Nature Reserve By-Law, 2020.
Country
Type of law
Regulation
Abstract
This By-Law, consisting of 48 Sections and 1 Annex, covers any area designated for nature conservation, whether it's officially protected by an Act, managed as a perpetual nature area via a registered agreement, or acquired by the City specifically for conservation through a Council resolution. It aims to (i) regulate the management, use, activities, and access to nature reserves within the jurisdiction of the City of Cape Town; (ii) engage user groups and stakeholders in a formalized manner; (iii) provide for safe and environmentally sensitive recreation. Chapter 2 details the City's broad powers and responsibilities in overseeing nature reserves. This includes (i) breeding programs, reintroducing indigenous species, conducting research, controlling undesirable species, and developing necessary infrastructure (with environmental authorization). The City also ensures visitor and staff well-being and can authorize external businesses or collaborate with other government entities for reserve management; (ii) activities management, designating specific areas for visitor, community, or commercial activities, ensuring these align with the reserve's purpose. This involves clear signage and developing codes of conduct; (iii) safety rules, including appointing and overseeing safety officers who, with proper authorization, can guide visitors on by-law compliance and recommend further actions; (iv) managing public notices to regulate land use, restrict access, set activity conditions, and inform the public through various channels. Specific rules for recreational areas must be displayed. Chapter 3 details how the City can permit the sustainable, monitored use of biological resources within nature reserves, both for individuals and local communities, via non-transferable written authorizations or agreements. These authorizations, consistent with the reserve's purpose, define the area, duration, and usage limits. The City can also cancel or suspend these rights if conditions are violated, resources are threatened, or for urgent conservation needs or emergencies.
Chapter 5 details activities requiring written City authorization within nature reserves to safeguard their biodiversity. Key restrictions include (i) Biological Resources: Prohibiting introducing, disturbing, or exploiting species without approval; angling is restricted to designated areas; (ii) Environmental Harm: Forbidding pollution, defacing sites, or harming specimens and populations; (iii) Specified/Commercial Use: Requiring authorization for certain activities, including commercial and educational programs; (iv) Research and Monitoring: Mandating authorization, permits, and compliance for all projects; (v) Soil and Substrate Interference: Prohibiting removal of materials or disturbing natural/cultural formations without prior consent; (vi) Bioprospecting, Buildings and Infrastructure: Forbidding bioprospecting; all construction needs explicit City consent; (vii) Recreational/Land Use: Restricting resorts/campsites and prohibiting most land/airspace activities without approval; (viii) Water Areas: Requiring authorization for vessels or material removal or dumping in natural water bodies; (ix) Domestic Animals and Firearms: Prohibiting pets and livestock unless specified conditions are met; unauthorized possession of weapons or poisons is forbidden. Chapter 6 details prohibited activities in nature reserves, designed to ensure safety, prevent environmental harm, and maintain order. Key prohibitions include (i) Vehicle-related mainly in line with safety rules; (ii) Littering and pollution, strictly no disposal of any waste (industrial, domestic, harmful, hazardous) outside designated receptacles or into the environment; (iii) Water pollution, no disposing of solid or liquid waste into any water body within the reserve; (iv) General actions related to noise, illegal land occupations, offensive behavior, damaging vegetation, and unauthorized firearm discharge.
Chapter 5 details activities requiring written City authorization within nature reserves to safeguard their biodiversity. Key restrictions include (i) Biological Resources: Prohibiting introducing, disturbing, or exploiting species without approval; angling is restricted to designated areas; (ii) Environmental Harm: Forbidding pollution, defacing sites, or harming specimens and populations; (iii) Specified/Commercial Use: Requiring authorization for certain activities, including commercial and educational programs; (iv) Research and Monitoring: Mandating authorization, permits, and compliance for all projects; (v) Soil and Substrate Interference: Prohibiting removal of materials or disturbing natural/cultural formations without prior consent; (vi) Bioprospecting, Buildings and Infrastructure: Forbidding bioprospecting; all construction needs explicit City consent; (vii) Recreational/Land Use: Restricting resorts/campsites and prohibiting most land/airspace activities without approval; (viii) Water Areas: Requiring authorization for vessels or material removal or dumping in natural water bodies; (ix) Domestic Animals and Firearms: Prohibiting pets and livestock unless specified conditions are met; unauthorized possession of weapons or poisons is forbidden. Chapter 6 details prohibited activities in nature reserves, designed to ensure safety, prevent environmental harm, and maintain order. Key prohibitions include (i) Vehicle-related mainly in line with safety rules; (ii) Littering and pollution, strictly no disposal of any waste (industrial, domestic, harmful, hazardous) outside designated receptacles or into the environment; (iii) Water pollution, no disposing of solid or liquid waste into any water body within the reserve; (iv) General actions related to noise, illegal land occupations, offensive behavior, damaging vegetation, and unauthorized firearm discharge.
Attached files
Web site
Date of text
Repealed
No
Source language
English
Legislation Amendment
No