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Nature Reserve By-law By-law, 2021
- Published in Western Cape Provincial Gazette no. 8387 on 18 February 2021
- Commenced on 18 February 2021
- [Up to date as at 9 April 2021]
PreambleWHEREAS the City 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 Cape Town 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 the jurisdiction of the City of Cape Town for which the City is the designated management authority.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—“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.“animal” means any organism whose taxonomical classification belongs to the kingdom ANIMALIA.“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.“the Act” means the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003).“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;“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;“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;“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;“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;“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 City, and which is managed by the City or designated management authority where there is a co-management agreement in place;“nature area” means any area set aside, un-proclaimed, and managed as a nature area for nature conservation objectives by the City or landowner where there is a co-management agreement in place.“NEMA” means the National Environmental Management Act, 1998 (Act 107 of 1998).“notice” includes a written notification 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 nature reserve point of entry or exit, 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 nature reserve or amenity connected therewith;“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;“pick” includes cut, chop off, take, gather, pluck, uproot, break, damage or destroy;“Protected Area Advisory Committee” (“PAAC”) means a committee established in terms of the Regulations for the Proper Administration of Nature Reserves (Government Gazette No. 35021, GNR. 99 of 8 February 2012) made in terms of the Act.“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 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;“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.“safety officer” means a person not employed by the City, who is nominated and appointed in terms of section 5 to perform certain functions on a voluntary basis;“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, 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;“vehicle” means anything defined as a motor vehicle in terms of the National Road Traffic Act, 1996 (Act No. 93 of 1996); or any conveyance designed or adapted principally to travel on wheels or tracks.“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;“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 City in terms of this By-law, and includes any permit issued in terms of Section 15(1) or identification card issued in terms of Section 5 (5).
2. ApplicationThis By-law applies to any area 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 City for the express purposes of nature conservation and where such intent is adopted through a Council resolution.
Powers and responsibilities of the City
3. FunctionsThe City may in managing the nature reserve—
4. Commercial, community and visitor activities
5. Safety officers
7. Recreational areas inside nature reserves
The use of biological resources in nature reserves
8. Use of biological resourcesThe City 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.
9. Community based natural resource utilizationThe City 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.
10. Authorisation for use of biological resources
Access to nature reserves
11. Access to nature reserve by user of biological resources
13. Entrance and accommodation in a nature reserveAny person entering or staying in a nature reserve is subject to conditions of entry set by the City.
14. Points of entry and exit
15. Proof of entry
16. Safe enteringNo person may enter or take a vehicle or vessel into a nature reserve, onto a place, road, river or water area in an unsafe, reckless or negligent manner.
17. Staying overnight
18. Times of entry and travel
19. Activities which may have an adverse effect in a nature reserve
20. Specified activities
21. Research and monitoring
22. Interference with soil or substrate
23. BioprospectingNo person may undertake any manner or form of bioprospecting in a nature reserve without the prior written authorisation of the City other than subject to such conditions as determined by the City.
24. Buildings and improvements
25. French drains, pit latrines and other sewerage disposal systemsNo person may, without the prior written authorisation of the City, accompanied by a site plan, construct or in any way alter, extend or enlarge any french drain system, pit latrine or any other sewerage disposal system on any land situated within a nature reserve or replace it with another french drain system, pit latrine or any other sewerage disposal system.
26. Holiday resort, caravan park, camping or picnic siteNo 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.
27. Land and airspaceNo person may in a nature reserve, except with the prior written authorisation of the City—(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, 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.
28. Water areas
29. Removal and dumping in water areasNo persons may, without the prior written authorisation of the City and other than subject to the conditions imposed by the City, 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.
30. Domestic animals and livestock in nature reserves
31. Firearms and dangerous weapons
32. Commercial activitiesNo 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 City.
33. General restrictions
34. Prohibitions relating to vehicles
35. Littering and pollution
36. Pollution of water
37. General prohibitions
Fees and tariffs
38. Fees and tariffs
Compliance and enforcement
39. Authorised officials
40. Powers and functions of authorised officials
41. Compliance notice
42. Impounding of vessel, vehicle, items or goods
Offences and penalties
45. AppealsAny 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).
46. 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).
47. 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.
48. Short title and commencementThis By-law is called the City of Cape Town: Nature Reserve By-law, 2020 and comes into operation on promulgation in the Provincial Gazette.
- Entire By-law
- Chapter 1 – Introductory provisions
- Chapter 2 – Powers and responsibilities of the City
- Chapter 3 – The use of biological resources in nature reserves
- Chapter 4 – Access to nature reserves
Chapter 5 – Restricted activities
- 19. Activities which may have an adverse effect in a nature reserve
- 20. Specified activities
- 21. Research and monitoring
- 22. Interference with soil or substrate
- 23. Bioprospecting
- 24. Buildings and improvements
- 25. French drains, pit latrines and other sewerage disposal systems
- 26. Holiday resort, caravan park, camping or picnic site
- 27. Land and airspace
- 28. Water areas
- 29. Removal and dumping in water areas
- 30. Domestic animals and livestock in nature reserves
- 31. Firearms and dangerous weapons
- 32. Commercial activities
- 33. General restrictions
- Chapter 6 – Prohibited activities
- Chapter 7 – Fees and tariffs
- Chapter 8 – Compliance and enforcement
- Chapter 9 – Offences and penalties
History of this By-law
18 February 2021 this versionPublished in Western Cape Provincial Gazette no. 8387By-law commences.