Related "Applications" links

Marine Living Resources Act
18/98

Chapter 1: Introductory provisions

Objectives and principles (section 2)

The following objectives and principles must be taken into account in exercising any power under this Act:

    The need to achieve optimum utilization and ecologically sustainable development of marine living resources;
    The need to conserve marine living resources for both present and future generations;
    The need to apply precautionary approaches in respect of the management and development of marine living resources;
    The need to utilize marine living resources to achieve economic growth, human resource development, capacity building within fisheries and mariculture branches, employment creation and a sound ecological balance consistent with the development objectives of the national government;
    The need to protect the ecosystem as a whole, including species which are not targeted for exploitation;
    The need to preserve marine biodiversity;
    The need to minimise marine pollution;

Chapter 2: Administration

Chapter 3: Management of Marine Living Resources

Chapter 4: Marine protected areas

Marine protected areas (Section 43)

The Minister may, by notice published in the Gazette declare an area to be a marine protected area-

    for the protection of fauna and flora or a particular species of fauna or flora and the physical features on which they depend;
    to facilitate fishery management by protecting spawning stock, allowing stock recovery, enhancing stock abundance in adjacent areas, and providing pristine communities for research; or
    to diminish any conflict that may arise from competing uses in that area.

No person shall in any marine protected area, without permission in terms of subsection (3)-

    fish or attempt to fish;
    take or destroy any fauna and flora other than fish;
    dredge, extract sand or gravel, discharge or deposit waste or any other polluting matter, or in any way disturb, alter or destroy the natural environment;
    construct or erect any building or other structure on or over any land or water within such a marine protected area; or
    carry on any activity which may adversely impact on the ecosystems of that area.

The Minister may, after consultation with the Forum, give permission in writing that any activity prohibited in terms of this section may be undertaken, where such activity is required for the proper management of the marine protected area (subsection 3).

Chapter 5: Prohibited activities and stowage of gear

Chapter 6: Law enforcement

Chapter 7: Judicial matters

Chapter 8: General provisions

Power to make regulations (section 77)

The Minister may make regulations regarding-

(1)

(a)  any matter required or permitted to be prescribed in terms of this Act; and

(b)   generally all matters which are reasonably necessary or expedient to be prescribed in order to achieve the objects of this Act.

(2)  Without prejudice to the generality of the provisions of subsection (1), the Minister may make regulations-

(a) prescribing fines greater in amount than those already specified in any provision of this Act-
(i)  if necessary as a result of inflation or a rise in the consumer price index; or

(ii) to be in accordance with international law;

(w)   regarding the prevention of marine pollution;

(x)   regulating or prohibiting, either generally or in any specified fisheries-

(i)  the management and protection of marine protected areas;

(ii)  the taking of coral;

(iii)  the setting of fish traps, nets, fish pens or seine nets;

(iv)   the taking of fish for aquarium purposes; or

(v)   the taking of turtles;

(y)   establishing measures for the protection of specified species;
incidental thereto;

(aa)  relating to the circumstances in which fish which have been caught shall be returned or not returned to the sea or shall be released or not released;

(bb)   relating to the dumping or discharging of anything which is or may be injurious to fish, or which may disturb or change the ecological balance in any area of the sea;

(cc)   to ensure the orderly development and control of mariculture in the Republic;

(dd)   to ensure the orderly development of high seas fishing by South African persons and vessels.

Scientific investigations and practical experiments (section 83)

The Minister may, notwithstanding the provisions of this Act, permit any scientific investigation or practical experiment.