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Coastal By-law, 2020
- Published in Western Cape Provincial Gazette no. 8301 on 11 August 2020
- Commenced on 11 August 2020
- [This is the version of this document from 11 August 2020 and includes any amendments published up to 17 March 2023.]
PreambleWHEREAS section 156(1) of the Constitution of the Republic of South Africa, 1996, confers on a municipality the executive authority and right to administer (a) the local government matters listed in Part B of Schedule 4 and Part B of Schedule 5 to the Constitution; (b) and any other matter assigned to it by national or provincial legislation;WHEREAS the City has legislative and executive competence relating to matters such as, but not limited to, municipal planning, building regulations, use of and access to beaches, and nuisance, as pertaining to the coastal zone;WHEREAS in terms of Part B of Schedule 4 of the Constitution of the Republic of South Africa, 1996, the City has legislative competence relating to pontoons, ferries, jetties, piers and harbours;WHEREAS in terms of Part B of Schedule 5 of the Constitution of the Republic of South Africa, 1996, the City has legislative competence relating to beaches and amusement facilities, local amenities, noise pollution, and traffic and parking;WHEREAS the National Environmental Management: Integrated Coastal Management Act, 2008 (Act 24 of 2008), affords coastal municipalities the powers to administer matters contemplated in sections 18(1), 20(2) and 50 of the said Act;AND WHEREAS there is a need to develop legislation to govern the access to and use of beaches and the coastal areas within the jurisdiction of the City.NOW THEREFORE BE IT ENACTED by the Municipal Council of the City of Cape Town as follows:
2. Object of By-Law
Application of this By-Law and conflict of laws
4. Conflict with other laws
Protection of coastal zone
5. Duty of care
7. Protection of coastal environment
9. Unauthorised sea defence
10. Remediation of encroachment and unauthorised sea defence
Regulation of activity
11. Designation of areas
12. Bathing within certain areas
13. Surf-riding or surfing within certain areas
14. Safe and harmonious use of the coastal zone
15. Liquor, drugs, food, performances and hawkingNo person, while on the beach area or coastal area, may—
16. Undesirable conduct
Coastal access land and coastal facilicties
18. Coastal access land
19. Entry to and use of a coastal facility
20. Coastal closure
Public launch site
21. Public launch site
22. Instruction to leave
23. Compliance notice
24. Conditions of approval
25. Withdrawal or amendment of an authorisation or condition of approval
26. Powers and functions of authorised officials
27. Impounding of vessel or vehicle
28. Offences and penalties
29. AppealsA person whose rights are affected by a decision made in terms of this By-Law may appeal against that decision in terms of section 62 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000), by giving written notice of the appeal and reasons thereof to the Municipal Manager within 21 days of the date of the notification of the decision.
30. DelegationA function, power or duty conferred on the City in terms of this By-Law may be delegated or sub-delegated to an employee of the City in accordance with the system of delegation adopted by the Municipal Council of the City in accordance with section 59 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000).
32. IndemnityThe City and authorised officials are not liable for any loss sustained by or damage caused to a person by an act or omission in good faith relating to the performance of a duty under this By-Law, unless gross negligence is proved.
33. Transitional provisions
34. RepealThe following Regulations made in terms of the Seashore Act, 1935 (Act 21 of 1935), are hereby repealed:
35. Short title and commencementThis By-Law is called the City of Cape Town Coastal By-Law, 2020.
History of this By-law
11 August 2020 this versionPublished in Western Cape Provincial Gazette no. 8301By-law commences.
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