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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Marine Living Resources Act, No. 18 of 1998

Long title


To provide for the conservation of the marine ecosystem, the long-term sustainable utilisation of marine living resources and the orderly access to exploitation, utilisation and protection of certain marine living resources; and for these purposes to provide for the exercise of control over marine living resources in a fair and equitable manner to the benefit of all the citizens of South Africa; and to provide for matters connected therewith.

Table of contents

SECTION TITLE
1. Definitions

CHAPTER 1. INTRODUCTORY PROVISIONS
2. Objectives and principles
3. Application of Act
4. Conflict with other Acts

CHAPTER. ADMINISTRATION
5. Establishment of Forum
6. Functions of Forum
7. Composition of Forum
8. Industrial bodies and interest groups
9. Fishery control officers and honorary marine conservation officers
10. Marine Living Resources Fund
11. Appropriation of Fund
12. Register
13. Permits

CHAPTER 3. MANAGEMENT OF MARINE LIVING RESOURCES

Part 1. Fisheries planning
14. Determination of allowable catches and applied effort
15. Fisheries management areas
16. Emergency measures
16. Priority fishing areas

Part 2. Local fishing
18. Granting of rights
19. Small-scale fishing [...Title amended by Act 2014_005_005 by way of unmarked omission and marked insertion - was entitled "Subsistence Fishing"]
20. Recreational Fishing

Part 3. Commercial fishing
21. Commercial Fishing
22. Leasing of rights

Part 4. General local matters
23. Local fishing vessel licence
24. Reduction of rights
25. Fees
26. Recovery of interest and fees
27. Fishing harbours
28. Cancellation and suspension of rights, licences and permits

Part 5. Fisheries Transformation Council
29. Establishment of Fisheries Transformation Council
30. Main object of Council
31. Allocation of rights to and by Council
32. Powers of Council
33. Management and control
34. Composition of Council
35. Staff
36. Reporting
37. Abolishment of Council

Part 6. Foreign fishing
38. International agreements
39. Foreign fishing vessel licences

Part 7. High seas fishing
40. Prohibition of high seas fishing
41. High seas licences
42. Implementation of international conservation and management measures

CHAPTER 4. MARINE PROTECTED AREAS
43. Marine protected areas

CHAPTER 5. PROHIBITED ACTIVITIES AND STOWAGE OF GEAR
44. Prohibited fishing methods
45. Possession of prohibited gear
46. Interference with gear
47. Driftnet fishing
48. Fish aggregating devices
49. Stowage of gear

CHAPTER 6. LAW ENFORCEMENT
50. Observers
51. Powers of fishery control officers
52. Powers of fishery control officers beyond South African waters
53. Seizure of vessels
54. Seizure of vehicles or aircraft
55. Immobilisation of vessels, vehicles or aircraft
56. Co-operation with officials
57. Duty to report

CHAPTER 7. JUDICIAL MATTERS
58. Offences and penalties
59. Limitation of liability
60. Destruction of evidence
61. Payment for information leading to conviction
62. Security for release of vessel, vehicle or aircraft
63. Disposal of perishables
64. Treatment of things detained or seized
65. Application of security
66. Liability for loss, damage or deterioration of things in custody
67. Removal from custody
68. Forfeiture orders by court
69. Disposal of forfeited things and discharge of forfeiture orders
70. Jurisdiction of courts
71. Documentary evidence
72. Validity of certificates
73. Certificate as to location of vessel
74. Designated machines
75. Photographic evidence
76. Observation devices

CHAPTER 8. GENERAL PROVISIONS
77. Power to make regulations
78. Assignment to provinces
79. Delegation of powers
80. Appeal to Minister
81. Exemptions
82. Inquiries
83. Scientific investigations and practical experiments
84. Repeal of laws, and savings
85. Transitional measures
86. Short title and commencement
Sch.1.  SCHEDULE 1. (SECTION 84) [s84]
 
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