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This is the latest version of this By-law.
Beaches By-law, 2015
- Published in KwaZulu-Natal Provincial Gazette no. 1523 on 12 October 2015
- Commenced on 12 April 2016
- [Up to date as at 31 May 2021]
PreambleWHEREAS the Municipality has the competence in terms of Part B of Schedule 5 of the Constitution relating to beaches and amusement facilities, billboards and the display of advertisements in public places, local amenities, and traffic and parking; AND WHEREAS there is a need to develop legislation to govern the access to and use of beaches and coastal areas within the jurisdiction of the Municipality; NOW THEREFORE The Municipal Council of the eThekwini Metropolitan Municipality, acting in terms of section 156 read with Schedule 5 (Part B) of the Constitution of the Republic of South Africa, and read with section 11 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), hereby makes the following By-law:
1. DefinitionsIn this By-law, unless the context otherwise indicates– "admiralty reserve" means any strip of land adjoining the inland side of the high-water mark which, when the Act took effect, was state land reserved or designated on an official plan, deed or other document evidencing title or land-use rights as "admiralty reserve", "government reserve", "beach reserve", "coastal reserve" or other similar reserve; "authorised official" means a person authorised to implement the provisions of this Bylaw, including but not limited to – (a) peace officers as contemplated in section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); (b) municipal or metropolitan Police Officers as contemplated in the South African Police Service Act, 1995 (Act No. 68 of 1995; and (c) such employees, agents, delegated nominees, representatives and service providers of the Municipality as are specifically authorised by the Municipality in this regard: Provided that for the purposes of search and seizure, where such person is not a peace officer, such person must be accompanied by a peace officer; "bathing" means swimming or entering the beach bathing area or any swimming pool provided by the Municipality on the beach area for public use, but excludes surf-riding or surfing and paddling; "beach area" means the beach, the beach bathing area and any part of the coastal area and its immediate surroundings, including any open space, park, road, lane, parking space, pathway, or any municipal property or public amenity located in such area; "beach bathing area" means any portion of the seashore which is demarcated as a bathing area and which may be protected from sharks by whatsoever means and under supervision of lifeguards, and includes the sea for a distance of two hundred metres seaward; "coastal area" means the sea-shore and the sea for a distance of 200 metres seaward and 100 metres inland, but excluding any privately owned land and including all Admiralty Reserve and Public Roads as defined in the Road Traffic Act, 1996 (Act 93 of 1996); "coastal zone" means the area comprising coastal public property, the coastal protection zone, coastal access land and coastal protected areas, the seashore, coastal waters and the exclusive economic zone and includes any aspect of the environment on, in, under and above such area, as contemplated by the Act; "craft" means any boat, jet-ski, ski-boat or motorised vessel, and includes a surf-craft or windsurfer; "fish" means the marine living resources of the sea and the seashore, including any aquatic plant or animal whether piscine or not, and any mollusc, crustacean, coral, sponge, holothurian or other echinoderm, reptile and marine mammal, and includes their eggs and larvae at all juvenile stages, but does not include sea birds and seals; "fishing‟ means— (a) searching for, catching, taking or harvesting fish or an attempt to engage in any such activity; (b) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking or harvesting of fish; placing, searching for or recovering any fish aggregating device or associated gear, including radio beacons; (c) any operation in support of or in preparation for any activity described in this definition; or (d) the use of a vessel or aircraft in relation to any activity described in this definition; "groyne" means a protective structure of stone or concrete or similar material that extends from shore into the water which is meant for coastal stability purposes and to prevent a beach from washing away; "motor-vehicle" means any self-propelled vehicle having an engine or motor as an integral part thereof or attached thereto and which is designed or adapted to be propelled by means of such engine or motor for the purposes of transportation on the road or on water of one or more persons or any material, item, substance or object, and includes a trailer, motor-bike, quad-bike, personal watercraft or earth-moving or earth-working vehicle, but excludes any vehicle which is controlled by a pedestrian, or any vehicle with a mass not exceeding 230 kilograms which is specially designed and constructed solely for mobility of any person suffering from some physical defect or disability or a vessel; "municipal council" or “council” means the eThekwini municipal council, a municipal council referred to in section 157(1) of the Constitution; "Municipality" means the eThekwini Municipality, a category A municipality as envisaged in terms of section 155(1) of the Constitution of the Republic of South Africa and established in terms of PN343 of 2000 (KZN); "municipal manager" means a person appointed in terms of section 54A of the Municipal Systems Act as the head of administration of the municipal council; "nuisance" means any conduct or behaviour by any person or the use, keeping, producing, by-producing, harbouring or conveying, as the case may be, of any item, substance, matter, material, equipment, tool, vegetation or animal or causing or creating any situation or condition in or on private property or in a public place or anywhere in the Municipality which causes damage, annoyance, inconvenience or discomfort to the public or to any person, in the exercise of rights common to all or of any person; "official lifeguard" or "lifeguard" includes any professional lifeguard or member of a voluntary lifesaving association or club or a member of the Surf Lifesaving Association of South Africa, employed as a lifeguard on the Municipality's beaches; "pier" means any constructed pier situated at any of the beaches in the area of jurisdiction of the eThekwini Municipality; "sea-shore" or "beach" means the area between the low-water mark and the high-water mark, or as may be determined or adjusted from time to time in respect of the coastal zone boundaries by a competent national or provincial authority in terms of the Act; "seine netting" means any means of catching or entrapping fish at sea using a net or similar material or equipment; "surf-craft" includes a surf board, wave-ski, jet-ski, water-ski, paddle-ski, aquaplane or other similar device or apparatus and any paddles or oars used with it, except if such is of an inflatable character or wholly constructed of a soft pliable material; "surf riding" or “surfing" means any activity on or in the water with or on a surf-craft or personal watercraft which includes but not limited to the pastimes known as surfing, surf riding or surf-skiing, wind-surfing, para surfing, kite-surfing, boarding, in-board rescue boarding or rubber-ducking or any other pastime, sport or activity or calling involving the riding of the sea waves by a person with any apparatus designed specifically for that purpose, and "surf" bears an equivalent meaning; "the Act" means the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008); "vessel" means a waterborne craft of any kind, whether self-propelled or not, but does not include a personal watercraft or any moored floating structure that is not used as a means of transport by water; and "waste" means any substance, whether or not that substance can be reduced, re-used, recycled and recovered – (a) that is surplus, unwanted, rejected, discarded, abandoned or disposed of; (b) which the generator has no further use of for the purposes of production; (c) that must be treated or disposed of; or (d) that is identified as a waste by the Minister of Environmental Affairs by notice in the Gazette, and includes waste generated by the mining, medical or other sector. Provided that, a byproduct is not considered waste and any portion of waste, once re-used, recycled and recovered, ceases to be waste.
2. InterpretationIf there is a conflict of interpretation between the English version of this By-law and a translated version, the English version prevails.
Objects of by-law
3. Objects of By-lawThe objects of this By-law are to – (a) create an effective system for the managing and controlling of public access to beaches and beach areas; (b) provide measures to regulate conduct on beaches and beach areas and to prohibit certain activities or conduct on beaches and beach areas; (c) provide measures to control and regulate access to and the use of public amenities on the beach and beach areas; (d) provide penalties for the breach of its provisions; and (e) provide for related matters.
4. Application of By-law
Use of beaches by public
5. Areas reserved for specific recreational activities
6. Prohibition of bathing within certain areas
9. Surf-riding or surfing
10. Nuisances and prohibited, indecent or offensive behaviour
13. CampingNo person may stay, sleep or camp overnight in any part of the beach area or erect a tent or structure for the purpose of staying overnight other than in a designated area.
14. Protection of the natural environment
Offences and penalties
20. Repeal of lawsThe By-laws and Notices listed in the Schedule to this By-law are hereby repealed to the extent mentioned in the third column of the Schedule.
21. Short title and commencement
- Entire By-law
- Chapter 1 – Interpretations
- Chapter 2 – Objects of by-law
- Chapter 3 – Application
- Chapter 4 – Use of beaches by public
- Chapter 5 – Natural environment
- Chapter 6 – Offences and penalties
- Chapter 7 – Miscellaneous provisions
History of this By-law
12 April 2016By-law commences.
12 October 2015 this versionPublished in KwaZulu-Natal Provincial Gazette no. 1523