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South Africa
EASTERN CAPE PROVINCIAL LEGISLATION OVERVIEWS
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Eastern Cape Parks and Tourism Agency Act, No. 2 of 2010

Long title


To provide for the establishment of the Eastern Cape Parks and Tourism Agency in order to develop and manage protected areas and to promote and facilitate the development of tourism in the Province and to confer powers, functions and duties upon that Agency; to provide for the management thereof by a Board and the appointment of members thereof; to establish the Eastern Cape Tourism Development Fund and the Eastern Cape Biodiversity Conservation and Development Fund; to provide for the registration of certain persons and amenities involved in tourism; to provide for the collection of levies in respect of registered persons and amenities; to provide for the inspection of premises; to provide for transitional arrangements; and to provide for matters incidental thereto.

Table of contents

SECTION TITLE

TABLE OF CONTENTS
CHAPTER 1. DEFINITIONS
1. Definitions
CHAPTER 2. DEPARTMENTAL OVERSIGHT AND EXECUTIVE AUTHORITY
2. Executive authority
3. Provincial guidelines
4. Investigation and exercise and performance of Departmental power and duty by Agency
5. Regulations
6. Delegation by MEC
7. Declaration of provincial protected areas
8. Consolidation and expansion of provincial protected areas
9. Extension of period of time
CHAPTER 3. ESTABLISHMENT, OBJECTIVES AND POWERS AND DUTIES OF AGENCY
10. Establishment of Eastern Cape Parks and Tourism Agency
11. Objects of Agency
12. Powers and duties of Agency relating to protected area management
13. Powers and duties of Agency relating to tourism
14. General powers and duties of Agency
CHAPTER 4. GENERAL GOVERNANCE OF AGENCY
15. Role of Board
16. Constitution of Board
17. Nomination procedure
18. Disqualification from appointment to or remaining as member of Board
19. Resignation of member and vacation of office
20. Removal of Board member, dissolution of Board and appointment of interim Board
21. Appointment of member to vacant seat
22. Disclosure of interest
23. Chairperson and deputy chairperson
24. Term of office
25. Meetings of Board
26. Decisions of Board
27. Duties of Board
28. Executive management and employees
29. Committees
30. Executive committee
31. Delegation by Board
CHAPTER 5. FINANCIAL MATTERS AND REPORTING
32. Financial year
33. Revneue of Agency
34. Annual budget of Agency
35. Contents of strategic plan
36. Preparation and submission of annual report and financial statements of Agency
37. Quarterly reporting
38. Establishment of Eastern Cape Tourism Development Fund
39. Establishment of Eastern Cape Biodiversity Conservation and Development Fund
40. Allocation and utilisation of the Eastern Cape Tourism Development Fund and the Eastern Cape Biodiversity Conservation and Development Fund
41. Provincial tourism development levy
CHAPTER 6. REGISTRATION OF TOURIST AMENITIES OR PERSONS CONDUCTING OR OPERATING TOURIST SERVICES
42. Register of tourist amenities and tourist services in Province
43. Registration of tourist amenities and tourist service in Province
44. Application for registration as tourist amenity or tourist service
45. Power of Agency in relation to registration
46. Certificate of registration
47. Publication of list of registered tourist amenities and tourist services
48. Cancellation of registration of tourist amenity and tourist service
49. Period of validity of registration and renewal
50. Appeal against decision of Agency
CHAPTER 7. INSPECTORS, ENVIRONMENTAL OFFICERS, ENVIRONMENTAL MANAGEMENT INSPECTORS, COMPLIANCE OFFICERS AND INSPECTION OF PREMISES
51. Appointment or designation of inspector, environmental officer, environmental management inspector or compliance officer
52. Powers and duties of environmental officer, environmental management inspector, compliance officer and inspector
53. Entry with warrant
54. Entry with permission
55. Resistance against entry or inspection
56. Inspector may be accompanied
57. Duty to produce document
58. Duty to answer questions and assit inspector
59. Compliance notice
60. Closing of registered and other premises
CHAPTER 8. OFFENCES AND PENALTIES
61. General offences
62. Offences relating to Board and Agency
63. Offences regarding inspections
64. Penalties
65. Presumptions
66. Jurisdication of magistrate's court
CHAPTER 9. TRANSITIONAL PROVISIONS
67. Dissolution of Eastern Cape Parks Board and the Eastern Cape Tourism Board
68. Legal successor
69. Interim Board
70. Acting chief executive fficer
71. Legal proceedings and internal proceedings and investigations
72. Management of protected areas
73. Finacial, administrative and other records of Eastern Cape Parks Board and Eastern Cape Tourism Board
74. Employees of Eastern Cape Parks Board and Eastern Cape Tourism Board
75. Continued registration of tour guides, tour operators, couriers, training providers, hotels, other accommodation establishments, conference centres, restuarants and designated tourist amenities
76. Management plans
77. Investigations and law enforcement activities
78. General
CHAPTER 10. GENERAL PROVISIONS
79. Procedural fairness
80. Repeal of laws
CHAPTER 11. SHORT TITLE AND COMMENCEMENT
81. Short title and commencement
.
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