereof; or(e)designate the times and conditions during which and subject to which any sports or other activities may be practised or performed on such land or water area.(2)A notice may impose conditions in relation to the participation in or undertaking of any activity in a nature reserve and the Council may vary or revoke a notice at any time by a subsequent notice.(3)The Council may prescribe symbols or pictograms to be used on public notice boards.(4)The Council may erect public notice boards within or near the nature reserve to notify interested and affected parties of permissible activities and prohibitions in terms of this by-law.(5)In addition, the Council may:(a)publish or broadcast the notice in a manner that is reasonably likely to bring it to the attention of interested and affected persons;(b)distribute copies of the notice to persons owning or occupying land in the vicinity of the affected nature reserve; or(c)use public meetings or other means of bringing information to the attention of interested and affected persons.9. Recreational areas inside nature reserves
(1)The Council may, within a recreational area, display any notice required under this by-law.(2)In relation to recreational areas, the Council may prominently display a notice at an entrance to a recreational area indicating:(a)the opening and closing times of that recreational area; and(b)any rules made by the management authority in relation to that recreational area.Chapter 3
Resources in nature reserves
10. Use of biological resources
(1)The Council may, upon application and subject to the provisions of a management plan, by means of the granting of a non-transferable written authorisation or the entering into of a written agreement, with the conditions it deems necessary, grant to any person the right to the sustainable, monitored use of identified biological resources in a nature reserve.11. Community-based natural resource utilisation
(1)The Council may upon application and subject to the provisions of a management plan, by means of the granting of a written authorisation or the entering into of a written agreement, and on the conditions it deems necessary, grant to any local community the right to the sustainable, monitored use of identified biological resources in a nature reserve.12. Authorisation for use of biological resources
(1)A written authorisation or written agreement as contemplated in sections 10 or 11, must:(a)not be in conflict with the purpose for which a nature reserve was established;(b)define the land or water area within which the use of the biological resources is granted;(c)indicate the period for which the right contemplated in sections 10 and 11 is granted; and(d)determine the limits to the use of the biological resources.(2)The Council must demarcate the land or water area contemplated in subsection (1)(b) in a manner it deems fit.(3)An authorisation granted in terms of sections 10 or 11 may not interfere with the exercise of any authorisation which has been granted to another person in respect of the area contemplated in subsection (1)(b).(4)An authorisation granted in terms of sections 10 or 11 must include a stipulated notice period for cancellation of the right or amendment of the conditions granting the right.(5)The Council may cancel an authorisation granted in terms of sections 10 or 11 in respect of the area or part thereof, if such area or part thereof is required for conservation purposes or for purposes approved by the Council.(6)The Council may cancel an authorisation granted in terms of sections 10 or 11 if the conditions set by the Council are not complied with by the relevant person or local community, or if the resource or any other component of the nature reserve is threatened.(7)An authorised official may instruct a holder of an authorisation contemplated in sections 10 or 11 to cease all activities immediately, and take any remedial action if the aforementioned holder of the written authorisation is found or deemed to be in contravention of any conditions stipulated in the written authorisation.(8)An authorised official may at any time cancel or suspend such authorisation contemplated in sections 10 and 11 in the event of an emergency, disaster, threat to life or safety, threat to the environment, or in any circumstance where the authorised official deems the ongoing activity to be detrimental in any way to the nature reserve.Chapter 4
Access
13. Access to nature reserve by user of biological resources
(1)The holder of a written authorisation granted in terms of sections 10 or 11 above may, subject to any condition contained in the written authorisation, use a road or path identified by the Council, for the reasonable exercise of a written authorisation to use biological resources: Provided that(a)the Council may close any access road or limit the use thereof for management purposes;(b)if a holder of a written authorisation fails to remove or repair any obstruction on an access road caused as a result of the exercise of a written authorisation, the Council may undertake such removal or repair, and recover the cost in this regard from the holder of the written authorisation;(c)the Council may impose restrictions on the type of vehicle, machinery or equipment which is permitted on an access road in order to prevent any environmental or other damage;(d)the holder of a written authorisation must keep every access road used, reasonable wear excluded, in a good driving condition; and(e)a holder of a written authorisation may not create or construct any new access road for the removal of biological resources or for any other reason, without the written authorisation of the Council.14. Admission
(1)A person who has been granted entry into a nature reserve may be allowed admission only to a specific area and at designated times as determined by the Council.(2)No person may, without the written authorisation of the Council, enter or remain in a nature reserve, or part thereof, that has been closed in terms of section 20.15. Entrance and accommodation
(1)Any person entering or staying in a nature reserve is subject to conditions of entry set by the Council.16. Points of entry and exit
(1)No person may, other than in open access areas of a nature reserve, or subject to the provisions of section 13, enter or leave a nature reserve at any place other than through the designated points of entry or exit, without the written authorisation of the Council.(2)Where a public road, pathway, cycle path, or railway line passes through a nature reserve:(a)no written authorisation is required by a person to travel through the nature reserve on such public road, pathway, cycle path, or railway line to a destination outside the nature reserve in question; and(b)no person may:(i)leave such public road, pathway, cycle path, or railway line;(ii)enter into a nature reserve from such public road, pathway, cycle path, or railway line other than in compliance with section 14(1).(3)No person may fly an aircraft, over a nature reserve, at a height below 1 500ft above ground level without the written authorisation from the Council.(4)No person may land, or attempt to land, an aircraft in a nature reserve without the prior written authorisation from the Council.(5)No person may fly a RPAS over a nature reserve or land such RPAS in a nature reserve without the written authorisation from the Council.(6)Subsections (4) and (5) do not apply:(a)in the case of an emergency; or(b)to a person acting on the instructions of an authorised official.(7)An aircraft performing an emergency landing as per subsection (6)(a), must report such emergency landing and the nature thereof, in writing, to the reserve manager, or his nominee before the aircraft is removed from the nature reserve, within a reasonable time, depending on the nature of the emergency.17. Proof of entry
(1)Where a written authorisation, or entry permit, is required for entry to a nature reserve, a person who enters the nature reserve in a vehicle or on foot, must ensure that the written authorisation or entry permit is in his or her possession, and available for inspection at all times until he or she leaves the nature reserve.(2)Where a written authorisation is issued for overnighting in a nature reserve, the written authorisation must be displayed at all times in the vehicle in accordance with section 17(3) while he or she is overnighting in or near the vehicle.(3)For purposes of this by-law, a written authorisation contemplated in section 17(2) is displayed in a vehicle only if:(a)the written authorisation is displayed on the inside of the windscreen on the side of the vehicle opposite to the driver’s position; or(b)where, because of the design of the vehicle, it is not possible to comply with section 17(3)(a), the written authorisation is displayed in a permanent position in or on the vehicle, so that the written authorisation is facing outwards from the vehicle and can be seen and read easily by a person outside the vehicle.18. Staying overnight
(1)No person may stay overnight in a nature reserve:(a)without the written authorisation of the Council;(b)without having first reported to the nature reserve reception office in a nature reserve or to an authorised person assigned by the Council to perform escort duty;(c)where no accommodation has been reserved or is available for that person;(d)on a houseboat or any vessel without the written authorisation of the Council; or(e)at any place other than a place designated for such activity by the Council.(2)No person may, without the written authorisation of the Council contemplated in section 18(1), overnight in a nature reserve except in an area set aside by the Council for that purpose.19. Times of entry and travel
(1)Nature reserves are open from sunrise to sunset, unless indicated otherwise by means of a notice at designated points of entry and at open access areas.(2)No person may, without the written authorisation of the Council, enter, leave or travel in a nature reserve at any time other than the times determined by the Council, except in open access areas.Chapter 5
Restricted access
20. Restricting access
(1)The Council may close or restrict access to any nature reserve or to any part of a nature reserve for a specified period of time:(a)to adhere to any directives or regulations issued by Government in terms of the Disaster Management Act 57 of 2002, or any related legislation;(b)to effectively implement and enforce any necessary health and safety protocols;(c)to protect any aspect of the environment within a nature reserve;(d)if a fire ban is in force in an area that includes all or part of the nature reserve;(e)if the risk of uncontrolled fire in the nature reserve is, in the Council’s opinion, extreme;(f)if the Council’s staff necessary to patrol or secure the nature reserve are unavailable; or(g)if, in the Council’s opinion, it is in the interest of public safety to close the nature reserve:(i)to reduce vandalism and the destruction of property;(ii)to improve the administration of a nature reserve;(iii)to develop a nature reserve;(iv)to undertake any activity which the Council reasonably considers necessary or appropriate to achieve the purposes of these by-laws.21. Activities having an adverse effect in a nature reserve
(1)No person may without the written authority of the Council in a nature reserve:(a)introduce any specimen, or part thereof to a nature reserve;(b)convey, move or otherwise translocate any specimen;(c)intentionally disturb any species or specimen;(d)feed any species or specimen;(e)use any recording of any species or specimen or the imagery or scent of a species or specimen to attract animals;(f)lure, bait or attract by any means or for any purpose or intention any species or specimen;(g)cut, damage, remove or destroy or be in possession of any plant or any part thereof, including dry wood;(h)hunt, capture or kill any living animal by any means, method or device whatsoever, including searching, pursuing, driving, lying in wait, luring, alluring, discharging a missile or projectile or injure with intent to hunt, catch, capture or kill any such animal;(i)gather, collect or pluck any specimen;(j)pick parts of, or cut, chop off, uproot, damage or destroy any specimen;(k)possess or exercise physical control over any specimen;(l)grow, breed or in any other way propagate any specimen or cause it to multiply;(m)sell or otherwise trade in, buy, receive, give, donate or accept as a gift, or in any way acquire or dispose of any specimen; or(n)angle, attempt to angle, catch or attempt to catch fish other than in an area designated for such purpose.(2)No person within a nature reserve may:(a)intentionally or negligently cause pollution;(b)deface cultural heritage resources; or(c)harm, or cause death to any individual specimen or population of any species without the prior written authorisation of the Council.(3)No person may, other than with prior written authorisation of the Council and subject to the management plan and NEMA regulations, open or close the mouth of a tidal lagoon or tidal river within a nature reserve.(4)No person may, within a nature reserve place, throw, dump, or release into the environment any refuse, rubbish, used containers, effluent, toilet waste, or any objectionable material in areas other than those designated fit for this purpose by the Council.22. Specified activities
(1)No person may undertake any of the following activities in a nature reserve, except with written authorisation from the Council and in accordance with an approved management plan or environmental management plan for the specified activity:(a)film and simultaneously transmit photographic images using a webcam or other image recording or transmitting device, including trail cams;(c)conduct any kind of competition;(d)sell or hire goods or engage in the offering of goods for sale or hire;(e)provide or offer to provide any service for a fee or reward;(f)an activity of any kind for the purpose of fund raising, personal gain, making a profit, or advertising;(g)an organised special event, including sporting or cultural events;(h)record visual images of animals for any virtual hunting or other such activity;(i)conduct any type of training, exercises or simulations; or(j)environmental education programmes and activities.23. Research and monitoring
(1)No person may in a nature reserve, without written authorisation of the Council, carry out scientific or general research or undertake monitoring projects.(2)Any person undertaking scientific or general research or monitoring projects in a nature reserve must:(a)submit a written proposal to the Council that describes the purpose and methodology of the research or monitoring;(b)be in possession of all required permitsand authorisations in termsof any other law;(c)comply with all specified conditions in the written authorisation;(d)submit all data and information gathered, to the Council, in a format determined and at stages of the project specified by the Council; and(e)submit copies of all reports and findings to the Council upon completion.24. Interference with soil or substrate
(1)No person may, except with the prior written authorisation of the Council and subject to any other applicable laws(a)remove from a nature reserve any:(i)soil, sand, gravel, pebbles, stone, rock, shell grit or mineral or similar material;(ii)wood, mulch or other dead vegetation;(iii)fossil, archaeological remains or cultural artefacts;(iv)coral or seashells; or(b)dig any soil or similar material in a nature reserve; or(c)intentionally disturb in a nature reserve:(i)wood, mulch, peat or other dead vegetation or animal;(ii)termite mounds, bees’ nests, spider webs, birds’ nests or animal burrows;(iii)fossil, shell midden, archaeological remains or palaeontological specimens or meteorites;(iv)any object or material that is or was used for any ritual or other practice; or(v)any object that has historical or cultural significance.25. Bioprospecting
(1)No person may undertake any manner or form of bioprospecting in a nature reserve without the prior written authorisation of the Council other than subject to such conditions as determined by the Council.26. Building and improvements
(1)Building developments and improvements in a nature reserve are subject to prior approval and written authorisation from the Council, and any relevant legislation including but not limited to an environmental authorisation in terms of section 24 of NEMA.(2)No person may in a nature reserve, without prior written authorisation of the Council, erect, construct or transform or cause to be erected, constructed or transformed any building, structure (temporary or permanent) or any other improvement, including but not limited to a building or structure of any kind, jetty, dock, pier, landing stage, landing float, anchor buoy, raft, fence or any obstruction, bridge, pontoon, road or crossing in respect of a building or immovable property.(3)Any person who has applied in terms of subsection (2) for the erection of a building or any other improvement in respect of a building or other immovable property must, if required to do so by the Council:(a)in the case where prior environmental authorisation in terms of section 28 of NEMA is not required, in terms of any law employ an independent environmental consultant to conduct an assessment of the proposed erection or improvement in compliance with the minimum requirements set by NEMA, or other applicable legislation, and to submit the findings of the assessment to the Council;(b)in instances where prior environmental authorisation in terms of section 28 of NEMA is compulsory, provide the Council with such environmental authorisation before the Council considers the application.27. Holiday accommodation, caravan park, camping or picnic site
(1)No person may erect, establish, transform, extend or enlarge any holiday resort, caravan park or camping or picnic site within a nature reserve at which members of the public can stay, camp or picnic, upon payment of a fee or not, other than in accordance with the management plan for the nature reserve.28. Land and airspace
(1)No person may in a nature reserve, except with the prior written authorisation of the Council:(a)engage in the sport of climbing rock faces;(b)engage in the sport of parachuting or abseiling;(c)land or take off in, or attempt to land or take off in, any aircraft, helicopter, glider, hang glider, paraglider, or hot air balloon;(d)launch or fly a hot air balloon;(e)fly model aircraft, drones, RPAS or gliders;(f)engage in the sport of any kind of boarding, including sandboarding, windsurfing, kitesurfing, or sailboarding;(g)operate any motorised vehicle for recreational purposes;(h)launch or propel, a missile or flare into the airspace above a nature reserve unless such activity is a bona fide emergency; or(i)possess, ignite, or use any fireworks.29. Water areas
(1)No person may, without the written authorisation of the Council, launch, or use a vessel on a dam, reservoir, lake, river or other body of water in a nature reserve unless the water has been set aside by the Council for the use of vessels.(2)No person may carry out any repairs, servicing, testing or painting of any vessel in a water area in a nature reserve unless the prior written authorisation by the Council has been obtained.30. Removal and dumping in water areas
(1)No persons may, without the prior written authorisation of the Council and other than subject to the conditions imposed by the Council, in any manner in a nature reserve:(a)remove, dredge, pump or move any sand, soil or stones from a water area;(b)deposit, dump or throw sand, soil, stones or other material of any kind in a water area.31. Domestic animals and livestock in nature reserves
(1)Except as provided for below; no person shall bring an animal of whatever nature, including indigenous wild animals, livestock or pets, into a nature reserve.(2)Notwithstanding any other provision of these by-laws: a disabled person who is assisted by a trained working dog may bring such dog into a visitor area subject to the following:(a)No dog may be brought into a visitor area located in a nature reserve where any dangerous animals including but not limited to, jackal, leopard or hyena may be present.(b)Such dog is to be kept under direct physical control by means of a leash and/or harness at all times.(c)Such dog is to be vaccinated and must have been dewormed no more than 30 days prior to entering the visitor area. Proof of deworming and proof of vaccination against rabies, canine distemper, canine parvovirus, canine hepatitis, canine parainfluenza and leptospirosis must be carried at all times.(d)Such dog may not leave the visitor area.(e)Faeces must be removed by the owner and disposed of.(f)Any dog disturbing wildlife or causing a nuisance to other visitors must be confined or removed from the visitor area.(3)Any other person wishing to bring a wild animal, pet or domestic animal into a nature reserve must obtain written authorisation from an authorised official of the nature reserve before attempting to do so. Such authorisation:(a)is entirely within the discretion of the authorised official,(b)must be presented upon demand;(c)shall be limited to the nature reserve identified;(d)is subject to such other terms and conditions which the authorised official might specify.(4)No permission for any alien or invasive species will be granted except.(5)Bringing of any wild animal (indigenous or otherwise) into a nature reserve will be subject such additional permits and authorisations prescribed by-law.(6)Any unauthorised animal found in a nature reserve may be impounded or destroyed by an authorised official or enforcement officer.32. Firearms and dangerous weapons
(1)No person other than an authorised official or contractor with written authorisation of the Council, who enters a nature reserve, may be in possession of any firearm, dangerous weapon, explosive, trap or poison.33. Commercial activities
(1)No person may undertake any activities of a commercial nature, including the operation of any entertainment device, the sale of any goods, the hire of any equipment, or any similar activity on any nature reserve, without written authorisation from the Council.34. General restrictions
(1)No person who is in a nature reserve, without the written authorisation of the Council, may:(a)offer any show or entertainment, conduct any business or trade, or collect any money from the public;(b)carry on any agricultural or gardening activities, except subject to the conditions which the Council may lay down from time to time;(c)use or cause to be used, any loudspeaker or similar device or other noisy equipment;(d)construct or erect any booth, marquee, or other structure;(e)organise or cause to be organised or attend or participate in any public meeting, demonstration or gathering; or(f)tamper with, deface, damage, remove or in any other way interfere with a reserve boundary fence or object demarcating the boundary of a nature reserve.(2)No person may:(a)intentionally or negligently cause a fire or discard any burning object in any place where it may set fire to any other object or otherwise act in a manner likely to cause a fire, other than at a place where the making of a fire is permitted by the Council;(b)smoke in a nature reserve, other than in areas designated for smoking; or(c)discharge any firework.Chapter 6
Prohibited activities
35. Vehicles
(1)No person driving a vehicle in a nature reserve may:(a)drive, park, or stop in such a manner that constitutes a nuisance, disturbance, inconvenience or danger to any other person or vehicle;(b)drive, park or stop in any manner that causes an obstruction;(c)block the pathway of a management operation or emergency vehicle;(d)park a vehicle in a place other than in a place designated for that purpose by the Council;(e)drive or park anywhere except on a designated road or designated parking area;(f)drive or operate any vehicle in a reckless or negligent manner, deliberately or intentionally;(g)disregard the safety of any person, species, specimen, or property of whatever nature;(h)drive a vehicle off designated roads or tracks, except in an area set aside by the Council for that purpose; or(i)drive a vehicle for recreational purposes, including, but not limited to, 4x4ing, off-roading, quad biking and motor biking in any area not demarcated for such recreational activity.(2)The Council may restrict or preclude the use of any vehicle or vehicle type within a nature reserve or section of a nature reserve.(3)No person may enter or travel in a nature reserve except in a vehicle that conforms to the dimensions and other requirements determined by the Council.36. Littering and pollution
(1)No person may, in a nature reserve:(a)deposit or leave any litter which is either industrial or domestic, regardless of whether that litter is biodegradable or non-biodegradable, except in an area or receptacle provided for that purpose;(b)deposit or leave any litter, bottle, broken glass, china, pottery, plastic article, rubbish, refuse, seeds, fruit or vegetable matter or other waste material, except in an area or receptacle provided for that purpose;(c)deposit, discharge or leave any noxious, smelly, offensive or polluting substance, matter or thing;(d)deposit or leave any offal, dead species or specimen, or dung;(e)deposit, except in any receptacle provided for litter, any domestic garbage;(f)intentionally break any article of glass, china, pottery, plastic or other brittle material;(g)deposit, discharge or leave any mineral, mineral waste or other industrial waste or by-product thereof;(h)discard or discharge any toxic chemical or substance, pharmaceutical substance, including biocides, or any other pollutant or harmful substance; or(i)dispose of aerosols containers or any other hazardous substance of such nature.37. Pollution of water
(1)No person at any time or in any manner, including by the use of detergents, dispose of any solid or liquid waste, including engine oil, into any water area, wetland, spring, pan, well, borehole, groundwater, dam, reservoir or lake in a nature reserve.(2)No person may at any time or in any manner throw, place or dispose of any item, medium or object that may directly or indirectly cause any water pollution.38. General
(1)No person may, in a nature reserve:(a)unlawfully occupy, build on, erect, move into, inhabit, sell or use any land, building or structure to which he or she does not have lawful title;(b)continue with the construction of an incomplete structure after a written notice to stop construction was issued by the Council;(c)demarcate any piece of land with any form of material, including, but not restricted to string, rope, pegs, stones, pebbles, wire, wood or any other material or continue to demarcate after a written notice to stop any form of demarcation was issued by the Council;(d)move or remove any demarcation or surveying pegs affixed in terms of any law;(e)without the written consent of the Council allow, encourage, motivate, organise or instigate the occupation of any land;(f)at any time play any radio, compact disc player, music system, musical instrument or in any way whatsoever cause any noise in a manner that is likely to disturb any species or specimen or other person;(g)behave in an offensive, improper, indecent or disorderly manner;(h)engage in sexual activity or solicit any person for the purpose of prostitution or immorality;(i)except subject to written authorisation granted in Chapter 3, cut, remove, dig up, fell, burn, pluck, break, climb up or upon or cause damage to timber or to any tree, shrub, brushwood, fencing post, pole, fern, turf, grass, fruit, flower, plant or vegetation; or(j)create or construct any new access roads, paths or tracks.(2)No person may, in a nature reserve, intentionally obstruct, disturb, interrupt or annoy any other person utilising the nature reserve in compliance with this by-law.(3)No person may discharge a firearm within a nature reserve, except(a)if that person is authorised by the Council thereto;(b)for the discharge of a blank by a life-guard during an organised competition or by any other person authorised by the Council, during a sports meeting in a water area; or(c)in connection with the collection of specimens for scientific purposes, subject to the written authorisation of the Council.(4)No person may, in a nature reserve, throw, roll or discharge any stone, rock, boulder, substance, projectile or missile to endanger any person, species or specimen in the nature reserve.(5)No person may, in a nature reserve, prevent, hinder or obstruct an authorised official in the exercise of his duties in terms of this by-law.Chapter 7
Fees and tariffs
39. Fees and tariffs
(1)The Council shall annually determine the fees and tariffs applicable for:(a)access to nature reserves;(b)the use of any amenity, service, facility, entertainment venue, film show or performance presented or provided or rendered by or on behalf of the Council, at or in a nature reserve; and(c)the operation of any commercial activity;(d)costs associated with any remedial action undertaken by the Council owing to non-compliance with the by-law.(2)The Council may recover costs associated with remedial action undertaken owing to non-compliance with the by-law.(3)The Council may suspend the payment of entrance fees on any specific day as it may deem fit.Chapter 8
Compliance and enforcement
40. Authorised officials
(1)The Council may, subject to any applicable qualification criteria, appoint any member of staff as an authorised official.(2)Any duly appointed authorised official must be in possession of the prescribed staff identification card when exercising any power in terms of this by-law and must, upon request, produce such card.(3)Should an authorised official fail to produce the staff identification card then no power granted in terms of this by-law can be exercised.41. Powers and functions of authorised officials
(1)In this section, unless the context indicates otherwise, "article" means anything, including a structure, object, document, book, record or electronic information or extract, part or sample therefrom that is reasonably suspected in the use of contravening this by-law.(2)Without a warrant, an authorised official may stop, enter, search and seize any vessel, vehicle, premises or person if the authorised official has reasonable grounds to believe that an offence in terms of this by-law has been or is being committed on or in such vessel, vehicle or premises if:(a)the person in control of the vessel, vehicle or premises consents to such stop, entry, search or seizure; or(b)the authorised official has reasonable grounds to believe that a warrant will be issued, if the authorised official applied for it, and the delay caused by the obtaining of such a warrant would defeat the object of the stop, entry, search or seizure.(3)If subsection (2) does not apply, then an authorised official may stop, enter and search any vessel, vehicle, premises or person and may seize an article contemplated in subsection (6)(h) only on the authority of a warrant.(4)A judge or magistrate in chambers may issue a warrant contemplated in subsection (3) on written application by an authorised official if it appears from information under oath or affirmation that(a)there are reasonable grounds for believing that a contravention of this by-law has occurred;(b)the search and seizure is likely to yield information pertaining to the contravention; and(c)the search and seizure is reasonably necessary for the purposes of this by-law.(5)In relation to any nature reserve, an authorised official may—(a)to the extent that the authorised by the Council, administer, implement and enforce the provisions of these by-laws;(b)issue a notice in terms of section 42 of these by-laws; and(c)instruct any person to leave a public open space if the authorised official reasonably believes that the person is contravening any provision of these by-laws, and fails immediately to cease such contravention upon the instruction of that official.(6)In enforcing or investigating compliance with this by-law, an authorised official may:(a)be accompanied by an interpreter, a police official or any other person who may be able to assist with the inspection;(b)inspect any article which may be relevant to the investigation;(c)examine, analyse, measure or make a copy of an article and remove it for examination, analysis, measurement, copying or extraction;(d)require a person to produce or to deliver at such time and place as may be determined by the authorised official, an article for inspection;(e)take a photograph or make an audiovisual recording of any person or anything for his or her investigation;(f)question a person who, in the opinion of the authorised official, may be able to furnish information on a matter to which this by-law relates;(g)direct a person to appear before him or her at such time and place as may be determined by the authorised official and question such person either alone or in the presence of any other person on a matter to which this by-law relates; and(h)seize an article:(i)which is concerned in or is on reasonable grounds believed to be concerned in an offence in terms of this by-law;(ii)which may afford evidence of an offence in terms of this by-law; or(iii)which is intended to be used or is on reasonable grounds believed to be intended to be used in the commission of an offence in terms of this by-law.(7)A person who so requests may, if possible, make a copy of an article to be removed or seized in terms of this section.(8)When an authorised official removes or seizes an article, the authorised official must issue a receipt to the owner or person in control thereof and, if possible, return the article as soon as practicable after achieving the purpose for which the article was removed or seized.(9)An authorised official must exercise their powers and functions with strict regard for decency and order, and with regard for each person’s right to dignity, freedom, security and privacy.(10)if such official is a peace officer, the official may exercise any power which may be exercised by a peace officer under the Criminal Procedure Act, including but not limited to:(i)issuing of notices in terms of section 341 of the Criminal Procedure Act;(ii)issuing of notices in terms of section 56 of the Criminal Procedure Act;(iii)executing warrants of arrest in terms of section 44 and 55(2) of the Criminal Procedure Act;(iv)exercising those powers conferred upon a peace officer in terms of section 41(1) of the Criminal Procedure Act.(11)Notwithstanding the provisions of this by-law, and subject to any other applicable legislation, an authorised official may:(a)launch, operate or use any vehicle or vessel upon any recreational water or in any nature reserve for the purpose of providing an emergency, rescue or transport service, to provide a municipal service, to ensure compliance with this by-law, or for the purpose of undertaking research, monitoring or conducting a survey;(b)do anything in a nature reserve in the exercise of a lawful power or duty; and(c)in any nature reserve, use prohibited means of fishing, hunt any animal, and collect biological specimens in order to eradicate, control, or collect information for the control, monitoring and research of such organisms in the course of their duties.42. Compliance notice
(1)An authorised official may serve a written compliance notice on a person if there are reasonable grounds for believing that the person is in contravention of this by-law.(2)The compliance notice must:(a)describe the conduct constituting a contravention of this by-law;(b)indicate which provision of this by-law or condition of approval is contravened;(c)where relevant, state that the unlawful conduct constitutes an offence and indicate the penalty;(d)where relevant, be issued together with a fine;(e)instruct the person to cease the unlawful conduct;(f)where relevant, impose conditions which must be complied with and specify the steps to be taken to comply;(g)state that a failure to comply with the notice constitutes an offence and indicate the penalty; and(h)state that, in the event of non-compliance with the notice, the Council may take one or more of the following measures:(i)issue the person with a fine for not complying with the compliance notice;(ii)take steps to remedy any adverse effect arising from the person’s actions and recover the costs from such person;(iii)apply to a competent court for appropriate relief including the costs of the application; or(iv)institute a criminal prosecution.(3)The compliance notice may:(a)instruct the person within a specified time to inform the Council, in writing, what steps have been taken to comply with the notice;(b)instruct a person at their cost to take specified action to the satisfaction of the Council within a specified time to:(i)cease, modify or control an activity causing, continuing or contributing to an adverse effect on a nature reserve;(ii)investigate, evaluate and assess the impact of a specific situation or activity and report thereon;(iii)undertake and complete specific measures;(iv)eliminate or remove an encroachment or unauthorised structure;(v)rehabilitate the affected environment; or(vi)any combination of the provisions listed in paragraphs (i) through (v).(4)Should the person on whom a compliance notice under subsection (1) was issued, fail to comply, or comply inadequately, with the compliance notice or authorisation, then the Council may take measures that the Council considers appropriate to remedy the situation and may authorise another person to take such measures.(5)The Council may recover costs to the Council, or an authorised person, for the measures to be undertaken under subsections (2) and (3), and all costs incurred as a result of acting under subsections (2) and (3), from any or all of the persons on whom the compliance notice or authorisation was issued in terms of its Credit Control and Debt Collection Policy.43. Impounding of vessel, vehicle, items or goods
(1)An authorised official may, without a warrant, seize and impound a vessel, vehicle, items or goods, which is concerned, or is on reasonable grounds believed to be concerned, with the commission of an offence in terms of this by-law.(2)The authorised official, at the time of the impoundment, must give the holder of the impounded vessel, vehicle, items or goods and impoundment notice setting out:(a)the reason for the impoundment;(b)a description of the impounded vessel or vehicle;(c)the address and contact details of the designated pound;(d)the impoundment fee; and(e)a warning that the impounded vessel or vehicle may be sold to recover the impoundment fee and any fine, costs or damages.(3)The authorised official must cause an impounded vessel or vehicle to be taken to a designated pound where it must be retained and dealt with in terms of this section.(4)The Council must release the impounded vessel, vehicle, items or goods to the owner upon presentation of proof of ownership if, in relation to the offence contemplated in subsection (1)—(a)a criminal charge is not laid, or a fine or a notice of intention to prosecute is not issued within 72 hours of the impoundment; or(b)the criminal case against all accused persons is disposed of because—(i)the charges are withdrawn;(ii)the accused persons are acquitted; or(iii)the accused persons are convicted and either the impoundment fee and any fine, costs and damages are paid.(5)An impounded vessel, vehicle, items or goods is forfeited to the Council and becomes the property of the Council if:(a)a court orders such forfeiture; or(b)the lawful owner of the vessel, vehicle, items or goods cannot be traced within 90 days of such impoundment after reasonable efforts to trace the owner have not been successful.(6)If any payment contemplated in subsection (4)(b)(iii) is not made within such time as the Council may determine, and if no appeal has been lodged at the expiry of the time limit for an appeal, the Council may sell an impounded vessel, vehicle, items or goods and deal with any net proceeds in accordance with subsection (7).(7)Any net proceeds from the sale of an impounded vessel, vehicle, items or goods must be applied as follows and in this order:(a)the recovery of costs incurred by the Council during forfeiture and impoundment;(b)the payment of the impoundment fee, and any fine, costs or damages ordered by a court in relation to an offence contemplated in subsection (1); and(c)return to the person who lawfully owned the vessel, vehicle, items or goods at the time of the impoundment except where the vessel, vehicle, items or goods was forfeited to the Council.(8)The Council may determine an impoundment fee and designate a pound contemplated in this section.44. Offences
(1)Any person who:(a)contravenes a provision of this by-law;(b)contravenes any conditions, restrictions or prohibitions imposed in terms of this by-law;(c)fails to comply with the terms of any notice or signage displayed in terms of this by-law;(d)contravenes a lawful instruction given by an authorised official in terms of this by-law;(e)threatens, obstructs, hinders or uses abusive language to an authorised official or a person lawfully accompanying the authorised official in the exercise of a power conferred in terms this by-law;(f)when called upon by an authorised official to furnish information, furnishes false or misleading information; or(g)falsely holds himself or herself to be an authorised official or a person authorised to act on behalf of the City in terms of this by-law;commits an offence.45. Penalties
(1)Any person who commits an offence referred to in section 44 is liable to a fine, in such an amount set out in Schedule "A" attached to this by-law, or upon conviction to imprisonment for a period determined at the discretion of the court, or to such imprisonment without the option of a fine, or to both such fine and such imprisonment.(2)In addition to imposing a fine or imprisonment, a court may order any person convicted of an offence in terms of this by-law:(a)to rectify the harm caused;(b)to forfeit to the Council a vessel or vehicle impounded in terms of section 43;(c)to pay the costs incurred by the Council as a consequence of the contravention; and(d)to pay damages for harm caused to another person or property within the nature reserve, which order shall have the force and effect of a civil judgment.(3)The Council may ban any person who fails to comply with any provisions of this by-law from entering any nature reserve(s) for a determined period of time.(4)The Council may restrict access to a vessel or vehicle that fails to comply with any provisions of this by-law from entering any nature reserve(s) for a determined period of time.(5)A ban imposed in terms of subsections (3) and (4) must be reduced to writing and served on the person or owner of the vessel or vehicle.(6)The Council must provide a person contemplated above with a written notice of its intention to ban such person in terms of subsections (3) and (4). Such a person has seven (7) days to provide reasons why the Council should not ban such person.(7)A person who has been banned in terms of subsections (3) and (4) above may make written representations to the Accounting Officer of the Council as to why the ban should be lifted or reduced in length within 48 hours of the receipt thereof.46. Appeals
(1)Any person may appeal against an administrative decision taken by an authorised official in terms of this by-law in accordance with the provisions of section 62 of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000).47. Indemnity
(1)The Council, Management Authority, Management, Municipal Manager, and/or any authorised officials are not liable for any loss of whatsoever nature or howsoever arising or sustained by or damage caused to a person or property by any act or omission in good faith relating to the performance of a duty under this by-law.48. Short title and commencement
(1)This by-law is called the City of Johannesburg Municipality: Nature Reserves By-law, 2025 and comes into operation on promulgation in the Provincial Gazette.