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Recreational Water Use By-law, 2018
- Published in Western Cape Government Gazette no. 8033 on 29 January 2019
- Commenced on 29 January 2019
- [Up to date as at 5 June 2020]
PreambleWHEREAS 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 beaches and amusement facilities, local amenities, public places, local sport facilities 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 Cape Town has a responsibility in terms of the Constitution of the Republic of South Africa, 1996 and wishes to manage and control the recreational use of public inland waters, and the use of vessels thereon within its jurisdiction;AND NOW THEREFORE, BE IT ENACTED by the Council of the City of Cape Town, as follows:—
1. DefinitionsIn this By-law, unless the context indicates otherwise—"abandoned" in relation to any vessel means to permanently relinquish ownership;"aircraft" means any object driven or propelled, or which glides on or over the surface of a public inland recreational water area, wholly or partly by mechanical or electrical power or which utilises electrical power in any way, in order to move through the airspace above a public inland recreational water area;"air-screw driven craft" means a craft that is driven by a propeller or air screw that is above the water;"alien" means any wild animal or fish that is not indigenous to the specified recreational water or any animal or fish listed in Schedule 3;"angling licence" means any licence required in terms of any Provincial or National law to angle for fish;"angling season" means the period of time stipulated in terms of any law or regulation, that is applicable for that species of fish, during which the catching of that species of fish is permitted;"animal" means any organism whose taxonomical classification belongs to the kingdom ANIMALIA;"aquatic animal" means an animal that lives in water for most or all of its life and includes fish, amphibians and invertebrate animals and the eggs or immature forms of any such animal;"aquaplaner" means a person being towed behind a vessel on a board, inner tube, tyre or other floating device;"aquaplaning" means to be towed behind a vessel on a board, inner tube, tyre or other floating device, including a wake board;"authorised official" means an employee of the City responsible for carrying out any duty or function or exercising any power in terms of this By-law and includes employees delegated to carry out or exercise such duties, functions or powers;"beaching" means to secure a vessel or any other object or body in water by pulling it on to the bottom or bank of a water body, or to allow the vessel or other object or body to drift on to such a bottom or bank;"boat" means an object driven or propelled on the surface of a public inland recreational water area by means other than mechanical or electrical;"catch" in relation to fish, means to take, whether alive or dead, injure, immobilise or kill or to attempt in any manner whatsoever to do so, or to pursue or wilfully disturb;"City" means the City of Cape Town, a municipality established by the City of Cape Town Establishment Notice No. 479 of 22 September 2000, issued in terms of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), or any structure or employee of the City acting in terms of delegated authority;"class of vessels" means any group of vessels that are similar and are recognised as such by the National body of that particular sporting code;"code of practice" means a written set of specific rules for the use of a specific recreational water body by users and are not contrary to this By-law;"electric boat" means any object capable of being driven or propelled through water or on the surface of water, exclusively powered by electricity;"firearm" means any device as contemplated by the Firearms Control Act, 2000 (Act No. 60 of 2000) but excludes a starter pistol or similar signalling device;"fish" means any vertebrate animal of the Phylum Chordata and group Craniata that breathes primarily by means of gills;"fishing" means any activity aimed to trap, ensnare or obtain fish;"flare" means any device that creates a visual signal by means of combustion;"flora" means any flower, plant, shrub or tree or part thereof;"hook" means a fishing device that has one or more barbed or barbless tips and a single eye for attaching to a line;"hovercraft" means any vessel capable of being lifted above the ground by a cushion of air;"hunt" in relation to an animal, means to search for, pursue, kill, trap, snare, capture or attempt to do so in any way, or to follow or drive with intent to kill or capture, or to shoot at, poison, lie in wait for or wilfully to disturb;"indigenous"(a)in relation to a species, means a species that occurs, or has historically occurred, naturally in a free state in nature within the borders of the City; and(b)in relation to a specific plant or wild animal, means a plant or wild animal of a species referred to in (a);"jet ski" means any vessels propelled by a jet of water or internal propeller;"keep net" means a net specifically designed to temporarily hold fish alive in a water body;"kill switch" means a mechanism that is attached to the skipper or operator of a vessel and that stops the engine immediately when that person loses his or her footing or becomes otherwise incapacitated;"launch" means to place any boat, electrical boat or power boat on to a recreational water area;"licence" means a licence issued by the City in terms of this By-law for which a tariff may be charged;"life jacket" means a personal buoyancy aid that is worn as a vest or belt and is approved by the South African Maritime Safety Authority (SAMSA) or other international Marine Safety Authorities;"model aircraft" means any miniature aircraft not capable of, or intended for the conveying of persons, that is or may be controlled from a remote location and includes drones;"model boat" means a miniature boat not capable of, or intended for the conveying of persons, that is controlled from a remote location;"model electrical boat" means a miniature electrical boat not capable of, or intended for the conveying of persons, that is controlled from a remote location;"model power boat" means a miniature power boat not capable of, or intended for the conveying of persons, that is controlled from a remote location;"mooring" means to secure a vessel by tying it to a structure or anchor;"motor vehicle" means anything defined as a motor vehicle in terms of the National Road Traffic Act, 1996 (Act No. 93 of 1996);"nature reserve" means any area set aside, proclaimed, protected or published in any government gazette in terms of any law for the purposes of nature conservation;"notice" includes a direction or prohibition, determined by the City, being prominently displayed in writing, optionally combined with the use of pictograms, or a notice board erected at or near a recreational water and optionally combined with buoys or markers placed in or on a recreational water, and "notify" shall have a corresponding meaning;"nuisance" means any act, omission or condition which is offensive, injurious or dangerous to health, or which materially interferes with the ordinary comfort, safety, convenience, peace or quiet of any user of a recreational water area or amenity connected therewith;"operating times" means the period of time between and including the opening time and closing time of a recreational water;"peace officer" means any authorised official who is also appointed in terms of section 334(1) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and includes any person appointed to a police service in terms of the South African Police Services Act, 1995 (Act 68 of 1995);"permission" means the written consent issued by an authorised official of the City in terms of this By-law;"permit" means written permission issued by the City for which a tariff may be charged unless the context indicates otherwise;"pick" includes cut, chop off, take, gather, pluck, uproot, break, damage or destroy;"power boat" means any object capable of being driven or propelled through water or on the surface of water, wholly or partly powered by an internal combustion engine;"recreational water" means any inland water body, lake, river, stream, wetland, vlei, dam, estuary or portion thereof, which is owned or managed by the City, 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 City;"safety officer" means a person, not employed by the City, who is nominated and appointed in terms of section 24 to perform certain functions on a voluntary basis;"set line" means any fishing line set to catch fish that is left unattended;"slipway" means any site designated for the launching of any vessel and demarcated as such by the City;"swim" means a person or animal immersing the body in water, and to either remain stationary, or to propel forward by the power of the body only;"special events" means any function or activity that requires a permit in terms of the City of Cape Town: Events By-Law, 2009 or any other applicable law;"stormwater system" means both the constructed and natural facilities, including pipes, culverts, watercourses 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;"underway" means in relation to a vessel that the vessel is not at anchor or made fast to the shore or aground;"vessel" means a power boat, electrical boat, boat, sail boat, windsurf board, surf kite 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;"wake boarding" means being towed behind a vessel on a board or other device;"water jet" means a jet of water generated by a motor;"water ski" includes towing a person or persons on any device behind a vessel, and the noun"water skier" has a corresponding meaning;"wild animal" means any member of the animal kingdom that is not a human being, or a microorganism, whether or not the animal in question is alive or dead, tame, bred or kept in captivity, and includes the eggs, spawn, gametes, genetic material, or any part of such an animal.
2. ApplicationThis By-law applies to recreational waters within the City’s area of jurisdiction.
3. Vessel compliance and safety
4. Abandoned Vessels
5. Restrictions on use
6. Mooring of vessels
7. Power boats
8. Water skiing, aquaplaning and wake boarding
10. Restricted activities relating to recreational water
11. Prohibited ways of catching fish
12. General prohibitions relating to recreational water
13. Licences in relation to aquatic species
14. Aquatic vegetationNo person may in or over recreational water, cut, harvest or remove any plant unless permitted to do so in writing by the City.
15. Exemption for scientific purposes
16. Water abstractionNo person may drain, abstract, or divert any water from any recreational water without the prior written permission of the City.
17. General provisions
18. SwimmingNo person may in recreational water, where swimming is prohibited by notice, use the recreational water for swimming, except during an emergency.
19. Limitation of restrictions to the CityNotwithstanding the provisions of this by-law and subject to any other applicable legislation, the City may—
Administration and co-operative governance
20. Administration and permissionsWhere permission is sought for activities in this by-law, the City may through its delegations authorise officials to provide such permission.
21. Right of entry and fees
22. Water Body Advisory Committees
23. Codes of practise
24. Safety Officers
25. Public notices
Compliance and enforcement
26. Authorised officials
27. Powers of authorised officialsNotwithstanding the provisions of this By-law, and subject to any other applicable legislation, an authorised official may—
28. Enforcement powers of peace officers and authorised officials
29. Impoundment or holding of goods
Offences and penalties
30. OffencesAny person who—(a)contravenes or fails to comply with any provision of this By-law;(b)fails or refuses to comply with any lawful instruction by a peace officer, or authorised official;(c)who resists, obstructs, interferes with or hinders, a peace officer or authorised official in the execution of his or her duty;(d)impersonates any peace officer or authorised official; or(e)disregards a banning instruction issued by the City in terms of section 31 (2) and section 31 (3),commits an offence.
Legal and transitional provisions
32. Transitional provisionsDespite the repeal of By-laws by section 34, current provisions relating to the use of vessels on recreational water bodies remain in effect for a period of twelve months from the date of commencement of this By-law.
33. Development and Amendment of Lists
34. Repeal of By-lawsThe By-laws listed in Schedule 1 hereto are hereby repealed.
35. AppealsAny person may appeal against a 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).
36. Short title and CommencementThis By-law is called the City of Cape Town: Recreational Water-Use By-law, and comes into operation on promulgation in the Provincial Gazette.
- Entire By-law
- Chapter I – Introductory provisions
- Chapter II – Vessels
- Chapter III – Fishing
- Chapter IV – General
- Chapter V – Administration and co-operative governance
- Chapter VI – Compliance and enforcement
- Chapter VII – Offences and penalties
- Chapter VIII – Legal and transitional provisions
- Schedule 1
- Schedule 2
- Schedule 3
History of this By-law
29 January 2019 this versionPublished in Western Cape Government Gazette no. 8033By-law commences.